Fiqh and Custom Negotiation in Avoiding Inheritance Dispute Tradition among Mataraman Society East Java

Huda, Miftahul and Hidayati, Niswatul and Umami, Khairil (2020) Fiqh and Custom Negotiation in Avoiding Inheritance Dispute Tradition among Mataraman Society East Java. al-Ihkam: Jurnal Hukum dan Pranata Sosial, 15 (2). pp. 224-250. ISSN ISSN: 1907-591X, E-ISSN: 2442-3084

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Abstract

This article reveals the negotiation models to avoid
inheritance dispute among Mataraman society at East Java
responding to potentially high number of inheritance dispute cases which often becomes an acute family social problem. Conducting a field research on seven families carrying out inheritance distribution process, this article classifies three models of Mataraman society’s negotiation in inheritance dispute settlement. They are negotiation using theology cum tradition procedure, negotiation using fiqh cum tradition, and negotiation using indigenous mainstream wisdom procedure. Among the three, the procedure of fiqh cum tradition comes as
the mainstream solution because it offers a middle way to
settle inheritance disputes for the sake of assets unity and harmonious family relationship. It also becomes a role model for social based negotiation process for settling inheritance distribution in a multicultural society

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