CONTROVERSY OVER JAVANESE CUSTOMARY INHERITANCE PRACTICES IN KANIGORO BLITAR SUB-DISTRICT FROM THE PERSPECTIVE OF RELIGIOUS MODERATION

Abstract

The practice of customary inheritance from the perspective of religious moderation is an interesting issue to be discussed. Some parties perceive that the division of inheritance in Islamic law is considered not to be fairly evenly distributed. The aim of this research is to measure how big the influence of religious moderation is on the development of Javanese traditional inheritance law, especially in Kanigoro sub-district, Blitar district. This research uses empirical legal research methods, methods that use empirical facts from human behavior, which can be verbal behavior that can be observed directly, and in this context chooses a conceptual approach. Next, the researcher uses fiqhiyyah rules as an effort to harmonize Islamic legal culture. The results of this research show that Javanese traditional inheritance practices in Kanigoro Blitar sub-district are influenced by several factors such as religion, culture or custom, as well as state law. And this controversy is mostly based on individual needs in the family, so that inheritance is divided equally between women and men. To avoid hostility and build harmony between families.