Wealth Distribution among Sasak Communities Through Inheritance: A Quest for Justice

: This research describes the study of economic justice in the distribution of inheritance among the Sasak people, Lombok Indonesia. Economic justice is a value championed in the study of Islamic business law (al-fiqh al-muāmalah) by considering the traditions, national laws, and other laws that live in society. Economic distribution justice is the main spirit of economic equality, one of which is through inheritance, which is also part of the maqāṣid al-sharī'ah value, namely hifz al-māl . This sociological research was conducted in several villages on Lombok Island: Sade, Bayan, Penujak, Teruwai, Pancor, and Aikmel. Data was collected through interviews, documentation, and observation of the community's perception, knowledge, and practice of inheritance. In this study, it was found that the Sasak community prioritizes customary law, by considering Islamic law as a balance of justice. National law is only a last option when there is no way for dialog and discussion among the heirs. Sasak customary law, which is dominated by a patriarchal system, positions women lower than men. The presence of Islamic law opens the opportunity for women to enjoy economic justice (distribution). National law is used as an option when disputes and disagreements between heirs exist.


Introduction
The essence of economic activity is welfare, which is realized through the distribution of wealth.In Islam, distributive justice is regulated through the instruments of zakat, waqf, hibah, sadaqah, will, and inheritance. 1All of the above instruments aim for equity, i.e.capital ownership, production, and purchasing power. 2 Inheritance as part of the study of al-fiqh al-muāmalah, places everyone to get inheritance rights in accordance with kinship relationships in the family. 3The main offering of the sharī'ah (Islamic law) in the field of al-fiqh almuāmalah is maṣlaḥah which is equivalent to welfare. 4 Theoretically, maṣlaḥah 1629 was based on al-'urf (custom), which often differs from place to place, changes with the times, and also affects the value of maṣlaḥah.Based on this, al-Thūfī concludes that maṣlaḥah is the main reason for changing the law. 5n the study of Islamic law, maṣlaḥah is synonymous with justice.Law, regardless of its system, has always been developed based on the idealism of promoting justice. 6The fair behavior is subjective-temporal; it is bound by time and space. 7In the field of inheritance, for example, the people of the archipelago with thousands of tribes in it, have diverse and unique rules in the inheritance system.For each tribe, it is justice that must be carried out. 8The interaction of some of the archipelago's customary inheritance laws with Islam has shifted the value of justice in the customary inheritance system.This fact is recorded in the Minang proverb that states adat basandi syara' syara' basandi kitabullah as evidence of dialogue and recognition of customary law over the Islamic law.In several Islamic sultanates of the archipelago, hadat institutions and shara institutions were found in the government system as a symbol of the applicability of Islamic law in the sultanate system. 9The presence of Islam does not in any way interfere with the existence of customary law, on the contrary, it strengthens each other.
Both customary law and Islamic law are considered by many scholars as systems that support patriarchy, with the issue of polygamy, 10 witnesses, and 1630 inheritance. 11Therefore, it is viewed by some as not providing justice.Based on this, a national law was prepared to facilitate the Indonesian people in seeking justice in the field of inheritance.Thus, in the field of inheritance there are three models of case law settlement offered to the Indonesian people, namely; customary law, Islamic law, and national law. 12The three laws are optional, and it is up to the people to decide which law is assumed to provide a sense of justice in accordance with the prevailing system in society.Customary law based on personal authority, and the state must guarantee legal certainty for citizens through institutional authority. 13Laws should ideally recognize the global developments issues that include the human rights, equality of rights and obligations before the law, and gender equality. 14Justice is a value, which in human history is influenced by the system that is surround it.Law as an important instrument in the realization of justice for society must remain in connection with the reality and sub-systems that surround it.
Based on the description above, this article elaborates on the wealth distribution through inheritance in the context of business development and family existence 15 in Sasak society as an instrument to strengthen the family economy (hifz al-māl) and the sustainability of generations (hifz al-nasl).The dialectic of Islamic, customary, and national law in the distribution of wealth among the Sasak people is the focus of the description in this article.

