Reconstructing Gender Relations for Family Resilience in Minangkabau: Integrating Islamic Law and Customary Law

Indonesia is a country that has ethnic and cultural diversity, this becomes an advantage as well as a weakness if the government is not able to develop rules and policies that represent the needs of its citizens.This can be seen in the system of inheritance distribution in Indonesia which adheres to three systems of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Indonesian Civil Inheritance Law. The legal system of heirs is influenced by the kinship system owned by a region. Indonesia knows 3 (three) kinship systems, namely matrilineal, patrilineal and parental kinship systems. The matrilineal kinship system sees the maternal lineage, the patrilineal kinship system sees the paternal lineage, and the parental kinship system sees the maternal and maternal lineage. The Minangkabau are a growing tribe in West Sumatra Province, where the people adopt a matrilineal kinship system, a kinship system and the Inheritance is inherited according to the lineage of the Mother. This means that boys and girls and their families, including racism mother, who inherited the property. Basic on decision No 292 / K / Ag / 2019 that the origin of the land on the decision proved to be the executor of Appeal, but still devolved court Religion. This is contrary to the West Sumatra Regional Regulation No. 16 of 2008 Article 12 paragraph 2 on Ulayat Land and its Use, if the peace decision is not accepted by the disputing party as referred to in paragraph 1 then the disputing parties may take the matter to the District Court. It is clear that the regulation states that the Religious Court does not have the authority to examine and adjudicate matters a quo. Inheritance of High Estate in Minangkabau is only regulated in the provisions of customary law which sometimes when there is a dispute over the division of heirs of High Estate, often overrides the provisions of customary law in resolving disputes so that in its application some rules even make the essentials of High Estate reduced or even lost.

Doka Nikisi’e is a village located in Ngada district which adheres to the matrilineal kinship system. However, even though women holding rights in traditional houses, men also have important roles in the kinship system in the village of Nikisi'e. Therefore, to avoid discrepancy and insurgency, it’s necessary to have a good gender relation in both case. For DokaNikisi’e people, even though the matrilineal kinship system greatly glorifies women, they still consider that this’s not to give women an absolute power, but solely for the sake of harmony between both side.The matrilineal kinship system in DokaNikisi'e can be studied by applyingRatnaMegawangi’s nurture and nature theory, called role theory. Robert Linton. While the concepts used as a reference in this study are concept of gender, kinship system concept and matrilineal concept. This research is a qualitative research which is obtained by ethnographic research models. Data collection techniques used in this research are observation, interviews, literature studies, and data analysis that is useful for processing objects in the research location.The results of this research shows that there is a process in the matrilineal kinship system inDokaNikisi’e village which explains the stages of the matrilineal kinship is formed through the marriage system. And in this process explained the classification of roles between men and women and allotment of inheritance in traditional houses.Besides explaining the process, this research also explains the significations contained in the matrilineal kinship system in DokaNikisi’e village.

Indonesia also recognizes customary inheritance law that encompasses a variety of different traditions and legal systems, depending on the ethnic group and region. Referring to inheritance law in Minangkabau, the indigenous community is known for its matrilineal kinship system, where lineage and inheritance are inherited through the mother's lineage. This study aims to determine the implementation of the distribution of customary inheritance law in Minangkabau indigenous peoples. This research uses the Normative-Empirical method, because the researcher combines elements of normative and empirical law, and the author also examines a legal case from an interview with the Chairman of the Nagari Pagaruyuang Customary Density. In Minangkabau society, the applicable inheritance law is different from inheritance law in civil law, the kinship system adopted is a matrilineal kinship system with the distribution of inheritance in the form of sako and pusako. Dispute resolution involves the active role of the customary clan/elder as mediator, decision-maker, and implementation of the decision. Inheritance disputes in Minangkabau society are a complex phenomenon involving various cultural, social and legal factors. Minangkabau customary law plays a central role in regulating inheritance distribution and conflict resolution. Values such as kinship, social justice and deliberation are key principles in this process, with deliberation as a means to reach mutual agreement in dispute resolution.

