ANALISIS PEMBAGIAN WARISAN DI DESA KALIKUR KECAMATAN BUYASURI KABUPATEN LEMBATA-NTT DALAM PERSPEKTIF GENDER DAN HUKUM ISLAM

Abstract

This study aims to analyze the inheritance distribution system in Kalikur Village, Buyasuri District, Lembata Regency, East Nusa Tenggara, from the perspectives of Islamic law and gender. The background of this research is the persistence of the patrilineal customary inheritance system, which prioritizes male heirs while often marginalizing women. This creates gender inequality and contradicts Islamic inheritance law, which explicitly grants inheritance rights to both men and women.
This research employs a qualitative approach with field research methods. Data were collected through interviews with traditional leaders, religious leaders, village officials, and heirs; direct observation; and documentation. The data were analyzed using data reduction, data presentation, and conclusion drawing techniques, with triangulation of sources and methods to ensure validity. The findings reveal that inheritance distribution in Kalikur Village predominantly follows the patrilineal customary law system. Sons are prioritized as heirs, while daughters only receive gifts at marriage or voluntary assistance. From the perspective of Islamic law, this practice contradicts the faraidh provisions in the Qur’an (Q.S. An-Nisa: 11, 12, 7), which affirm inheritance rights for both male and female heirs. From the gender perspective, this reflects systemic discrimination against women. However, there is a growing trend among the younger generation to question the fairness of such customary practices. This study recommends more intensive dissemination of Islamic inheritance law, strengthening of gender justice awareness in the Islamic perspective, and dialogue between traditional and religious leaders to achieve fair and harmonious inheritance distribution.

Keywords: Inheritance Law, Customary Law, Islamic Law, Gender, Kalikur Village