Wealth Distribution among Sasak Through Inheritance: Customary Law Based
The kinship systems in tribal cultures in Indonesia are patrineal, matrineal and bilateral.Minangkabau is a tribe that adheres to a matrineal kinship system, where women (niniq-mamaq) are the decision-makers in the family.In terms of inheritance, the matrineal kinship system usually prioritizes the inheritance rights of women over the rights of men. 16The matrineal kinship system protects women in many aspects. 17Batak, Bugis, 18 Makassar, 19 Mbojo, Kajang, Bali, 20 Asmat, Banjar, and others are tribes that adopt a patrineal kinship system, where men are central in the family.In terms of inheritance, some tribes with patrineal kinship systems do not provide sufficient/appropriate inheritance rights for women in Indonesia with the assumption that women will become the responsibility of their father, and or husband if they are married. 21Bugis, Mbojo, Banjar are some of the tribes with patrineal kinship systems that position men and women are equal in the rights of inheritance.Most of the tribes on the island of Java follow a bilateral kinship system, where men and women have equal roles in making family decisions, as well as in inheritance rights.
The Sasak tribe adheres to a patrineal kinship system, where men are very dominant in all aspects of social life.Men's interests and needs are the main consideration in community activities, whether related to education, culture, politics, economy, religion, and others.Including in the field of inheritance, men are prioritized in the patrineal Sasak kinship system.Conflict in the wealth distribution through inheritance among the Sasak tribe begins with criticism of the injustice felt by women in inheritance rights. 16

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In general, Sasak women do not have inheritance rights over the wealth of their parents and family.In the Sasak customary law system the wealth distribution through inheritance is carried out with three main patterns as follows:22 1.If a parent dies, the eldest son (anaq parangga) is the rightful owner of the whole of the property.The burden placed on the anaq parangga after the death of his parents is the social and economic responsibility for all family members.The anaq parangga is the backbone and symbol of the family's cohesion.The wealth from their parents' property must be allocated by the anaq parangga to ensure the educational, economic, health, and other needs of all family members.In many cases, not all anaq parangga have good skills in managing family assets.The ownership of property through inheritance, which is basically a delegation of responsibility, turns into individual ownership that is not followed by responsibility for the survival of family members.The anaq parangga's monopoly over their parents' inheritance is a tragedy for other family members.23 2. If a parent or relative dies, the right of inheritance for boys is the productive property in the forms of land, houses, livestock, and vehicles.While women's inheritance rights are in the form of furniture in the house; mattresses, beds, dishes, cooking utensils, and other furniture.With this model of wealth distribution, the opportunity to develop wealth is only possible for men.Meanwhile, women, no matter how good their resources are, do not have the opportunity to own assets/capital and develop their parents' inheritance.This model of wealth distribution discriminates against women in the development process.3.In the case that a person does not have a male descendant (son), his property will be inherited by his father, and if his father has died, his property is controlled by his brothers.Women, like the two previous models, are the same in this third pattern; they do not get enough inheritance to develop their parents' property.
The three basic patterns of wealth distribution through inheritance above, in practice, were implemented in various forms, according to the agreement of community members (gubuk). 24In the gubuk of Sade hamlet for example, the anaq parangga does not control all his parents' inheritance.But strategicproductive assets are delegated to the anaq parangga as responsible for the  25 The nature of anaq parangga ownership in inherited property is also followed by moral, social and economic responsibility for the integrity of the nuclear family.Meanwhile, property in the house in the form of gold jewelry, silver, clothing, kitchen utensils and others become the inheritance rights of women. 26If there are no sons in the family, then the inheritance is distributed to the daughters.And, if the testator has no descendants (putung), then the inheritance is handed over to other family members by considering the closeness of kinship relations, without prioritizing gender. 27en, in Penujak village huts are central figures in the family, and at the same time they are also symbols of family succession. 28With such a position, men in Penujak have a high social responsibility in the family. 29Because of their responsibilities, sons in Penujak village receive inheritance in the form of productive assets left by their parents.Rice fields, gardens, houses, livestock, vehicles, and other economic instruments (assets) are controlled by boys.Women, especially those who are married, are considered to leave the nuclear family, follow their husband's clan, and become the full responsibility of their husband and his extended family. 30Because of this position, women in Penujak village only get jewelry that has been passed down from generation to generation from their mothers and grandmothers, and a sufficient amount of money, according to the family's economic conditions. 31imilar to the Sade and Penujak gubuk, in the Teruwai village the anaq parangga is everything.Other family members, both male and female, depend on the anaq parangga.The difference with Sade huts is that in the event that a person has no male descendants, the inheritance is transferred to his father.If the father has passed away, the inheritance is handed over to the brother who is most closely related to the testator.In the case of someone who has no descendants (putung), then the property is handed over to the father of the person who died.If the father has passed away, then the property is passed to the closest brother. 32n northern Lombok, the Sasak Bayan community also prioritizes men over women in the wealth distribution through inheritance.However, the duties and roles of men and women are differentiated, and have specific responsibilities in the family.As a result of the specific duties and responsibilities, it also affects the pattern of inheritance distribution.Men in the Bayan community are the main actors in social activities, while women are the backstage actors; the public sphere and the domestic sphere. 33Because of this role, the Bayan man is given greater capital and opportunities for self-actualization by the family.Meanwhile, women, with their roles and responsibilities in the domestic sphere who take care of the needs of their husbands, children and other family members, receive inheritance rights in accordance with the kindness of the men in the family.The Bayan man's obligation to provide inheritance rights for his sister is based on her devotion to serve the family.From the description above, it can be concluded that several issues related to the distribution of wealth through inheritance among the Sasak people, which are; first, the model of wealth distribution through inheritance is influenced by the patrineal kinship system; second, sons get more inheritance rights with a greater burden of responsibility for the sustained family; third, the inheritance controlled by sons has a social function, not individual; fourth, the patrineal kinship system in Sasak society causes women to be marginalized in inheritance rights.

