Women's Inheritance Rights Research Articles

Pengaruh Hukum Adat Batak Sebagai Sumber dalam Hukum Waris di Indonesia

Inheritance law is a law that regulates the transfer of assets left by a deceased person and its consequences for his heirs. Inheritance law is one element of customary law in Indonesia. The patrilineal principle, in which inheritance prioritizes the male lineage, is upheld in Batak inheritance law. According to Batak customary law, men and women are treated differently. The type of research is normative juridical. The data source is a secondary data source. The nature of the research is descriptive analytical. Data collection techniques are literature studies and document studies. Data analysis uses a qualitative approach method. The purpose of this study is to determine the influence of the Batak customary law system as a source of inheritance law in Indonesia, and to determine the implementation of Batak customary law on inheritance law in Indonesia. The inheritance system in Batak society adheres to the Patrilineal Principle. In this principle, the position and influence of men in Batak customary inheritance law are very strong. According to civil law, inheritance is defined as a set of legal provisions that regulate the general legal consequences in the field of property law arising from a person's death. Based on this theory, it can be concluded that the position of Batak boys and girls in the inheritance distribution system and the application of customary law in the distribution of inheritance for boys and girls is in harmony. The Batak Toba customary inheritance law is the basis for the distribution of inheritance in its unique society. Its teachings that include inheritance flowing through the male line are cassation and dakdanak. According to the Batak Toba inheritance law, this uniqueness gives the status of first heir to the eldest son of the family, thus giving him his own identity. The customary inheritance law system in Indonesia generally tends to follow positive legal norms, although the principle of dakdanak emphasizes more on justice in the distribution of inheritance. However, when the legislation on Batak Toba customary inheritance is included in the framework of affirmative legislation, the situation becomes complicated. The principles of positive law that respect women's inheritance rights, especially those related to inheritance of movable property, conflict with the Batak Toba customary law system which automatically inherits property to sons from the paternal line. Positive law attempts to take this understanding into account, but there are still potential problems due to the fundamental differences between the two legal systems that must be resolved.

From Patrilineal Tradition to Gender Equity: The Evolution of Inheritance Law in Indonesia’s Batak Toba Community

The Batak Toba community in Indonesia, traditionally governed by a patrilineal kinship system, has historically excluded women from inheritance rights. This deeply ingrained custom has perpetuated gender inequality within the community. However, the landscape of inheritance law has undergone significant transformation due to the influence of national legislation and landmark court rulings. This study explores the dynamic evolution of inheritance practices among the Batak Toba, tracing the shift from a patriarchal tradition to a more equitable system that recognizes the rights of women. This research employs a qualitative approach, combining legal analysis with empirical data gathered through interviews and case studies within the Batak Toba community. The study examines customary laws, national legislation, and judicial decisions to understand the legal framework governing inheritance. Additionally, it delves into the lived experiences of individuals within the community to capture the social and cultural dimensions of inheritance practices. The findings reveal a gradual but significant shift in inheritance practices among the Batak Toba. While the patrilineal tradition remains influential, there is growing recognition of women's inheritance rights. This change is attributed to several factors, including increased education, economic empowerment of women, and greater awareness of gender equality principles. The study also highlights the role of legal reforms and judicial activism in challenging discriminatory customary laws and promoting a more inclusive approach to inheritance. The evolution of inheritance law in the Batak Toba community reflects a broader societal transformation towards gender equity. While challenges persist, the study underscores the importance of continued legal reforms, community engagement, and education to ensure the full realization of women's inheritance rights. The findings offer valuable insights for policymakers, legal practitioners, and community leaders working towards a more just and equitable society.

