The Dynamics of Harmonizing Customary Law and Islamic Law in Inheritance Resolution Based on Local Wisdom

Abstract

Indonesia has a pluralistic legal system reflected in the coexistence of customary law, Islamic law, and national law. In inheritance matters, this diversity has resulted in various inheritance practices based on the local wisdom of different regions. This study aims to describe the forms and practices of local wisdom in inheritance distribution in Indonesia and to analyze its integration with the principles of Islamic inheritance law in achieving justice and social harmony. The study shows that inheritance practices in Indonesian communities have diverse characteristics, including the matrilineal system in Minangkabau, the patrilineal system in Batak and Bali, and the bilateral system in Java. Despite these differences, such practices generally emphasize deliberation, responsibility, balance, and family harmony as the basis for inheritance distribution. The integration of local wisdom and Islamic inheritance law is carried out by adapting customary values to Islamic principles, particularly through deliberation, gifts (hibah), and considerations of public benefit. Islamic inheritance law provides a normative framework concerning the rights and shares of heirs, while local wisdom provides flexibility to consider social conditions and family needs. The integration of these two systems can create inheritance distribution that is more socially and religiously acceptable, prevent family conflicts, and strengthen solidarity and social harmony.