Muzainah, Gusti and Faridh, Miftah (2019) CUSTOMARY INHERITANCE LAW ACCULTURATION ON THE MERATUS DAYAK COMMUNITY. In: PROCEEDINGS INTERNATIONAL CONFERENCE ON ISLAM, DEVELOPMENT AND SOCIAL HARMONY IN SOUTHEAST ASIA (ICDIS) 2019, 28th November 2019, Selangor Darul Ehsan, Malaysia. (Submitted) (Submitted) (Submitted) (Submitted)

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ABSTRAK

The people who live in Loksado (Meratus Dayak tribe) have a heterogeneous style where they interact with one another and embrace different religions, one of which is Islam. This resulted in the Meratus Dayak tribe which originally adhered to the ancestral belief (Kaharingan), changed to the Islamic religion. Some of the Meratus Dayak people formally have converted to Islam. However, in carrying out the distribution of inheritance they still carry out the distribution of inheritance using customary inheritance law. Religious differences for them are not barriers to inheritance, whereas in Islam religious differences are obstacles to mutual inheritance. This is contrary to the principle in terms of fiqh mawaris or Islamic inheritance law. The purpose of this study was to determine the factors that resulted in acculturation in the Meratus Dayak community. To be able to answer that goal, empirical legal research methods/ field research are used. The approach used is a sociological approach, by conducting interviews with the Meratus Dayak community. Data obtained through observation and interviews are then processed and analyzed through qualitative analysis. The results of this study indicate that acculturation in the Dayak Meratus community is influenced by several factors including: 1) they embraced Islam due to marriage not from their personal awareness; 2) they consider tradition to exist before religion, so tradition must be prioritized compared to religious law, especially in the case of inheritance.

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