A shift of inheritance tradition in Batak migrant communities in Yogyakarta

This article examines the shift in customary inheritance in the Batak community that migrated to Yogyakarta. Traditionally, among the Batak people, the patrilineal system is a cultural heritage still preserved today. The enactment of the patrilineal system is one of the causes of the unequal position of Batak women's inheritance rights because only men have the right to become heirs. Interaction with people of different ethnicities, customs, and customs in overseas places not only expands the horizons of Batak nomads but also allows them to change their point of view so that leaving the roots of Batak customs will be inevitable. Until now, some Batak nomads still make boys as heirs, but it is undeniable that there is a mixture of heterogeneous communities in overseas areas that can give rise to a shift in the views of Batak nomads so that they become more open, such as accepting women as heirs with different parts. Equalizing the position between men and women through the division of inheritance indicates a shift in Batak inheritance customs that apply in the environment of the migrants. The emergence of the balance of position between men and women in the implementation of inheritance increasingly shows that the non-maintenance of customary rules that do not give inheritance rights to women is not solely preserving the identity of the Batak Toba people overseas. However, it should be suspected as one of the dynamics that emerged in the settlement of heritage by Toba Batak nomads.

Inheritance Rights of Women in Upper Chitral: A Case Study of Tehsil Mastuj (Pakistan)

The following research mainly focuses on the inheritance rights of women in Upper Chitral. In Pakistani society, women are discriminated against and have not always been subjected to decent behavior. Their rights should be addressed in various facets of life, such as when deciding their roles and choosing their marriage partners. This research will look into the religious and constitutional laws regarding inheritance and their implementation; it will give the readers an idea of whether women in Upper Chitral are aware of their rights related to inheritance and if they still need to be made aware. It will also highlight the common causes of their need for more awareness. Further research will elaborate on the patriarchal mindset prevailing in Upper Chitral that is hindering women's independence and growth. A qualitative approach has been used for this research. In-depth interviews were conducted to get the relevant data. Purposive sampling was employed. Primary data has been used for this research. The study found that women in Upper Chitral inherit significantly less than men, limiting their economic opportunities and enhancing the gender gap. Cultural traditions often clash with legal frameworks designed to promote equality. However, there are positive improvements as evolving social norms, increased legal awareness, and community initiatives are challenging these discriminatory practices. Younger generations are more flexible to gender equality. Education empowers women to fight for their inheritance rights. The study recommends a multi-pronged approach that addresses legal reforms, cultural beliefs, and economic empowerment through education and financial literacy.

Kontinuitas tradisi breast ironing dalam komunitas imigran Kamerun di Inggris

The practice of breast ironing is one of many traditions in the world whose practice is based on the mindset that women's sexuality is something that must be controlled. This paper is intended to answer the question that is central to the author's research, namely: "Why do African immigrant communities in the UK continue the tradition of breast ironing when it is so risky?" To understand the context underlying the beliefs and practices of African immigrant women in the UK, the author adopts the ideas of Black African Feminism (BAF) by A La Awa Thiam. BAF argues that the history of colonialism has influenced the reinforcement of patriarchal ideologies and gender dynamics in Africa. BAF seeks to raise issues related to family life such as domestic violence, FGM, early marriage, polygamy, women's reproductive rights, women's inheritance rights, and HIV/AIDS. The continuity of the breast ironing tradition in the Cameroonian immigrant community in the UK is influenced by the socio-cultural context embedded in the community and the unsuccessful cultural adaptation that occurs between the minority community (Cameroonian immigrants) and the dominant community (local community). The efforts that can be made to stop this tradition are to build awareness within the community itself, in this case, the role of civil society organizations and NGOs is crucial.

Reexamination of the Concept of Justice in the Inheritance System: A Study on Women's Inheritance in the Traditional Society of Bali in Lombok, West Nusa Tenggara, Indonesia.

The Hindu inheritance law allows for the possibility of inheritance for female children, though with a reduced share. Interpretations of religious norms are often disregarded in customary legal systems with the argument that Hinduism does not endorse double obligations. The customary inheritance law used by the Hindu community in Lombok, Indonesia, is based on Hindu inheritance laws interpreted according to local customs or village traditions. Different interpretations in each region regarding women's inheritance rights worsen the fulfillment of women's inheritance rights. Therefore, in line with the evolution of jurisprudence towards the fulfillment of women's inheritance rights, such as the shift from patrilineal to parental principles in Islamic inheritance, this study proposes the reexamination of the justice principle in Hindu inheritance law practiced by the Balinese indigenous people in Lombok. This reexamination should consider their unique characteristics and distinguish them from the Hindu community in Bali. As a basis for protecting women's rights in Hindu inheritance law, this becomes crucial for inclusion in a national legal framework.

