The Practice of Negotiation as Sulh in Inheritance Land Disputes A Case Study of Agrarian Conflict in Lebeng Village

Abstract

This study analyzes negotiation practices in resolving inherited land disputes in Lebeng Barat Village and interprets them as a form of sulh within the framework of Islamic law and Maqasid al-Shari’ah. A qualitative approach is employed to explore the dynamics of conflict, negotiation strategies, and the roles of local actors in building peaceful agreements. Data were obtained through in depth interviews, participatory observation, and document studies related to land administration and ownership history. The findings indicate that the negotiation process unfolds through stages that reflect core principles of sulh: voluntariness, justice, and the pursuit of public benefit. This method is preferred by the community over litigation because it preserves family relationships, reduces the potential for conflict escalation, and produces more flexible and socially accepted resolutions. From the perspective of Maqasid al-Shari’ah, negotiation serves as a mechanism that protects property, lineage, and social stability while preventing harm (daf’ al-darar) and promoting welfare (jalb al-maslahah). This study affirms that negotiation as sulh is an effective and contextually relevant instrument for dispute resolution in local agrarian settings. In addition to contributing to the discourse on conflict resolution in Islamic law, the findings highlight the importance of strengthening community based mediation, inheritance law literacy, and village level regulatory support to ensure that family peace mechanisms operate more fairly and sustainably.