Conflict and Tension in Sasak Customary Inheritance: A Quest for Justice
Islam is a religion practiced by the majority of the Sasak people, and the island of Lombok where the Sasak people live is known as the thousand mosques island.In Islamic teachings, there are detailed provisions governing inheritance rights in the family.These Islamic inheritance rules and regulations are substantively incompatible with Sasak customary law.At this point there is a dialog and interaction between Islamic inheritance law and Sasak customary inheritance law.For some Sasak people, it is used as a comparison to seek justice in the distribution of wealth through inheritance.
The efforts of the Sasak people to obtain distributive justice through inheritance are strengthened by the attendance of Law.No.The interaction of Islamic law, national law, thoughts in the field of inheritance, and Sasak customary inheritance law as a unit system in society led to the emergence properties in the field of inheritance in Sasak society. 37This dialectic creates tension in the community, which leads to the disruption of the customary inheritance law system that has been the practice of the community for hundreds of years.Customary inheritance law for Sasak people is a choice, not a necessity.
Tensions began in 1961 with the enactment of Supreme Court of the Republic of Indonesia Decree No. 179K/Sip/1961 which ruled on equal inheritance rights between Sasak men and women.Inaq Rasni's (Sasak woman) lawsuit in 1978 to get the same inheritance rights as her brother was won by the Supreme Court.The decision of the Selong District Court No. 164/P.N.Sel/1982/Pdt dated December 27, 1982 approved a lawsuit that equalized the rights of men and women in inheritance in Sasak society.With the existence of the Religious Court Institution, for Sasak Muslims who seek justice in the field of inheritance can apply for a lawsuit/request at the Religious Court Institution in accordance with existing rules in Indonesia.
Based on data in the last three years in the Lombok Island religious courts, tensions and conflicts over customary inheritance that have been filed as inheritance cases in the religious courts are as follows: From the total number of inheritance cases submitted to the Lombok religious courts, the female litigant dominated the cases.The unequal distribution of inheritance property is the core of the petitions, with the reinforcing reason that today women in Sasak families have equal roles, participation and contributions to men.

