Justice in Madurese Inheritance Practices: The Sangkolan Tradition and Islamic Law in Sampang

Abstract

This study examines justice in Madurese inheritance practices through the sangkolan tradition in Sampang Regency. Previous studies have discussed Islamic inheritance and customary practices, but have paid limited attention to how local concepts of justice shape inheritance distribution and interact with Islamic law. This study analyzes the forms of sangkolan, the factors underlying its practice, and its position within Islamic law. Using qualitative empirical legal research, the study collected data through interviews, observation, documentation, and relevant literature. The findings show that Madurese families shape inheritance distribution by considering individual needs, social responsibilities, property functions, family deliberation, and preserving family harmony, rather than numerical equality alone. Sons generally receive agricultural or other productive assets, while daughters commonly receive houses and residential property. The study also finds that sangkolan may involve hibah when property is transferred while parents are still alive. Thus, sangkolan reflects a customary approach to inheritance that seeks to reconcile family justice with Islamic legal principles, while lifetime transfers require distinction from inheritance under faraidh.