Analysis of Islamic Law on the Distribution of Property before the Death of the Heir: A Case Study in Kedungtuban District

Abstract

The distribution of property before the death of the heir through the grant mechanism is a practice that is still ongoing in Indonesian Muslim communities, including Kedungtuban District, Tuban Regency, although Islamic law expressly stipulates that inheritance only takes effect after the death of the heir. This study aims to analyze the suitability of the practice of property distribution before the death of the heir in Kedungtuban District with the principles of Islamic law, identify the reasons for the community to carry out this practice, and assess its impact on family harmony and justice in inheritance distribution. The research uses a qualitative approach with an empirical juridical field research type that combines the analysis of Islamic legal norms with social facts. The data sources consisted of 27 informant families who had made grants to heirs, 3-4 religious leaders and Islamic law experts from the Ministry of Religion of Tuban Regency, as well as 5-6 sub-district officials and village heads, with selection using purposive sampling techniques. The results showed that 73% of 27 families practiced grants in lieu of inheritance, with 70.4% dividing wealth equally between boys and girls. The dominant reasons were socio-economic factors (85%), conflict prevention (78%), and emotional justice (65%). Although this practice is not in accordance with the formal Islamic inheritance pillars, grants are effective in preventing conflict in 83.3% of cases that have experienced previous inheritance conflicts, but 33.3% of families still experience conflicts after grants due to dissatisfaction with the part or remaining assets that were not granted.