Legal Pluralism in Settling Inheritance Disputes in Besemah, South Sumatera

Dewi Sukarti
Journal article Ahkam Journal of Sharia • January 2013 Indonesia

Abstract

: Legal Pluralism in Settling Inheritance Disputes in Besemah, South Sumatera. Inheritance issue is present in almost every tradition, ranging from great traditions to little ones because as Vinogradoff view that inheritance is given after the death of parent(s) in order that his/her children are able to lead his/her life after the his/her parents passed away. Therefore, Islamic law as great tradition, and Besemah's customary law as little tradition lay rules on inheritance. The two legal systems are practiced in South Sumatera, especially in Besemah ethnic group. Besemah's inheritance tradition is practiced widely in the society of Besemah, but when there is a dispute on inheritance adjudicated to court, there are two courts authorized to settle the dispute. State court tries the traditional element of inheritance (budel) and the assumed criminal element in the dispute. But when the dispute is booked to religious court, judges would refer to Islamic law. Here the state acknowledges pluralism of law of inheritance.

Metrics

  • 77 views
  • 36 downloads

Journal

Ahkam Journal of Sharia

Ahkam: Jurnal Ilmu Syariah (Ahkam Journal of Sharia) is a peer-reviewed journal that publishes or... see more