The article studies the main aspects of Islamic international law, as they are reflected in treaties of the Arab countries. At the same time, both the history of Islamic international law and the experience accumulated by Arab countries in regulating international relations create a variety of approaches. That being the case why there is no unity in the idea of how modern international law should comply with Islamic principles. The Islamic religion itself, in turn, emphasizes on ethics, and therefore the study aims at individual rights and the role of states in modern Islamic international law. In addition to the complexity of choosing the most important aspects of Islamic international law, there are difficulties in choosing research methods. Studying primary sources of Islamic international law is narrowed to an anthological approach of a number of verses of the Holy Quran, which are the reason for its (Islamic international law) emergence. Functional and comparative legal analyses are used to evaluate the way customary and general international law and universal norms comply with Islamic principles. The article reveals that modern Islamic international law is based on the principles of Sharia, while Sharia and Islamic law are enshrined in the constitutions of Arab countries. For this reason, Middle Eastern states play an increasing role in regulating international relations. This leads to dualism in the interaction between Islamic international law and domestic law, and, finally, there is no uniformity, when norms of international Islamic law are applied.

In general, research on the migration process of the Minangkabau people evolve around two theses. First, the migration is caused by matrilineal kinship system in which the status and position of male is inferior to that of female. Second, Minangkabau community has a cultural mission that idealizes a desire for male to migrate in order to seek wealth and to gain new knowledge that their homeland cannot provide. However, both theses have profound weaknesses. On the first thesis, if it is true that matrilineal kinship system has driven male to migrate, then in an ethnic group with patrilineal kinship system the contrary should have taken place. But that is not the case. In both kinship systems the majority of migrating people are men. On the second thesis, ia a community that has no cultural mission about the purpose of migration, in fact, people still tend to migrate. A study conducted by the writer concluded that both matrilineal kinship system and cultural mission only play as intervening variables which have increased the size of the migration. The main determinant remains rural-urban imabalances in economic development that have attracted people to move to cities.

Customary inheritance law is affected by three kinship systems, which are patrilineal kinship, matrilineal kinship and parental kinship. These three kinship systems have their own characteristics that are typically traditional ones. Traditional customary inheritance law norms in the patrilineal kinship system explain that only male descendants are heirs in the distribution of their parents' inheritance. Meanwhile, women (daughters and widows) are not heirs of their parents/fathers or husbands. On the other hand, the norms of traditional customary inheritance law in Minangkabau with a matrilineal kinship system, which is from the mother or female line, are basically male descendants and female descendants of their mother's property. The father's property is inherited by his sisters and nieces. The norms of inheritance law in the parental kinship system do not distinguish between the position of sons and daughters. Therefore, both sons and daughters have the same rights in the distribution of inheritance from their parents. The development of customary inheritance law norms can be affected by the decisions of judges or the jurisprudence of the Supreme Court. The research method used normative legal research, which refers to legal norms regulated in laws and regulations, literature, expert opinions in order for the researchers to obtain information related to legal issues. Normative legal research is legal research conducted by examining literature or secondary legal materials as basic material to be researched by conducting searches of regulations, jurisprudence or judges' decisions and literature related to the issues discussed.

