Settlement Of Customary Inheritance Dispute Cases According To Sharia (Islamic Law) In Indigenous Communities In Indonesia

Abstract

In sharia, settlement of disputes can be done through litigation institutions such as courts, or through non-litigation outside the court. Dispute settlement through litigation is carried out by a process in court where the authority to oversee and decide is exercised by a judge. This study will analyze the settlement of customary dispute cases that are resolved by utilizing sharia or Islamic law in Indonesia, by examining the practices of indigenous people communities. This research is descriptive analytical, which is a study that aims at describing and analyzing facts in an organized and systematic manner. The result, there are three theories regarding the relationship between customary law and Islamic law in terms of settlement of inheritance dispute cases in several regions in Indonesia, namely receptio in complexu theory, receptie theory, and receptio a contrario theory. Judges in the provinces of Aceh and West Sumatra refer to the theory of recepetio a contrario in applying Islamic law, meaning that Islamic law is a legal system that is fully applicable to all Muslims. The Compilation of Islamic Law is a logical consequence of Islamic law as a legal system. Customary inheritance law is accepted because it does not conflict with Islamic law. Whereas in West Java Province, it adheres to the receptie theory, in terms of settlement of inheritance dispute cases, where it does not fully adhere to Islamic law because it has its own system.