Between the Devil and the Deep Sea: Tribal Women’s Inheritance Rights in India

In recognition of their distinct culture and identity, tribal communities in India enjoy constitutionally guaranteed autonomy and self-governance, which extend to customary laws for marriage, matrimonial rights and inheritance. In contexts where the tribal customary law has denied women inheritance rights, some women have approached the courts of law. The Hindu law on inheritance specifically excludes tribal communities from its application; yet, courts have found a way to apply it by reasoning that the parties to the case were ‘sufficiently Hinduised’. This article examines Indian judicial responses to this issue, and the ramifications for the inheritance rights of tribal women. The article critiques law’s lack of imagination and inability to capture the complex dynamics of social relationships in tribal communities, in a context of their massive dispossession from tribal lands. While highlighting the distinct relationship of property, community and family in tribal communities, it examines how law could ensure that tribal women retain their tribal identity and yet secure equal inheritance rights, rather than force a trade-off between tribal identity and securing inheritance rights on grounds of ‘sufficient Hinduisation’.

Cultural Paradigms And The Evolution Of Women's Inheritance Rights In Pakistan: A Trajectory Analysis

This paper explores the complex interactions between cultural paradigms and the development of women's inheritance rights in Pakistan and illustrates the historical lineage, legislative reforms, and issues that have impacted the trajectory of women's inheritance rights within the larger framework of Pakistani society with special attention on the legal aspect. The study clarifies the nuanced history of women's inheritance rights in Pakistan by examining the roles played by cultural norms, legal systems, and societal views. Despite being protected by law, the denial of women's inheritance rights continues to be a complex issue that has a negative impact on Pakistan's sociocultural and economic landscape. The systematic exclusion of women from public life in Pakistan results from deeply ingrained patriarchal norms woven into the fabric of traditional and social structures.

Inheritance of women in princely lands from a legal and legal perspective

This study dealt with the inheritance of women in the princely lands from a legal and legal perspective, aiming to identify the nature of this, through the statement of cases of inheritance of women from the legal and legal perspectives, where the concept of inheritance, princely land and the right of movement in these lands was identified, and the statement of the owners of the right of movement, as well as addressing the legal articles that discuss and discuss this and stand on its contents and contents, as it appeared that the beginning of legal legislation has been deprived The daughter from the full use of the princely lands, until the royal orders came in the Ottoman Empire to give girls as boys equally without differentiating between male and female, and this is until Law No. (4) of 1991 AD was issued, which abolished the division contained in the Transition Law, and the princely lands became legally divided after the issuance of this law, as of the date: 16/4/1991 AD, according to the details and readings dealt with in this research.
 Originality: This study provides a unique analysis of women's inheritance rights in princely lands, examining legal and historical perspectives. It traces the evolution of these rights from early marginalization to eventual legal reforms, notably Law No. (4) of 1991. Scrutinizing legal texts and historical contexts, it offers valuable insights into the journey toward gender equality in inheritance practices within princely territories.

Inheritance Rights of Women in Makassar Society: A Study of Living Qur’an and its Implications for Islamic Law

The division of inheritance is one of the main problems in Islamic law. The legal basis for inheritance division refers to the Qur’an and hadith as the sources of law. However, there are different interpretations and practices in society regarding the division of inheritance for women and men. Here, this paper examines the practice of dividing the inheritance of women and men with the living Qur’an approach, and also maps out the forms of reception that occur in society and its implications for Islamic law. This qualitative study used the living Qur’an approach and collected the data by means of literature review and in-depth interview in three areas, namely Makassar City, Gowa and Bulukumba. The results of the study revealed that the people of Makassar have always divided inheritance based on the legal sources combined with customary law (adak). In this context, the community reception is grouped into three: first, the community that gives women the inheritance rights in accordance with the text in the Islamic law of a 2: 1 ratio (2 for male and 1 for female); second, the community that divides the inheritance through musyawarah (deliberation) and mufakat (consensus); and third, the community who carries out the inheritance settlement in court. In this case, however, the community tends to settle more through musyawarah and mufakat based on their customs and habits to maintain family integrity. This is because women are positioned with respect, while family problems including inheritance are part of siri' (shame). The division of inheritance to women from the point of view of the living Qur’an has an implication for flexible Islamic law as there is an integration of traditional Islamic teachings and culture within society.

