Penyelesaian Sengketa Hukum Waris antara Hukum Adat dan Hukum Islam di (Desa Maubasa Timur Kecamatan Ndori Kabupaten Ende)
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Institusion
Universitas Islam Malang
Author
Ago, Susianti
Subject
Hukum Islam
Datestamp
2020-11-19 06:00:24
Abstract :
Indonesia has a population of various religions, customs, and cultures so that there are various systems of inheritance law that apply, namely the Western inheritance law system, the Islamic inheritance law system, and the Adat inheritance law system. Each inheritance law system has different regulations. Because the majority of Indonesia's population is Muslim, the inheritance system is regulated in accordance with the Islamic inheritance law system contained in the KHI and its provisions are derived from the Al-Quran and Hadith. Even though the rules of inheritance in Islam are clear, the practice in society is still not well socialized. In order for the research to be more valid, the researcher directs it to the type of empirical research. The researcher took the research location in the Muslim community of East Maubasa Village, Ndori District, Ende Regency, Flores, East Nusa Tenggara. The reason for taking the location was firstly because in this location the distribution of inheritance still used customary law. Second, because many people are Muslim, however, they still use customary law in the distribution of inheritance. The purpose of this research is to describe the implementation of inheritance law in the village of Maubasa Timur, the distribution of inheritance according to customary law and Islamic law, and to know the distribution of assets according to customary law and Islamic law. The data collection procedure was carried out by the observation method, namely observation, the interview method in the form of questions and answers and the documentation method in the form of notes and photos. The results of the research are (1) the implementation of inheritance law in the village of Maubasa timur, the application is different, namely a daughter does not get an inheritance from her parents because she already has a husband and her husband has to support her family. (2) distribution of assets according to customary law and Islamic law, that is, according to customary law, a girl does not get an inheritance, while according to Islamic law, the child of the deceased heir is obliged to receive his share. (3) The position of children according to customary law and Islamic law is the same, that is, girls do not have a share in making decisions because a woman feels weak and easy to use. Key words: Inheritance, women, custom.
Indonesia has a population of various religions, customs, and cultures so that there are various systems of inheritance law that apply, namely the Western inheritance law system, the Islamic inheritance law system, and the Adat inheritance law system. Each inheritance law system has different regulations. Because the majority of Indonesia's population is Muslim, the inheritance system is regulated in accordance with the Islamic inheritance law system contained in the KHI and its provisions are derived from the Al-Quran and Hadith. Even though the rules of inheritance in Islam are clear, the practice in society is still not well socialized. In order for the research to be more valid, the researcher directs it to the type of empirical research. The researcher took the research location in the Muslim community of East Maubasa Village, Ndori District, Ende Regency, Flores, East Nusa Tenggara. The reason for taking the location was firstly because in this location the distribution of inheritance still used customary law. Second, because many people are Muslim, however, they still use customary law in the distribution of inheritance. The purpose of this research is to describe the implementation of inheritance law in the village of Maubasa Timur, the distribution of inheritance according to customary law and Islamic law, and to know the distribution of assets according to customary law and Islamic law. The data collection procedure was carried out by the observation method, namely observation, the interview method in the form of questions and answers and the documentation method in the form of notes and photos. The results of the research are (1) the implementation of inheritance law in the village of Maubasa timur, the application is different, namely a daughter does not get an inheritance from her parents because she already has a husband and her husband has to support her family. (2) distribution of assets according to customary law and Islamic law, that is, according to customary law, a girl does not get an inheritance, while according to Islamic law, the child of the deceased heir is obliged to receive his share. (3) The position of children according to customary law and Islamic law is the same, that is, girls do not have a share in making decisions because a woman feels weak and easy to use. Key words: Inheritance, women, custom.
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