Islamization Of Customary Law Or Adaptation Of Sharia ? A Critical Examination Of the Transformation Of Inheritance Practices Among the Batak Simalungun Ethnic Group

Abstract

This article examines the transformation dynamics of inheritance law within the Batak Simalungun community, focusing on the intersection between Islamic legal norms (faraid) and the patrilineal structure of local customary law. The study seeks to answer whether the observed changes in inheritance practices represent a process of Islamization of adat law or rather a contextual adaptation of sharia within local cultural frameworks. Employing a qualitative case study approach, data were collected through in-depth interviews, participant observation, and document analysis of both customary and religious sources. The findings reveal that inheritance practices in Batak Simalungun are undergoing a non-linear transformation. While some communities incorporate Islamic legal elements symbolically, customary structures remain largely intact. This phenomenon indicates a pattern of sharia adaptation that is contextual and conciliatory, rather than a normative and comprehensive Islamization. The study underscores the importance of understanding legal hybridity in multicultural societies and highlights the relevance of anthropological approaches in analyzing Islamic law at the local level.