Model Pembagian Waris dalam Keluarga Karir
(Studi Fenomenologi atas Persepsi Masyarakat Kabupaten Madiun)
DOI:
https://doi.org/10.21154/mutaallimuna.v1i2.5353Abstract
The distribution of inheritance in the Madiun Regency community shows a diversity of practices influenced by religious values, local culture, and social relations within the family. Although Islamic law (faraid) has clearly regulated the provisions for the distribution of inheritance, in social reality, many families choose to adjust the distribution by considering harmony, deliberation, and justice that are understood contextually. Amidst the shift in values and structures of the modern family, society forms its own meaning of justice in the distribution of inheritance. However, the distribution of inheritance is sensitive in the family environment, the resolution of the distribution of inheritance in the Madiun community seems to have reached a climax of disputes that end up in court.
This study uses a qualitative approach with a phenomenological method to understand the subjective experiences of the community in carrying out the practice of inheritance distribution. Data were collected through in-depth interviews with several families in Madiun Regency, as well as observations of the dynamics of family deliberation and decision-making processes. The analysis was carried out by interpreting the meaning formed through the experiences, feelings, and views of individuals and families in their respective social and cultural contexts.
The results of the study indicate that there are three main models of inheritance distribution that are practiced: the faraid model (KHI), the deliberation model (custom/family agreement), and the testator's will model. Each model has advantages and challenges, depending on the family context. Madiun society in general prioritizes social justice and harmonious family relationships rather than absolute compliance with normative rules. that inheritance practices in Madiun are the result of negotiations between normative religious values and social realities that live in the daily lives of society.
