Article Sidebar

Vol. 3, No. 2, March 2020
Download
PDF
Statistic
Read Counter : 42 Download : 31

Main Article Content

Abstract

The inheritance is the transition of wealth from one who is edited to his heir realized after the heir passed away. The problems that arise in this study are many people or communities who don't understand the science of Mawaris. In some cases about inheritance in Indonesia, one of which is located in Tanjung Mompang Village, Panyabungan North , South Mandailing Natal, carried out the distribution of inheritance based on traditions that existed and implemented without reference to the provisions of Islamic law. Using a juridical-empirical approach, the paper argued that the division of inheritance in some areas of the population was a majority of Islam but did not prioritize Islamic law in its religious matters, especially those occurring in the village of Tanjung Mompang in Payabungan North , South Mandailing Christmas . There are two focus problems in this paper, 1. How is the implementation of inheritance of property to girls in Tanjung Mompang village? 2. What are the factors that cause the people of Tanjung Mompang Village to implement the distribution of inheritance based on the tradition? The result of this research is the distribution of inheritance that is done in the tradition because of the lack of public awareness about the rule of law in the Division of inheritance and one of the very basic factors that the division of inheritance That is done not legally Islamic which is primarily a public ignorance of the procedure, and consequently many feel unfair, causing a dispute over fellow brothers in the family.

Keywords

Heir Inheritance Mawaris

Article Details

Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

References

  1. Ahmad Yulianto and Dewata Nur Fajar Mukti , Dualism of Normative and Empirical Legal Research, Yogyakarta: Student Library, 2006.
  2. Adikusuma Hilman, Law of Customary Inheritance, Cet. VII; Bandung. PT. Citra Aditya, 2003.
  3. Ahmad Yulianto and Dewata Nur Fajar Mukti Fajar, Dualism of Normative and Empirical Law Research , Yogyakarta: Student Library, 2013 .
  4. Ali Zainuddin, Indonesian Islamic Civil Law, Jakarta: Sinar Grafika Offset, 2006 .
  5. Anshori Ghofur Abdul, Inheritance Law in Indonesia: Existence and Adaptability, Yogyakarta: Gadjah Mada University Press, 2012.
  6. Arikunto Suharsimi, Research Procedure: A Practice Approach , Jakarta: Rineka Cipta, 2010.
  7. Basyir Azhar Ahmad, Islamic Inheritance Law, revised edition, Yogyakarta: UII Press, 2001.
  8. Ministry of Religion of the Republic of Indonesia, Holy Qur'an and Translation, Bandung: CV Publisher Jumanatul 'Ali-ART, 2004 .
  9. Habiburrahman, Reconstruction of the Pillars of Islamic Heritage in Indonesia, Jakarta: Ministry of Religion, 2011.
  10. Kuncoro Wahyu, Inheritance of the Problem and the Solution, East Jakarta: Winning Asa Success, 2015.
  11. Ramulyo Idris, Comparison of the Implementation of Islamic Inheritance Law and Inheritance According to the Civil Code (BW), Jakarta: Sinar Grafika, 2000.
  12. Soekanto Soerjono, Legal Waris Adat, Jakarta: Rajawali, 2002.
  13. Soekanto Soerjono, Introduction to Legal Research, Jakarta: University of Indonesia Publishers , 19 86.
  14. Sunggono Bambang, Legal Research Methodology, Jakarta: Rajawali Press, 2012 .
  15. Umam Khairul Dian, Fiqh Mawaris, Bandung : Pustaka Setia, 2006 .
  16. Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI) , Jakarta: Grahamedia Press, 2014 .
  17. Usman Suparman , Inheritance Law According to the Civil Code, Serang: Arul Ulum Press, 1990.