Fiqh and custome negotiation in inheritance tradition dispute at mataraman society, east java

Huda, Miftahul and Hidayati, Niswatul and Umami, Khairil (2020) Fiqh and custome negotiation in inheritance tradition dispute at mataraman society, east java. In: The 1st International Conference on Islamic Law & Civilization “The Dynamic of Islamic Law & Civilization in Islamic World”, 2020, Pamekasan, Jawa Timur, Indonesia.

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Abstract

This article revealsof the negotiation formulation model in the inheritance tradition of dispute resolution in the mataramanEast Java society as a response to the reality of inheritance dispute resolution problems that arise in society and often become acute family social disputes. By conducting field research on seven families that carry out the traditional process of inheritance distribution, this article produces a negotiating formulation model in the tradition of inheritance dispute resolution in the mataramansocietywith three model categories, namely: negotiating in the formulation of theology cum tradition, negotiating in the formulation of fiqh cum tradition, and negotiating in the formulation of indigenous wisdom and diversity. Within the three formulations, the formulation of the mainstream fiqh cum tradition model appears as a solution because it is a middle way to resolve inheritance disputes in society for the integrity of assets and family relations and becomes a role model for the negotiation process in the tradition of inheritance distribution with social dimensions in a society with multicultural characteristics.

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