Tradisi budaya Minangkabau memiliki sistem kekerabatan (matrilineal), di mana pernikahan adalah peristiwa penting yang melibatkan integrasi laki-laki ke dalam keluarga istrinya dan menambah anggota baru ke komunitas Rumah Gadang. Namun, peran laki-laki dalam perkawinan Minangkabau tradisional sebagai "urang sumando" atau tamu membuat perannya sebagai suami dan ayah menjadi minimal. Penelitian ini juga mengkaji implikasi hukum adat dan hukum Islam terhadap pernikahan campuran. Hukum adat Minangkabau yang bersifat matrilineal dan hukum Islam, yang menekankan kesetaraan dan keadilan, sering kali saling berkonflik dalam konteks pernikahan campuran yang menjadikan penelitian ini dirasa cukup penting yang juga dikarenakan adat suku Minangkabau berbeda dengan suku-suku yang ada di Indonesia. Beberapa kebiasaan yang ada pada masyarakat umum Indonesia bertentangan dengan hukum adat dan beberapa hukum adat bertentangan dengan hukum Islam. Penelitian ini bertujuan untuk memberikan kesadaran kepada masyarakat mengenai ketetapan hukum Islam dan mengenalkan hukum Islam bahwa Islam mempermudahkan bagi para pemeluknya dalam hal pernikahan dan jauh dari kata mempersulit proses terrsebut. Penelitian ini menggunakan pendekatan kualitatif dengan metode studi pustaka, menganalisis berbagai sumber data seperti buku referensi dan artikel jurnal ilmiah. Hasil penelitian menunjukkan bahwa pernikahan campuran dalam adat Minangkabau berpotensi menimbulkan konflik, namun dapat diselesaikan melalui pendekatan hukum Islam yang menekankan keadilan dan kesejahteraan bersama. The Minangkabau cultural tradition has a matrilineal kinship system, where marriage is a significant event that involves the integration of a man into his wife's family and adds new members to the Rumah Gadang community. However, the role of men in traditional Minangkabau marriages as "urang sumando" or guests minimizes their roles as husbands and fathers. This study also examines the implications of customary law and Islamic law on mixed marriages. The matrilineal nature of Minangkabau customary law and Islamic law, which emphasizes equality and justice, often conflict in the context of mixed marriages, making this research crucial given that Minangkabau customs differ from those of other Indonesian ethnic groups. Some practices common in broader Indonesian society conflict with Minangkabau customary law, and some customary laws conflict with Islamic law. This research aims to raise awareness among the public about the provisions of Islamic law and to introduce the concept that Islam facilitates marriage for its adherents rather than complicating it. This study uses a qualitative approach with a literature review method, analyzing various sources such as reference books and academic journal articles. The results show that mixed marriages in Minangkabau customs have the potential to cause conflicts but can be resolved through the application of Islamic law, which emphasizes justice and collective well-being.

Inheritance law in Indonesia is still plural, this happens because Indonesia does not yet have a National Inheritance Law that applies to all Indonesian people. In connection with the absence of the law, in Indonesia there are still three (3) kinship systems, i.e. the kinship system, the parental kinship system and the matrilineal kinship system. Additionally, through the Decree of the Supreme Court of the Republic of Indonesia dated November 1, 1961 Reg No. 179/K/Sip/1961 which states that the girl and boy of a joint heir are entitled to inheritance in the sense that the share of boys is equal to that of girls. The problems in this research are 1) how to development of inheritance distribution practices for inheritance to girls in the patrilineal kinship system 2) how is the direction of development of customary inheritance law towards inheritance to girls in the patrilineal kinship system? This study uses research methods with a normative approach. The results showed that the practice of dividing inheritance for inheritance to girls in the patrilineal kinship system has undergone changes in several factors that effect the development of changes in indigenous peoples, including education, overseas/migration, economic and religious factors as well as social court decisions. 2) The direction of development of customary inheritance law towards inheritance to girls in the patrilineal kinship system began with the issuance of Supreme Court Decision Number 179K/Sip/1961 and has moved towards a patrilineal system that provides equality towards equality and rights for boys and girls because it is influenced by human factors, justice and equality between men and women.

Acculturation of al-adat and Islamic law is a means to determine the extent to which Islamic law and local custom come into contact with the life practices of the Mandailing Tribe community of Islam without any contradictions. This research is empirical research with descriptive analysis. Research data were collected using observation and interview methods, then analyzed using content analysis methods. The results of this study indicate a synergism of the Mandailing tribal community, which adheres to a patrilineal kinship system to carry out Islamic law in parallel and local customs. The practice of sharing inheritance in the Mandailing tribal community is carried out traditionally by containing Islamic values. This practice is a realization of the philosophy of the Mandailing tribal community as "Ombar do adat dot ugama" and "The Customary Country of Obedience to Worship" as a forum to unite the Islamic legal and the customary law system. The acculturation of Islamic law and customary law in sharing inheritance in the Mandailing community shows that Islamic law can be dialogued with the customs that live in the community while still realizing the values of justice and benefit. Inheritance practice that dialogues Islamic law and the customary law of the Mandailing tribe in the inheritance distribution process, making daughters as heirs, presenting religious and traditional leaders during the inheritance distribution process, while maintaining undivided assets in the form of heirloom houses and objects for the son (youngest).

