The Accommodation of Customary Law to Islamic Law: Distribution of Inheritance in Aceh from a Pluralism Perspectives
DOI : DOI: 10.22373/sjhk.v7i2.15650
Date : 28 May 2023
With the emergence ofÃÂ receptieÃÂ theory, there was a conflict between customary laws and Islamic law in the past, resulting in a protracted systemic conflict. However, the opposite occurs in the context of legal practices in Aceh, namely the accommodation of the two legal systems. This study aims to elucidate the incorporation of customary laws in Islamic law as it pertains to inheritance issues in Aceh. This study analyzes empirical legal research through the lens of legal pluralism. The data was gathered through in-depth interviews and literature reviews. This study found that various inheritance-related cases involving substitute successors, joint assets, heirs of different religions, and obligatory wills for adopted children are examples of how Islamic law accommodates customary laws. The two factors responsible for the accommodation ofÃÂ adatÃÂ in Islamic law are the nature of the law, which is dynamic, elastic, and flexible, and the sociological condition and personality of the Acehnese, which support this integration. Moreover, this accommodation has a positive impact on the lives of people so that the maintenance and observance ofÃÂ adatÃÂ or customs become firmer, the law functions as social control and Islamic law is cultivated in society.ÃÂ Theoretically, in theÃÂ contextÃÂ of legalÃÂ pluralism,ÃÂ accommodationÃÂ betweenÃÂ adatÃÂ inÃÂ IslamicÃÂ lawÃÂ createsÃÂ aÃÂ spaceÃÂ forÃÂ harmonizationÃÂ asÃÂ theÃÂ mainÃÂ goalÃÂ ofÃÂ thisÃÂ theory,ÃÂ not the theory of receptieÃÂ whichÃÂ givesÃÂ birthÃÂ toÃÂ conflictsÃÂ and ÃÂ conflictsÃÂ betweenÃÂ legalÃÂ systems.