JUSTICE AND PEACE: THE RECONSTRUCTION OF INHERITANCE LAW BASED ON TRADITION IN LOMBOK

Abstract

This article aims to explore the dialectics of inheritance law thought in Lombok, eastern Indonesia. To focus the study, this article only discusses the thoughts of Maulana Syaikh Muhammad Zainuddin; academics, scholars, figures, and thinkers in Lombok. This research is a descriptive-analysis qualitative research based on literature study and field data. The data collection methods in the research were documentation, interviews, and observation. Documentation is conducted by tracing Maulana Shaykh's work in the field of inheritance and articles related to it. Interviews were conducted with the historical actors, students and family of Maulana Syaikh, as well as the Sasak community in the implementation of inheritance. Observations were conducted by observing the practice of inheritance in Sasak society. The results of this study indicate that the people of Lombok have a tradition system in inheritance, and it has been practiced for hundreds of years. Maulana Syaikh's thinking in some of his works on inheritance aims to introduce the main Islamic law on inheritance and its implementation for the community. However, on the practical side, Maulana Syaikh reconstructed the field of inheritance by considering aspects of local wisdom (al-'urf), public good (maslahah), and the porpuse of law (maqashid al-syariah). Islamic inheritance law was used as a solution only when it was assumed that there was a possibility of conflict in the family. The contribution of this article is to provide a conceptual frame work in solving the problem of inheritance in a society that adopts the multi law system.