Dispute resolution plays an important role in maintaining harmony and order in society. This study aims to examine the role of mediation and arbitration in the context of Islamic constitutional law by integrating such approaches with the principles of Islamic law. This study uses a descriptive qualitative approach to answer research questions that focus on an in-depth understanding of mediation and arbitration. Data collection is carried out through literature study and analysis of documents relevant to the research topic. Major data sources include scientific articles, and relevant books. The results of this study address mediation and arbitration, providing a platform for deliberation-based processes where disputing parties can reach agreement through fair dialogue and discussion. Islamic ethics and values in dispute resolution, mediation and arbitration in Islamic law demand a high level of ethics and adherence to Islamic values. This process should be based on Islamic moral and ethical principles, including honesty, justice, and commitment to peace. Islamic principles create a dispute resolution system that is more effective and in accordance with Islamic values. By understanding and respecting Islamic principles, mediation and arbitration can be powerful instruments in creating a fair dispute resolution.

The child’s welfare in the matrilineal society is become the maternal kinship responsibility, while the father’s role in the family nonexistent. This situation makes children avoid parental divorce'snegative impacts because they still have maternal relatives as the primary social support source. But the results of research on the Minang community in West Sumatra, Indonesia, show a shift in the role of the members of the matrilineal kinship system, which makes the father’s role more strength for children. This phenomenon leaves the question of whether the kinship system still functions as a social support source for children of divorce. The study was conducted using a qualitative interpretative phenomenology analysis approach involving three Minangnese participants from divorced families. This study aims to reveal social support in the matrilineal kinship system based on experiences and interpretations as children of divorced families. The main question posed is, “How do participants interpret social support received from members in the matrilineal kinship system such as grandmothers, mother’s siblings, and siblings after parental divorce?” The results reveal two themes, “Paradox in receiving support from the extended maternal family” and “The nuclear family as primary support with different expectations for each member.” The results are discussed in the frame of shifting the role in the matrilineal kinship system in Minang.

This research thoroughly examines the relationship between customary law and Islamic law and how they relate to Mampatangpulo. This type of research is qualitative, and the research location is in Enrekang Duri, where a sociological and phenomenological approach is used. The data in this research comes from primary and secondary data, while the data collection techniques used in this research use observation, interviews, and documentation. Data is processed and analyzed using data reduction techniques, presentation, and conclusion drawing. The results of this research show that the process of implementing the Mampatangpulo Tradition starts from the Sangbonginna, Mangbongi tallu, Mangbongi pitu events and the peak of the Mampatangpulo event after the death of the deceased. In the process of implementing the Mampatangpulo Tradition, several stages of traditional processions are considered sacred and essential to carry out, namely Mangpepellao (Lowering), Mampakande-kande (Feeding), Manggere' beke (Slaughtering a goat). The Mampatangpulo tradition can only be carried out if the procession does not violate Islamic law. According to a review of Islamic law regarding the implementation of the Mampatangpulo tradition, the law is okay when the procession does not violate Islamic law because, in the implementation of the Mampatangpulo tradition that developed in the people of South Sulawesi, there are habits that have positive values. This research also shows a strong relationship between customary law and Islamic law in the Mampatangpulo tradition, such as in the takziah and friendship events. The results of this study confirm that the culture that develops in Indonesian society and globally can be preserved if it does not conflict with Islamic values.

