Contradiction Implications of the Receptie a Contrario Theory in Minangkabau Inheritance

This research explores the application of the receptie a contrario theory in its implementation in the inheritance law of the Minangkabau customary society. This research is a normative juridical research with conceptual and philosophical approaches. Data source analysis is conducted on primary legal materials in the form of expert interviews and laws and regulations, and secondary legal materials in the form of research results on Islamic law and customary law. Based on the research results, it can be concluded that the theory of receptie a contrario still applies to inheritance issues in Minangkabau. Although the Minangkabau people are famous for their adherence to customs, they consider breaking customs shameful. However, the Minangkabau community has explicitly stated that their customary inheritance law refers to Islamic inheritance law by recognizing that children and wives are heirs of their parents/husbands. In contrast, previously, the customary heirs recognized were nieces (kemenakan). This research confirms that the application of the receptie a contrario theory still applies to inheritance issues in Minangkabau. In addition, it also contributes to explaining to the broader community that inheritance in Minangkabau, although it adheres to matrilineal kinship lines, has implemented Islamic law.

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Publication Details

Journal
Justicia Islamica
Published
2024-11-06
DOI
https://doi.org/10.21154/justicia.v21i2.8859
Citations
1
Primary Topic
Islamic Finance and Communication
Type
article
Field-Weighted Citation Impact
1.13
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article

Contradiction Implications of the Receptie a Contrario Theory in Minangkabau Inheritance

Deviana Yuanitasari, Muhammadafeefee Assalihee, Dede Mulyanto, Hazar Kusmayanti
1 citations
Justicia Islamica
Islamic Finance and Communication
1.13
article

Contradiction Implications of the Receptie a Contrario Theory in Minangkabau Inheritance

Deviana Yuanitasari, Muhammadafeefee Assalihee, Dede Mulyanto, Hazar Kusmayanti
article en
1 citations

Abstract

This research explores the application of the receptie a contrario theory in its implementation in the inheritance law of the Minangkabau customary society. This research is a normative juridical research with conceptual and philosophical approaches. Data source analysis is conducted on primary legal materials in the form of expert interviews and laws and regulations, and secondary legal materials in the form of research results on Islamic law and customary law. Based on the research results, it can be concluded that the theory of receptie a contrario still applies to inheritance issues in Minangkabau. Although the Minangkabau people are famous for their adherence to customs, they consider breaking customs shameful. However, the Minangkabau community has explicitly stated that their customary inheritance law refers to Islamic inheritance law by recognizing that children and wives are heirs of their parents/husbands. In contrast, previously, the customary heirs recognized were nieces (kemenakan). This research confirms that the application of the receptie a contrario theory still applies to inheritance issues in Minangkabau. In addition, it also contributes to explaining to the broader community that inheritance in Minangkabau, although it adheres to matrilineal kinship lines, has implemented Islamic law.

Justicia IslamicaVol. 21(2)
Prince of Songkla University (TH), Padjadjaran University (ID)
Openalex Percentile: Top 14%
Islamic Finance and Communication
1.13
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