Compromising Paradigm in the Dialectic of Islamic Civil Law and Customary Law in Central Kalimantan

This study aims to describe Islamic family law, Sharia economic law, and customary law in marriage and inheritance practices in Central Kalimantan. This study uses a descriptive qualitative approach with literature studies and normative-sociological studies. The research data sources consist of legislation, the Compilation of Islamic Law (KHI), Islamic economic law literature, and Dayak and Malay customary law documents. Data analysis is interpretative. The results of the study show that the three legal systems interact dynamically. In marriage, Islamic law emphasizes the pillars and requirements of sharia. Meanwhile, Dayak customs add rituals and marriage expenses. This integration becomes both religious and social legitimacy. In inheritance, Islamic law rigidly regulates distribution according to the Qur'an. Meanwhile, customary law emphasizes deliberation and equality. In this context, Sharia economic law provides room for grants or wills. This study emphasizes that the practice of Islamic civil law in Indonesia can be dynamic and contextual even in the midst of existing social, cultural, and state norms.

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Publication Details

Journal
Tatho
Published
2025-09-22
DOI
https://doi.org/10.70512/tatho.v2i4.146
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Compromising Paradigm in the Dialectic of Islamic Civil Law and Customary Law in Central Kalimantan

Ardi Akbar Tanjung, Adib Susilo, Ariyadi Ariyadi, Muhammad Dlaifurrahman
Tatho
Legal Studies and Policies
article

Compromising Paradigm in the Dialectic of Islamic Civil Law and Customary Law in Central Kalimantan

Ardi Akbar Tanjung, Adib Susilo, Ariyadi Ariyadi, Muhammad Dlaifurrahman
article en

Abstract

This study aims to describe Islamic family law, Sharia economic law, and customary law in marriage and inheritance practices in Central Kalimantan. This study uses a descriptive qualitative approach with literature studies and normative-sociological studies. The research data sources consist of legislation, the Compilation of Islamic Law (KHI), Islamic economic law literature, and Dayak and Malay customary law documents. Data analysis is interpretative. The results of the study show that the three legal systems interact dynamically. In marriage, Islamic law emphasizes the pillars and requirements of sharia. Meanwhile, Dayak customs add rituals and marriage expenses. This integration becomes both religious and social legitimacy. In inheritance, Islamic law rigidly regulates distribution according to the Qur'an. Meanwhile, customary law emphasizes deliberation and equality. In this context, Sharia economic law provides room for grants or wills. This study emphasizes that the practice of Islamic civil law in Indonesia can be dynamic and contextual even in the midst of existing social, cultural, and state norms.

Tatho
University of Palangka Raya (ID), International Islamic University Malaysia (MY), Universitas Muhammadiyah Palangkaraya (ID), Universitas Islam Negeri Sumatera Utara (ID)
Openalex Percentile: Top 60%
Legal Studies and Policies
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Compromising Paradigm in the Dialectic of Islamic Civil Law and Customary Law in Central Kalimantan — Ardi Akbar Tanjung, Adib Susilo, et al. · Tatho (2025) | TGRS Research Map | TGRS