NEGOTIATING FARAID, HIBAH, AND CUSTOM: LIFETIME PROPERTY TRANSFERS AMONG JAVANESE MUSLIMS IN KARANG TENGAH VILLAGE

Abstract

This study examines the practice of inheritance distribution in the Javanese Muslim community in Karang Tengah Village, Imogiri District, Bantul Regency, which empirically does not fully follow the provisions of faraid even though it is in an environment with strong Islamic and religious influence. The study aims to describe the pattern of distribution of customary heritage and analyze it through the perspective of the sociology of Islamic law. This study uses a descriptive qualitative approach with an empirical juridical approach and a constructivist paradigm. Data were obtained through observation, semi-structured interviews with purposively selected customary, religious, and community leaders, as well as documentation. The data were analyzed using the interactive model of Miles and Huberman. The findings showed that the distribution of inheritance was carried out since the heir was still alive through a deliberative grant which was locally called dicungke and formalized through customary procedures. The pattern of distribution has shifted from sepikul segendongan (2:1) to dum dil (1:1), accompanied by recognition of hanging property for heirs who take care of their parents. This practice is understood as a form of social ijtihad to prevent family conflicts and realize maslahah. The findings confirm that Islamic inheritance law at the local level is a living law that continues to negotiate with socio-cultural structures. This study provides empirical and conceptual contributions regarding deliberative grants as a preventive strategy in the practice of inheritance in the Javanese Muslim community.