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The Practice of Sharing Inheritance in the Pusake Tradition in Central Lombok

. Abdullah and Hijrah


Abstract

Inheritance law in Indonesia, which is pluralistic, has given rise to diversity which affects the implementation of inheritance practices, such as the matrilinear system, which greatly benefits women, and the patrilinear system, which benefits men. Even women tend to get nothing. This study aims to determine the inheritance distribution system in the pusake tradition in Central Lombok, which is studied from the perspective of Islamic law and customary law. A qualitative approach with the methods of observation, interviews, and documentation is used to examine the heritage traditions in the community. The results of the study indicate that the Pusake tradition is intended as a step towards restoring women's rights in Central Lombok. The Pusake tradition is a system of division of property based on lineage, in the sense of a father's property for sons and a mother's property for daughters. The pattern of distribution of Pusake based on lineage is carried out before the heir dies, which is divided equally by deliberation. As a tradition, this system still leaves a potential for conflict, so an integration effort between Islamic law and customary law is needed on two things, namely the source of property and the amount of property received.

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Index Terms- Inheritance, Pusake, Legal Integration

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