Intergenerational reforms in women’s right to inheritance in India

The evolution after the Hindu Code Bill, women's property ownership in India has improved. Women's position in old custom and their evolution in modern law from the colonial period to the Hindu Code Bill are the study's main focus areas. In ancient legal codes, such as Dharmashastras, Manusmriti, and Arthashastra, women were denied property rights and she always is dependent on their father, husband, or son. As per our constitution, every human being has the right to equitable treatment. Equal property rights for men and women are important for reducing the gender gap, to empower women in order to promote social and economic development and to ensure gender and social justice within the framework of Personal Laws and inform women about the areas of legislation that are most likely to affect and enhance their lives. So the focus of the article is on women's inheritance rights in old Indian laws and their development in modern laws with help of international conventions. As the status of women in India improves economically and socially, there is a need for more development and a single or uniform property rights for every sect of Indian females.

Hak Waris Perempuan dalam Adat Batak Pasca Berlakunya Yurisprudensi MA No. 03/Yur/Pdt/2018

National law is developed and adopted through existing laws in society to ensure that the applicable laws in Indonesia are in accordance with the interests and are intended to accommodate the multicultural conditions of Indonesia. This causes plurality in inheritance law in Indonesia because of the condition of Indonesia which has a variety of cultures. One of the people who live in Indonesia is the Batak community. The Batak community adheres to a patrilineal system. The patrilineal system is a system that still refers to gender differences where the legal heirs are male and female heirs who are only considered as 'enjoyers' of their husband's property. This means that the practice that only boys have the right to become heirs has been going on for generations among the Batak people and women are not entitled to family inheritance. However, with the enactment of Jurisprudence No. 03/Yur/Pdt/2018, this patrilineal practice is threatened with change. This is because the jurisprudence raises the issue of equal rights between men and women. Both are seen as equal in the eyes of the law and have a strong <em>legal standing </em>to claim and obtain inheritance. Therefore, this study aims to determine the inheritance rights of women in Batak customs after the enactment of Jurisprudence No. 03/Yur/Pdt/2018. This research is a descriptive analytical research. The author attempts to describe and provide an overview of the inheritance rights of women in Batak customs after the enactment of Jurisprudence No. 03/Yur/Pdt/2018 by examining the data obtained through literature studies originating from primary, secondary, and tertiary legal sources. The results of this study indicate that customary law in the Batak community has developed towards granting equal rights between girls and boys in relation to being the heirs or successors of the family.

A Sociological Analysis Of The Relationship Between Inheritance Rights Of Females And Domestic Violence In District Bhakkar

Domestic violence is one of the serious crimes against women which are associated with their disadvantageous position in society. Women are prone to suffer multiple forms of this maltreatment such as social, verbal, emotional, economic, or physical violence due to different factors. The present study, based on primary data which was collected from District Bhakakr of Pakistan, deals with the relationship between domestic violence and inheritance rights of women. Data were collected from 150 respondents using a convenient sampling technique with the help of an interview schedule and analyzed through descriptive and inferential statistics using SPSS software. The data indicated that females are suffering domestic violence due to rights of inheritance in a sense that only 20.7 percent of respondents’ families are willing to give the inheritance share to their daughters and 56.7 percent of respondents are forced by their in-laws to get their part of the inheritance from their family. It has been found that 45.3 percent of females suffer domestic violence due to inheritance rights and 63.3 percent of respondents are suffering economic violence in addition to facing unfair and cruel comments by their in-laws. The present study confirms a strong relationship between female rights of inheritance and domestic violence.

