PANDANGAN HUKUM KELUARGA ISLAM TENTANG POLA PEMBAGIAN HARTA BERSAMA PASCA PERCERAIAN DARI PERKAWINAN SEMANDA PADA MASYARAKAT ADAT LAMPUNG SAIBATIN (Studi Kasus di Kabupaten Lampung Barat)

KUNIDHUROTUL, FIKRIYAH (2026) PANDANGAN HUKUM KELUARGA ISLAM TENTANG POLA PEMBAGIAN HARTA BERSAMA PASCA PERCERAIAN DARI PERKAWINAN SEMANDA PADA MASYARAKAT ADAT LAMPUNG SAIBATIN (Studi Kasus di Kabupaten Lampung Barat). Masters thesis, UIN RADEN INTAN LAMPUNG.

	PDF Download (6MB)
	PDF Restricted to Repository staff only Download (6MB)

Abstract

ABSTRACT This study aims to analyze the distribution patterns of joint marital property after divorce within the Semanda customary marriage system of the Lampung Saibatin community in West Lampung Regency and to examine them from the perspective of Islamic family law. The Semanda marriage system is characterized by a Matrilokal pattern, in which the husband becomes part of the wife‟s family environment. This system influences the construction of property ownership during marriage and the mechanism of property distribution after divorce. In practice, the distribution of joint property does not always follow formal legal provisions, but is strongly influenced by kinship structures and customary values that exist within the community. This research employs a qualitative approach with an empirical juridical method. Data were collected through interviews with customary leaders, religious figures, and members of the community who had experienced divorce within the Semanda system, supported by documentation studies and analysis of Islamic legal norms and positive law. The data were analyzed descriptively and analytically using normative approaches, the theory of „urf, social exchange theory, and maqāṣid al-sharī‟ah. The findings reveal two primary patterns in the distribution of joint property after divorce within the Semanda customary community. The first is the protective customary pattern, in which joint property remains under the control of the wife and her extended family without formal division to the husband. This pattern is based on the Semanda kinship structure, which aims to provide economic protection for women and maintain the continuity of the wife‟s extended family. The second is the proportional deliberative pattern, in which joint property is distributed based on mutual agreement between the parties by considering contribution, needs, and the principle of justice. The second pattern is considered more consistent with the principles of Islamic family law, which emphasize distributive justice and recognition of each spouse‟s contribution within the household. From the perspective of Islamic family law, the first pattern possesses sociological legitimacy because it aims to protect women‟s welfare and public benefit (maṣlaḥah), although it may create imbalance if the husband‟s contributions are not taken into account. Meanwhile, the second pattern more closely reflects substantive justice as regulated in the Compilation of Islamic Law and is in line with the objectives of Islamic law (maqāṣid al-sharī‟ah), particularly in protecting property (ḥifẓ al-māl) and preventing harm. Therefore, harmonization between customary law and Islamic family law is necessary to ensure that the distribution of joint property after divorce respects local values while simultaneously guaranteeing justice for both parties.

Actions (login required)

View Item