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Journal : Al-Istinbath: Jurnal Hukum Islam

Tradition, Wisdom and Negotiating Marriage and Inheritance Disputes on Javanese Muslim Miftahul Huda; Agus Purnomo; Abdul Mun'im; Lutfi Hadi Aminuddin; Lukman Santoso
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9887

Abstract

This study aims to find a negotiation model in the tradition of Javanese Muslim communities in resolving disputes regarding marriage and inheritance restrictions. When the reality of resolving marriage and inheritance disputes impacts family and community strife, this becomes crucial. The qualitative paradigm was used to construct this research, which included a series of observations and in-depth interviews with the disputed families and focus group discussions with informants in the East Java community. This research discovers three models for resolving the tradition of avoiding marriage and inheritance disputes in Javanese Muslim society with social components in a heterogeneous society. 1) negotiating the traditional cum theology model, 2) negotiating the tradition and law model, and 3) negotiating the traditional wisdom model. Furthermore, when many cultural traditions fade, the growing negotiation model can serve as the foundation for policy for local governments in generating variants of the nation's cultural traditions.