The dynamics of customary inheritance law from the perspective of gender equality in Klungkung District-Bali

The current development and reform in society and government at the local and national levels have made customary law less strict than before. These developments influence also the inheritances law based on customary law. Inheritance disputes or their unequal distributions impacted the marginalization of certain groups, such as women or girls. There has been a shift in the opinion among society regarding women's inequality related to access to inheritance. Several developments of the notion of gender equality have been and are being stipulated in laws and regulations. The gender dimension interacts with other social values in society, and it is related to the social structure as a whole. This research aims to shed a light on the dynamics of customary inheritance law in terms of women's inheritance rights with the perspective of gender equality in Klungkung, Bali. The issues that will be explored are related to the inheritance law focusing on access to civil rights, i.e. women's inheritance rights, after the Decision of Bali MUDP Number 01/Kep/Psm-3/MDP Bali/X/2010 and the Supreme Court Jurisprudence Number 3/Yur/Pdt/2018 was issued. This study was conducted through juridical and sociological methods. From the sociological perspective of gender based on the critical paradigm, the power relations based on gender and social reality among women and men can be analyzed. The gender relations according to the sociological analysis are not only the social relations among women and men but also the power relations in social life. Primary data was collected using interviews and observations in 3 (three) sub-districts in Klungkung, Bali, and secondary data was obtained through a literature review of gender and customary inheritance law.

Causal Factor behind Female Discrimination Practices regarding


 
 Inheritance is the practice that refers to the passing of property to those who are entitled to succeed after the death of possessor and the successor can transmit it to another as his heir. The practice of inheritance is lined by different customs and traditions. Distribution of property is indicated as a major problem since the dawn of man because it can generate injustice or discrimination at the broader patterns. Present study was based on qualitative research which was conducted in Quetta city the capital of Baluchistan. The adopted sample method was purposive sampling and the sample size was 34, which included 20 in depth interviews, 2 focus group discussions (FGDs) consisted of 6 to 7 female members. In current study the researcher was concerned to know about the female discrimination practices regarding inheritance at global level special in Pakistan. Finding of the investigation revealed that women inheritance rights were discriminated due to backward cultural practices and illiteracy was the main reason of determining people’s attitude plus denying women’s share in legacy. Women who were disinherited faced prodigious social and economic hardships. In present study different themes were drawn from the collected data such as causes of female discrimination in inheritance from Quetta city of Pakistan, dowry as compensation for bequest, which had further sub-themes. Giving more preference to male in inheritance resulted in discriminatory practices against women. Existing study recommend that the state’s prescribed rules and strategies should strongly support gender equity and implement the laws effectively, moreover they must guarantee that equal share in inheritance is given to men and women. Legislation should stop the practices and traditional laws that are against of women’s rights and promote women education, because women empowerment play a vigorous role in the development of any society at global level specially in Pakistan.
 
 
 
 

Keberadaan Keputusan Majelis Utama Desa Pakraman Bali (MUDP) Bali No. 01/Kep/Psm-3/MDP Bali/X/2010 di Desa Adat Lambing

Inheritance in Bali adheres to the Patrilineal principle where men have the right to inherit while women do not have the right to inherit. However, the Main Council of Pakraman Village (MUDP) Bali made a new breakthrough in which Balinese women can inherit. The purpose of this study is to describe the position of women's inheritance rights based on customary inheritance law in Bali and to describe the existence of the Bali Pakraman Village Main Council Decree (MUDP) No.01 / Kep / Psm-3 / MDP Bali / X / 2010 in Lambing Traditional Village. This study used an empirical research method by presenting data qualitatively. The results of the study stated that in the awig-awig of the traditional village of Lambing, the position of women was not as heirs. Meanwhile, the implementation of the decision of Pesamuhan Agung III of the Main Assembly of Pakraman Village has not been fully implemented. Lack of socialization and the enactment of awig-awig as a binding rule have resulted in the inability to implement this decision.

