EFFECTIVENESS OF THE IMPLEMENTATION OF ISLAMIC LAW IN INHERITANCE DISTRIBUTION IN THE COMMUNITY OF LEREP VILLAGE, WEST UNGARAN SUBDISTRICT

Abstract

This research is motivated by the discrepancy between the normative-imperative nature of Islamic inheritance law (ijbari) and the empirical practices of inheritance distribution in rural communities. In Lerep Village, Semarang Regency, the implementation of faraidh intersects with Javanese legal culture that prioritizes harmony. The research problems are: (1) How is the practice of inheritance distribution in Lerep Village viewed from the perspective of Islamic Law; (2) How is the effectiveness of the implementation of Islamic Inheritance Law in Lerep Village; and (3) What factors influence its implementation. The research method employed is socio-legal (empirical-juridical) with a sociology of law approach. Primary data were gathered through observation and in-depth interviews with the Village Head, religious figures, and heirs, followed by a qualitative descriptive analysis. The results indicate that the implementation of Islamic inheritance law in Lerep Village reflects an integrative legal pluralism model influenced by three primary determinants. First, the strength of local legal culture, which prioritizes the principle of Rukun (harmony), triggers a paradigmatic shift from formal-mathematical justice toward substantive-relational justice, where equal sharing becomes the dominant solution for maintaining social cohesion. Second, legal effectiveness at the village level is achieved through a tripartite mediation mechanism involving a strategic synergy between the Village Government as an administrative facilitator and religious leaders as moral mediators. This synergy successfully facilitates dispute resolution through non-litigation channels that align with the community's sense of justice. Third, the community adaptively utilizes inter vivos gifts (hibah) and amicable settlements (ishlah) as strategies to accommodate the socio-economic conditions of heirs and appreciation for elderly care. Theoretically, practices in Lerep Village confirm the existence of living law that synthesizes Islamic norms with local wisdom. Legal effectiveness is no longer measured by rigid textual compliance, but through the achievement of Maqashid Syariah the realization of public interest (mashlahah) and social stability at the grassroots level