This research discusses the implementation of Islamic Inheritance Law for Muslims in Indonesia, which in its application is still not fully implemented for Muslim heirs. When referring to the Law, Muslim heirs are obliged to divide the inheritance property by Islamic law, but in practice in Indonesia, many heirs still use customary law and civil law (Burgerlijk Wetboek) based on various reasons. The purpose of this research is to find out the implementation of Islamic Inheritance Law for the Muslim Population in Indonesia. This research method uses the Law approach method, which is carried out by analyzing various laws and regulations related to the field of Inheritance Law. Based on the results of the research, Islamic Inheritance Law cannot be implemented in Indonesia for the Muslim population because Indonesian society is still influenced by customary inheritance law, either following the individual-patrilinial, matrilineal or bilateral-collective inheritance system. Apart from the strong influence of tradition or customary law, another obstacle is that Muslims do not fully understand the concept of justice and equality in Islamic inheritance law, especially when it comes to the portion of sons and daughters. It is necessary to formulate a national inheritance law system by taking into account the general principles of inheritance and accommodating each inheritance law system in the country.

The development of Islamic law in Indonesia represents a historical, sociological, and juridical phenomenon that reflects the ongoing interaction between religious norms, customary practices, and the state legal system. Islamic law functions not only as a set of religious norms but also as a moral and philosophical foundation that shapes Indonesia’s social and legal structures. Since the arrival of Islam in the Indonesian archipelago in the 13th century, Islamic law has become an integral part of local society, particularly in family, inheritance, waqf, and commercial matters. Its influence expanded during the era of Islamic kingdoms, where Islamic law served as the foundation of governance and judicial systems, notably in the Sultanates of Aceh, Demak, and Ternate. During the Dutch colonial era, the position of Islamic law faced suppression under the receptie theory, which limited its validity to cases where it was accepted by customary law. This policy subordinated Islamic law to colonial and customary legal systems. Nevertheless, Muslim scholars and jurists persistently defended the relevance of Islamic law within Indonesia’s legal system. After independence, a new perspective known as receptio a contrario emerged, challenging colonial interpretations and affirming that customary law was valid only insofar as it did not contradict Islamic principles. Subsequent efforts focused on integrating Islamic law into the national legal system based on justice, humanity, and social welfare. The enactment of the Compilation of Islamic Law (KHI) in 1991 marked a significant milestone in codifying Islamic law for Indonesian Muslims. Moreover, institutions such as the Supreme Court, the Sharia Courts, and the Ministry of Religious Affairs have strengthened the implementation of Islamic legal principles within the state framework. Contemporary Islamic legal development in Indonesia also includes modern innovations such as fatwas issued by the Indonesian Ulema Council (MUI), Islamic banking regulations, and family law reforms grounded in the principles of maqāṣid al-sharī‘ah. In the modern era, the expansion of Islamic law encompasses broader areas, including finance, environmental law, and public governance. These developments reflect the adaptability and dynamic nature of Islamic law in responding to societal changes. However, challenges remain in harmonizing Sharia principles with Indonesia’s pluralistic legal structure. Therefore, the development of Islamic law must proceed through gradual, systematic, and dialogical processes that uphold justice, public welfare, and the supremacy of law. This study employs a normative-historical and sociological approach with descriptive analysis based on literature, legislation, and scholarly research. The findings reveal that Islamic law in Indonesia is a living and evolving legal system that continuously adapts to social transformations while maintaining its foundational principles of justice and maslahah (public interest). Ultimately, Islamic law contributes significantly to the creation of a national legal system rooted in religious and moral values while reflecting the unique identity of the Indonesian nation

The existence of criminal law is a necessity for a nation to regulate the lives of its citizens. Indonesia is a constitutional state that has experienced a long legal history. Prior to the independence, the Indonesian people were familiar with the customary laws and religious laws of each resident. Customary Law and Islamic Law were jointly obeyed by the people at that time. As a living law, both are the solution for society in facing legal disputes. It is not surprising, then, that besides Positive Law, which is known to originate from Western/Colonial Law, Islamic Law and Customary Law have a higher bargaining position. So that in the establishment of National Law, Islamic Law and Customary Law become material sources for the establishment of a positive law. The formation of national law, therefore, including criminal law, really needs the contribution of Islamic law, in addition to customary and western law. The history of the development of criminal law in Indonesia is colored by Islamic values, because the socialization process of Islamic law is integrated with the development of customs in resolving criminal cases.