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Legal plurarisme has shaped the different inheritance regimes in Indonesia. Islamic Inheritance Law in particular is founded on the priciple of Ijbari, or fullcompliance and conformity with God's laws as set forth in the Qur'an. In terms of extended family relations, as the Qur'an does not have specific rules in this regard, there are legal opportunities for flexibility in implementation, allowing the mujtahid to do ijtihad according to the unique situations and conditions of their people. Thos paper discusses the dynamic and development of Islamic inheritance Laws in Indonesia using legal historical analysis and attempts to draw interconnections between different idea and understanding of the people to show the dynamics of Islamic inheritance laws in the differenct regions. Preliminaru conclusions indicate that legal pluralisme can be applied in the field of Islamic inheritance laws that have the basic characteristics of the 'ijbari' but open to ijtihad in the territories which have a propensity to apply atrictly the provisions in the Qur'an. |
