Article

PENERAPAN HUKUM WARIS ADAT MINANGKABAU DITINJAU DARI PERSPEKTIF HUKUM ISLAM

01/2010;
Source: OAI

ABSTRACT In field of matters pertaining to inheritance, Indonesia country hasn’t national law of heir, with the result that the law which prevail in society still have characteristic of pluralistic, there are who follow civil inheritance law, Islamic inheritance law, and traditional inheritance law. Each inheritance law system above has different characteristic between one and others. Minangkabau society also has traditional inheritance law it selves which inherited from their ancestor. Basically traditional matters of pertaining to inheritance of Minangkabau are influenced from system of kinship matrilineal so the heirs taken from mother/woman line. The problems of matters pertaining to inheritance in Minangkabau are complicated. Some time the way to solve this problem is according or influenced to traditional law, in other hand if seen from religion point of view, almost the citizens of minangkabau are Muslim, so that’s making both of system of inheritance are contrast. Because of these problem, we need to discuss about the position of the heir in matter pertaining to inheritance considering there are not unity of law in completion matter pertaining to inheritance. This research is descriptive analytic, method of research is yuridis normative and yuridis sociologist. Research field in Minagkabau society. Data collection with qualitative method with deductive and inductive method. From the result of the research we get that the state and function of inheritance inherited wealth is like main mass Minangkabau that must be keep well, not for sale or be pawning except in urgent situation. In inheritance of high inherited wealth, traditional law are prevailed that’s mean wealth inherited to nephew if the heir are mother or father, but if the heirs are mother or female so their child are the heirs. Islamic inheritance certainty cannot allowed in inheritance high inherited wealth, considering there are not elements of Islamic inheritance in inheritance inherited wealth. Whereas low inherited wealth is using to support the smallest family (child and wife). So, heirs in that wealth are their children. In distribution on low inherited wealth there is influence from Islamic inheritance law. But Islamic law is not done right because there are many deviations in process distribution of right of each heir. There is who distribute base on Islamic inheritance law, there is who distribute between the heirs, and there is who solve the problem with discussion between the heirs. Base of traditional Minangkabau philosophy are “adat basandi syarak, syarak basandi kitabullah”, but in application in matters pertaining to inheritance are not done purely. Among the factors are less of understanding in Islamic inheritance law and there are influence from traditional law to solve matters pertaining to inheritance. Similarity between Islamic inheritance law and traditional inheritance law are stated in the way of bilateral principal, individual, and ijbari. Even though the law is cannot run purely. Whereas the different are distribution inheritance wealth deviation in every person.

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