Urbanization and migration are increasingly reshaping contemporary inheritance practices in multiethnic urban communities, particularly as families negotiate between customary norms, religious teachings, and changing socio-economic realities. This study examines how children’s Inheritance is distributed across urban communities with diverse ethnic backgrounds in Bandar Lampung and Metro Lampung, Indonesia. Using a socio-legal field research approach, primary data were collected through in-depth interviews with members of ethnic associations, religious leaders, and community elders. The findings reveal seven distinct inheritance distribution practices: male-dominated allocation, female-dominated allocation, equal division between sons and daughters, delayed inheritance distribution, the transfer of the eldest son’s share to other sons, prioritization of economically vulnerable children, and distribution based on the keprabon or yoso system. These diverse practices suggest that a single normative framework does not govern children's Inheritance; rather, it is shaped through ongoing social negotiation within plural legal and cultural contexts. The study further identifies five key factors influencing these practices: customary traditions, economic conditions, cultural indoctrination, geographical context, and religious understanding. This research contributes to socio-legal scholarship by conceptualizing Inheritance as a negotiated social institution in contemporary multiethnic urban settings and by highlighting how communities adapt inheritance norms in response to ongoing social change.
This research examines the Gula Satuangan tradition practiced by Muslim communities in the northern coastal region of Central Java as a socio-religious phenomenon through the lens of contemporary maqāṣid al-sharī'ah, with particular emphasis on the principle of maṣlaḥah al-ummah. This qualitative field study was conducted in Tegal-Brebes using a phenomenological approach. Research data were obtained through participant observation, in-depth interviews with traditional practitioners, cultural experts, local academics, and documentary analysis. Analysis was conducted using phenomenological steps: interpretation, exploration, meaning-making, and thematic grouping. The research showed that the Gula Satuangan tradition functions in three domains, namely (1) the sincerity of giving, which was synonymous with birr al-wālidayn and ihsān; (2) the strengthening of family relationships through social gatherings and intergenerational advice; and (3) the circulation of the local economy through the purchase of sugar-and-tea packages ahead of the event. These findings demonstrated that local traditions could be interpreted as living law that aligns with contemporary maqāṣid, particularly the aspect of maṣlaḥah al-ummah. This study extends the theoretical framework of contemporary maqāṣid al-sharī'ah, particularly the notion of maṣlaḥah al-ummah, by demonstrating how normative and empirical maṣlaḥah are integrated through the functional relationship between normative fiqh and local social practices.
Rebo Wekasan tradition in Indonesia remains a persistent socio-religious practice. This tradition is practiced by the general public and Pondok Pesantren across rural and urban areas, including Pondok Pesantren Al-Hikmah in Bandar Lampung, located in a diverse urban community. Despite the continued practice, the Rebo Wekasan tradition has received different responses from society. The concept is an act of bid’ah, inconsistent with Islamic teachings, and should be preserved as part of local wisdom. Therefore, this study aims to examine how local religious authorities negotiate the interpretation of Hadīth ahkam related to the Rebo Wekasan tradition. Interviews are conducted with religious leaders, observation, and documentation, supported by the analyses of Hadīth ahkam using the approaches of takhrij, sharh Hadīth, fiqhul Hadīth, and socio-cultural analysis. The results show that the Rebo Wekasan tradition at Pondok Pesantren Al-Hikmah Bandar Lampung consists of voluntary prayers, the recitation of Sūrah Yasin, dhikr, prayers for protection from misfortune, and charitable communal meals. This practice represents the negotiation of the understanding and interpretation of general Hadīth ahkam through the authority of local religious leaders. Kiai at Pondok Pesantren continue to observe Rebo Wekasan tradition despite the absence of any specific textual evidence prescribing the practice. Local religious authorities play an important role in sustaining socio-religious practices as a method of da‘wah and in strengthening silaturrahim in the community and among Pondok Pesantren. This study contributes to academic discussions on the interpretation of Hadīth ahkam by negotiating between textual meaning and religious authority through a socio-cultural approach.
Classical debates on istiḥālah of najāsah typically focus on juristic classification, particularly the extent to which the transformation of an impure substance results in purity and permissibility. In contemporary products—processed foods, pharmaceuticals, cosmetics, and industrial bioprocesses, the central problem is not only classificatory but also evidential and accountable. Claims of “transformation” must be normatively justified and empirically traceable at the levels of process, residue, and final product. Therefore, this study aimed to reconstruct istiḥālah of najāsah through the Integrity of Science paradigm, which requires coherence among the ontology of the object, multi-horizon epistemology, proportionate methodology, and an axiological commitment to halālan-ṭayyiban. A conceptual-doctrinal approach was adopted with a layered methodology comprising five layers. These include (i) ontological mapping of the object and supply-chain processes, (ii)normative boundary-setting grounded in scriptural reasoning and maqāṣid orientation, (iii) uṣūlī formalization into operational criteria of istiḥālah and its distinction from istihlāk, (iv) scientific-verification interface through evidence packages involving markers, residues, detection limits, and uncertainty, (v) halal governance evaluation through traceability and cross-contamination control. The reconstruction produces a testable normative-inferential toolkit consisting of an operational definition, criteria set, epistemic thresholds, and a halal-status decision matrix. This toolkit is important due to the ability to convert istiḥālah from an abstract juristic category into an auditable framework for contemporary halal assessment. It differs from previous approaches that tend to isolate juristic classification, laboratory authentication, or certification procedures but instead integrates the factors into one accountable inferential chain. The academic contribution is grounded in bridging uṣūl al-fiqh, scientific verification, and halal governance within one accountable inferential chain, thereby strengthening fatwa argumentation, certification audits, and integrity-based halal studies.
This article examines force majeure as a legal mechanism that limits the strict application of pacta sunt servanda when exceptional events render contractual performance impossible. The research problem lies in the absence of a clear, codified standard for force majeure in Jordanian law, where the doctrine is treated as a foreign cause under Article 261 of the Jordanian Civil Code, and its scope is largely shaped by judicial discretion. This raises uncertainty in distinguishing force majeure from hardship and other doctrines of changed circumstances. The article therefore asks: to what extent does the absence of codification of force majeure in Jordanian law affect legal certainty and judicial consistency compared with the codified French model? The study adopts a qualitative doctrinal legal method, using a descriptive-analytical and functional comparative approach. It relies on secondary legal materials, including statutory provisions, judicial decisions, legal commentaries, and relevant academic literature, which are analysed through doctrinal and comparative legal analyses. The findings show that French law, through Article 1218 of the Civil Code, provides a structured framework based on unforeseeability, irresistibility, and the prevention of contractual performance, thereby enhancing predictability while preserving judicial flexibility. By contrast, Jordanian law recognises force majeure but lacks an independent statutory definition or detailed criteria, which may lead to inconsistent application. The article contributes to comparative contract law by clarifying the relationship between codification, judicial discretion, and legal certainty. It argues that Jordanian law would benefit from clearer legislative guidance or from authoritative judicial criteria to improve coherence, contractual stability, and fairness in exceptional circumstances.
