The Postponement of the 1,000-Day Inheritance Distribution in Javanese Custom in Menampu, Jember: A Maqasid Sharia Perspective

Abstract

This study examines inheritance deferral associated with sewu dino in Menampu Village, Jember, through maqasid al-shariah. An empirical legal approach analyzes reported interviews with the family of the late Mrs. RK and a religious figure alongside the Compilation of Islamic Law. The findings describe postponement of estate division until the 1,000-day commemoration, during which the surviving husband manages a house, yard, and rice field. The family reports restrictions on unilateral disposal and associates deferral with commemorative responsibilities and family harmony. However, the evidence does not verify every heir’s informed consent, financial accountability, or final distribution. The analysis distinguishes ritual timing from recognition of inheritance rights. Property protection provides the strongest basis for temporary stewardship; mourning and deliberation remain contextual considerations rather than demonstrated effects of the waiting period. Custom cannot independently authorize expenditure from heirs’ property. The study recommends early asset identification, informed agreement, transparent accounting, and reviewable management. It contributes a conditional framework for evaluating deferral without treating the 1,000-day interval as a mandatory legal rule.