Rekontruksi Tradisi Waris Melalui Praktik Hadiah Pada Keluarga Plural Desa Patoman Banyuwangi

Abstract

This study examines the reconstruction of inheritance traditions within religiously plural families in Patoman Village, Banyuwangi. Interfaith inheritance practices raise normative issues, particularly within Muslim families, as Islamic law does not permit inheritance between individuals of different religions, while Patoman society lives in a plural social context that strongly upholds familial harmony. This research employs a qualitative descriptive method with an ethnographic approach through observation, semi-structured interviews, and documentation. The findings reveal that the Patoman community develops adaptive inheritance patterns based on family deliberation (musyawarah). Within Muslim families, the distribution of assets to family members of different religions is carried out using the term gift (hadiah) as a cultural and religious strategy to maintain harmony without violating Islamic inheritance norms. Meanwhile, in non-Muslim families, inheritance practices follow the respective customary and religious provisions. Customary leaders and religious figures play a mediating role in negotiating cultural and religious values, ensuring that inheritance practices are socially and religiously acceptable. This study affirms that inheritance practices within the plural society of Patoman Village represent a form of living law, shaped through dynamic negotiations among customary law, religious norms, and social needs in maintaining harmony and cohesion among interfaith families.