Universitas Islam Negeri Alauddin Makassar Proceedings, The 1st International Conference on Science and Islamic Studies (ICOSIS-2023)

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The value of justice in the customary law of inheritance of the moi tribe between male heirs and female heirs in Sorong city: the perspective of maslahah
Muhammad Asykur Muchtar, Abd. Qadir Gassing, Sabri Samin, Muhammad Shuhufi

Last modified: 2023-09-05

Abstract


Allah Subhanahu Wa Ta’ala revealed Islam with the banner of justice, which, before Islam came, was very difficult to obtain. Islam has determined the shares for heirs very regularly and moderately. However, the distribution of inheritance often causes disputes between heirs and relatives. This research intends to reveal the value of justice in the customary law of inheritance of the Moi tribe in Sorong City by proposing three objectives, namely: (1) to describe the thinking of the Moi indigenous people about the value of justice in the Moi customary law of inheritance; (2) to describe the value of justice in the Moi customary law of inheritance between male and female heirs; (3) to analyse the benefits of the value of justice, especially for female heirs in the Moi customary law of inheritance in Sorong City. This research was conducted in a descriptive qualitative manner with a deductive procedure line of thought sourced from primary and secondary data using several approaches: shar'i, juridical, sociological, historical, and philosophical. Through data collection techniques of interviews, observation, and documentation with processing and analysis through reduction, presentation, and conclusion drawing obtained from the research results. First, Moi customary inheritance law in Sorong City has fulfilled the value of justice in the Moi indigenous community as long as it upholds the five fundamental rights in Moi customary inheritance law. Second, the value of justice in the Moi customary law of inheritance is not by Islamic inheritance law because it is distributed based on the discretion of the eldest son in the family. Third, the value of the justice of the customary law of inheritance of the Moi tribe in Sorong city has not been by maslahah because it distinguishes the rights between male heirs and female heirs. The maslahah in the Moi customary law of inheritance is included in maslahah mulghah, which is maslahah not by the guidance of the text and shar'i. This kind of benefit cannot be used as a legal basis, according to the agreement of the scholars.


Keywords


Value of justice; moi tribe inheritance; maslahah perspective

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