Adat Basandi Syarak in the Digital Era: The Dialectics of ‘Urf, Maqāṣid al-Sharī’ah, and Minangkabau Customary Law in Contemporary Fiqh on Women’s Inheritance

Abstract

The global transformation of legal paradigms reconfigures interactions among customary norms, religious jurisprudence, and state regulations within matrilineal societies navigating digital modernity. This article examines the intersection of the Minangkabau principle adat basandi syarak (custom based on sharia) and the maqāṣid al-sharī’ah (teleological objectives of Islamic law) to refine contemporary inheritance frameworks protecting the rights of women within evolving digital asset landscapes. Utilizing an interdisciplinary methodology integrating legal anthropology, the sociology of law, and Islamic jurisprudence, the research analyzes normative negotiations among customary institutions, religious authorities, and state courts in West Sumatra. Empirical findings reveal that digital mediation catalyzes a dialectical synthesis where customary matrilineal practices undergo interpretation through teleological Islamic principles to ensure distributive justice. This study establishes that the integration of ‘urf (recognized social custom) with maqāṣid-oriented jurisprudence produces adaptive legal mechanisms for addressing physical and digital inheritance claims while maintaining communal cohesion. These insights provide theoretical foundations for progressive legal policymaking in pluralistic Muslim societies addressing technological shifts and gender equity demands.