LEGAL INHERITANCE IN UKRAINIAN SOCIETY IN X–XVII CENTURY

In this article the essence of the institution of legal inheritance in the Ukrainian society of the X–XVII centuries is established. It is proposed to distinguish three stages of the development of this institution. In the X–XII centuries legal inheritance was regulated by barbaric consuetudinary law, since the XI century it was fixed in Russka Pravda. The heirs were the sons of the deceased; daughters got a share of parental property in the form of a dowry. The widow had the right to dispose of the property, but until she remarried. The property of persons who did not have sons was considered to be extortionate and was passed to the prince. Inheritance by will actually coincided with legal inheritance in terms of the circle of heirs. In the XIII – early XVI century hereditary relations were regulated by the rules of feudal law, fixed both in written law and in legal customs. The circle of legal heirs was expanded, daughters were allowed to inherit as well as sons, but all landowners were obliged to ensure military service from the estates. If there were no children, other relatives and a widow could inherit. The property of persons who had no relatives was considered extortionate and was passed to the prince. In the late XVI and XVII century the feudal law, including hereditary, was transformed into early modern. The institution of legal inheritance became more complicated and consisted of the rules of written and consuetudinary law, its formation was also influenced by legal practice. As a result, there was a certain dualism of inheritance by law: the practice was not the same for the privileged classes and the common population. Among the social elite, along with the recognition of women's inheritance rights, the restrictions on the inheritance of parental property by married women were deleted, and the inheritance rights of other relatives were expanded. The unprivileged urban and rural population in the practice of legal inheritance used archaic norms of consuetudinary law, which were formed in previous periods.

GENDER PREFERENCE IN CUSTOMARY INHERITANCE LAWS OF THE KHASI TRIBE IN INDIA- MYTH OR FACT?

Justice is premised on the idea of equality before law, equal protection of law as well as equality of opportunity in social, economic and political spheres. Any form of discrimination on any ground is antithesis to the concept of equality and justice. The root cause of women’s subjugation is her economic dependence and as long as the same is not remedied,, attaining equality of the sexes is a utopian thought. A variety of different laws related to intestate and testamentary succession in India are in vogue, which owe their variety to their origin, principles and the body of substantive law itself. Broadly speaking, people professing different religions live in India who has their distinct personal laws. Besides, the Scheduled Tribes in India are also governed by their distinct customary uncodified laws of inheritance and enjoy constitutional protection for the same. There are several tribes in north-east India who are governed by their own customary laws in all matters including that related to inheritance as well and a preliminary study of the same evidences the fact that they are not egalitarian in nature and are in fact bereft of the notion of providing equal rights to women. However, the customary inheritance laws of Khasis tend to create a perception that they tend to prefer females over males owing largely to the matrilineal nature of the Khasi tribe Although a cursory glance seems to validate the said notion, a more in-depth look at the laws shatters the myth. In the light of the aforestated background, the paper aims at making an analytical study of the inheritance rights of women under the Khasi customary laws and gauge the effects of the existence of matriliny in case of Khasis to check the veracity of the claim of the preference for the female gender in matters of inheritance.

Francisco de Osuna's "Norte de los estados" in Modernized Spanish: A Practical Guide to Conjugal Life in Sixteenth-Century Europe ed. by Dana Bultman

