TINJAUAN MAQASHID SYARIAH IMAM ASY-SYATIBI TERHADAP PRAKTIK WARIS ADAT TUNGGU TUBANG PADA MASYARAKAT ADAT SEMENDO DI KECAMATAN KOTA AGUNG KABUPATEN TANGGAMUS

This study aims to analyze the practice of the Tunggu Tubang customary inheritance system among the Semendo community in Kota Agung District, Tanggamus Regency, through the perspective of Imam Asy-Syatibi’s Maqashid Syariah (the objectives of Islamic law). This tradition grants the eldest daughter the right to reside in and manage the family home along with the ancestral estate. This study utilizes a qualitative method with a socio-legal (yuridis-empiris) approach, supported by field data collected through interviews with community leaders and practitioners of the Tunggu Tubang inheritance tradition.

The results indicate that the Tunggu Tubang system aligns with the principles of Maqashid Syariah, particularly regarding Imam Asy-Syatibi’s perspective on the three levels of necessity—Dharuriyat (essential), Hajiyat (complementary), and Tahsiniyat (embellishments)—which must be observed to maintain human welfare (maslahah). Furthermore, this tradition emphasizes social responsibility rather than private ownership, while safeguarding the sustainability of the extended family as a collective unit.

This study asserts that local wisdom such as Tunggu Tubang needs to be preserved as it embodies both Islamic and social values. The findings can serve as a reference for formulating policies that harmonize customary law (hukum adat) and Islamic law in Indonesia.