Pelaksanaan Pembagian Harta Warisan Adat Dalam Masyarakat Melayu Di Tinjau Dari Perspektif Hukum Islam Di Kecamatan Ujungbatu

Widodo, Diki (2022) Pelaksanaan Pembagian Harta Warisan Adat Dalam Masyarakat Melayu Di Tinjau Dari Perspektif Hukum Islam Di Kecamatan Ujungbatu. Other thesis, Universitas Islam Riau.

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Abstract

In Indonesia, there are various ways of doing inheritance, namely BW inheritance (western inheritance), adat and Islam. Some of these inheritances have different characteristics from one another. Inheritance law in Indonesia is always influenced by the development of three basic concepts of the inheritance system. The three legal systems are customary law, Islamic law and Dutch heritage law or civil law which is widely contained in Burgerlijk Wetboek. Customary inheritance law is the law that contains the systems and principles that will apply in it that arise from the previous ancestors and regulates the legal principles of inheritance, inheritance, heirs and inheritance as well as how to divide the inheritance that is inherited. transfer it to the heir. Customary inheritance law is actually a law that passes on assets from one generation to the next from generation to generation to their descendants. The implementation of Islamic inheritance law in general has not been applied in several regions in Indonesia, especially in the Ujungbatu District area, the community prioritizes inheritance with the customary inheritance system that applies there and also uses deliberation in its implementation. In this study, the author has the main problems discussed, namely, 1. How is the Implementation of the Distribution of Indigenous Inheritance In Malay Indigenous Peoples in Ujungbatu District according to the Perspective of Islamic Law. And what are the obstacles in the implementation of the distribution of customary inheritance in the Malay Indigenous Community in Ujungbatu District according to the perspective of Islamic law. And the purpose of the research itself is the same as the problem formulation, namely to find out the results of the research problem formulation. The research method that the author uses in this study is empirical legal research, namely researching directly into the field to find out the application of existing law in society. The results of the research that the authors obtained are the implementation of the distribution of customary inheritance in the Malay community in the Ujung Batu sub-district according to the perspective of Islamic law, namely the Malay customary system in the Ujung Batu area is not in accordance with its implementation / inversely proportional to Islamic inheritance law. And in the distribution of inheritance, the Ujung Batu community has several obstacles, namely: 1. There is a difference of understanding between the heirs 2. The heirs are not old enough/not yet mature 3. The heirs have no offspring.

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