Reviewed by: Francisco de Osuna's "Norte de los estados" in Modernized Spanish: A Practical Guide to Conjugal Life in Sixteenth-Century Europe ed. by Dana Bultman Elizabeth Rhodes Francisco de Osuna's "Norte de los estados" in Modernized Spanish: A Practical Guide to Conjugal Life in Sixteenth-Century Europe. Edited by Dana Bultman. AMSTERDAM UP / ARC HUMANITIES P, 2019. 360 PP. FRANCISCO DE OSUNA (1492?–1540) was one of several Observant Franciscans who codified their practice of recogimiento, a method of intense self-discipline and affective prayer. He is most known as the author of Tercer abecedario espiritual (1527), the book that Teresa de Ávila identified as her spiritual primer. Dana Bultman here presents another of his prescriptive texts, Norte de los estados, a guide to mid-sixteenth-century Catholic morality for secular men as defined by the male Catholic establishment that Osuna represents. The text is in the form of a dialogue between the author and the character Villaseñor, who stands "en persona de todo mancebo Cristiano" (76). Composed in Spanish, the treatise was first published in 1531 and appeared only twice again, in 1541 and 1550. Bultman attributes the book's failure to endure to its author's endorsement of relatively liberal views about marital behavior, views censored in Spain in the late 1500s. The fact that the author expresses overt support of the Franciscan nun Magdalena de la Cruz (1487–1560) in his treatise was perhaps another reason why his book met with limited publishing success, since Magdalena, who claimed to have had revelations and the stigmata, was discredited in 1546. The map of Francisco de Osuna's travels with which the book opens provides evidence of his itinerant life, which traced a triangle whose far points are Santiago de Compostela, Tripoli, and Antwerp. Opening her sixty-one-page introduction, Bultman provides a synopsis of the author's life and influence, detailing his military career, his subsequent education, and his residence in the spiritual hotbed in Escalona (Toledo) from 1526–28, where illuminists mingled with other reform-minded types such as Juan de Valdés (1509–41). Bultman follows a helpful review of other scholarly readings of the text with a detailed summary of its contents, but readers should not use that summary as an excuse to skip the text itself. In her introduction, she notes that Francisco de Osuna relied on Church fathers for many of his ideas, often [End Page 151] glossing Augustine's On the Good of Marriage and On Holy Virginity. Bultman characterizes the treatise as a reformist Catholic response to Protestantism for its emphasis on the sacramental nature of marriage and points to the author's high regard for monastic virtues such as chastity. I am less convinced than she that "Osuna's model of marriage was well outside the views that were later to become dominant in the Catholic Church" (2). His defense of women's inheritance rights and their subject status in the context of certain activities, such as their control of the household, might be considered moderately liberal. However, since Luis de León's La perfecta casada of 1583 takes a similar position on those topics, it is not clear that Osuna's ideas about marriage were later repressed, and cautious readers might not affirm their liberal slant in the first place. Although he defines the house as the wife's domain, he also states that her husband has the right to beat her behind its closed doors. More convincing is Bultman's insistence on the importance of monastic morality that clergymen such as Francisco de Osuna attempted to impose on secular Catholics, noting not only the twelve-chapter rulebook for married couples in the text, chapters that mimic those of the Franciscan rule itself, but also the text's insistence on the analogy of the married state to other sacred relationships, such as that of Christ to the Church. A two-page list of chapters precedes the edited text, making it easy to identify the embedded nondialogic sections, which, being long, anagogical lectures, make for slow reading. Those include a sermon for weddings, a rulebook for the good marriage, a sermon against adultery, a sermon...

Hak Waris Anak Perempuan di Cimanuk (Antara Kompilasi Hukum Islam dan Penetapan Pengadilan Agama Nomor 69/Pdt.P/2013/Pdlg)

This research was to explore the importance of the inheritance rights of women towards the inheritance rights of deceased brothers who were applied in the Pandeglang district, Banten. The object of this research is inheritance law in the Islamic Law Compilation. The secondary source of this research is the Religious Court Decision Number 69/Pdt.P/2013/PA.Pdlg. The interviews related to this research were conducted in Cimanuk sub-district, Pandeglang district. This research is a collaborative research of library and field research which is qualitative model. The collected data is processed by selecting and classifying data. Then the data is analyzed by comparing and interpreting. This study found that in general, the Cimanuk ulama or community leaders gave the asabah (remaining assets) portion to deceased brothers or sisters, both siblings and brothers who inherited along with the daughters. However, there are also those who argue that a brother or sister, both siblings and a father is veiled by a daughter, so that they do not get part of the inheritance inheritance. It was also found that in principle the determination had been made by the people of Cimanuk sub-district. The conclusion of this study is the provisions in the Pandeglang Religious Court Decision Number 69/Pdt.P/2013/PA.Pdlg. November 7 th , 2013 shows the difference with the provisions in the Islamic Law Compilation. KHI has a stipulation that girls do not prevent (hijab) their brothers,inheritance right, while the Religious Court rulings show that girls can obstruct the inheritance rights of brothers.