Distribution of Wealth Among Sasak: Sociological Analysis
The existence of Indonesia as a plural country is highly dependent on strengthening the identity of local customs, traditions, and indigenous tribes.Local values and culture are a necessity for strengthening identity and strengthening the existence of Indonesia as a plural country, and on the other hand the demands for justice are fundamental needs that must be met by the state for each of its citizens.Herein lies the urgent dialog of customary law with changes in national and global discourse; the battle of local (personal) authority and institutional authority.Local authorities with all the values of their wisdom, and the state with its instruments of power jointly build and shape change to reduce the conflicts and tensions in society.Religion (Islam) as the religion recognized by the community is an ethical source that combines the two.Indonesia is a country united by differences (Bhineka Tunggal Ika), and thus national law in inheritance must maintain its respect for customary inheritance laws that have long lived in the people of Indonesia. 38he paradigm of customary law in Indonesia cannot be understood with the legal paradigm that developed in Europe.Customary law in Indonesia was established on the basis of the diversity of traditions, geography, and values adhered to in society.It lives in the community and becomes a deep-rooted  39 Academics recognize customary law in Indonesia as a science, and a fundamental reference in strengthening national law.Customary law is Indonesia's identity, source of knowledge, character, and distinctive features, 40 which is open and can be interacted with other foreign concepts, theories and cultures.
The adaptability of customary law can be found in the statement of the Minangkabau people that has been written previously; adat basandi syara' syara' basandi kitabullah, and in Sasak inheritance law is also known as sepelembahsepersonan, which is the Sasak community's recognition of Islamic inheritance law. 41This means that customary law in Indonesia is a legal system that is open to development, reconstruction and revision without losing its local identity.Sociological, cultural and spiritual approaches are needed to adapt customary law to the values that develop at the global and national levels.
Methodologically, in the study of Islamic law, the adaptability of customary law with others can be achieved by using the concepts of al-'urf, maṣlaḥah, and maqāṣid al-syari'ah, which are theoretical constructions in Islamic studies that offer the concept of legal adjustments, changes in goal orientation, and guarantees of public benefit by referring to the protection of religion, protection of the soul, protection of the mind, protection of property, and protection of offspring. 42However, there is a dialogical meeting point between Islamic law, customary law, and national law, and do not need to be clashed.It is in line with Benda's opinion that 'changing one changing all' which ensures that there would always be dynamics that allow the meeting of ideas of Islamic law, customary law, and national law in Indonesia. 43or the Sasak community, Islamic inheritance law is a legal choice confirmed by customary institutions.Islam, as the religion practiced by the Wealth Distribution Among Sasak Communities Through Inheritance Zainal Arifin H. Munir  DOI: 10.22373/sjhk.v7i3.10835http://jurnal.ar-raniry.ac.id/index.php/samarah1638 majority of Sasak people, is the main source of values and norms.The sentence in QS al-Nisaā: 34 al-rijāl qawwām 'alā al-nisā' is identical to the concept of anaq parangga in Sasak customary inheritance law.The main task of men in the family is to look after and protect women in the family.Property, for indigenous peoples in Indonesia is common ownership whose management is left to someone appointed by the customary institutional system. 44It is very different from the concept of property in European law which is individualized. 45The Western distribution of property through inheritance is considered individual ownership, while in the customary law system it is socially responsible and communal. 46ise words in Sasak society 'aiq meneng tunjung tilah empaq bau'; the Sasak tribe's wise way to solve problems without problems. 47

Conclusion
The wealth distribution through inheritance among the Sasak community is influenced by a patriarchal kinship system, and therefore does not prioritize the interests of women.Thus men play a dominant role in the control of capital and family wealth.The inheritance property given to Sasak men is accompanied by socio-economic responsibilities to maintain the family's existence in society, which is in this case in line with religious doctrine (Islam) in QS. al-Nisā: 34.Inheritance conflicts that arise due to inequality in the distribution of inheritance wealth are resolved through religious courts as state institutional authority.Basically, Sasak people are still emotionally attached to customary inheritance law, but also consider Islam as a value that balances justice in the distribution of inheritance.When the heirs do not get justice in the customary and Islamic legal systems, then the court is the way to get justice for the distribution of inheritance.

Rahmadanil and Rifka Zuwanda, "Inheritance Law in Minangkabau: A Comparative Study of the Application of Islamic and Customary Inheritance Law in Koto Tangah Subdistrict and Nanggalo Padang City," el-Qisṭ: Journal of Islamic Economics and Business 11, no
Halimah Basri et al., "Inheritance Rights of Women in Makassar Society: A Study of Living Qur'an and Its Implications for Islamic Law," Samarah 6, no. 2 (2022), p. 537-557.
7 of 1989 concerning Religious Courts and Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law.In addition, the development of inheritance thinking in Indonesia started by Hazairin, 34 refined by Sadzali 35 and emphasized by the increasingly open space for Sasak people to gain justice in the wealth distribution through inheritance. 36 http://jurnal.ar-raniry.ac.id/index.php/samarah1635 gender studies