Pelaksanaan Pemberian Hak Waris Anak Perempuan Menurut Hukum Adat Di Desa Naumbai Kecamatan Kampar Kabupaten Kampar

Saputra, Muhammad Ridho (2019) Pelaksanaan Pemberian Hak Waris Anak Perempuan Menurut Hukum Adat Di Desa Naumbai Kecamatan Kampar Kabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

The problem of inheritance in Kampar Subdistrict, especially towards tribes Piliang, which is essentially related to the fading of religious and traditional values itself in the customary community, thus making the child of the niece abandoned without understanding custom. Compounded by the not yet synergy of understanding regarding the inheritance of women in the village of Naumbai which is in the traditional power three-stranded, ninik mamak, alim ulama, and government holders. So making the issue of women's inheritance rights often contested in the lane the court, without any settlement in adat (the generation of the tongka jo adat). The main problem in this research is how the inheritance rights of children women according to customary law in Naumbai Village, Kampar District Kampar and how is the application of customary law in the distribution of inheritance towards girls from Naumbai Village, Kampar District, Kampar Regency. This type of research is a survey that is research that takes a sample of a population and using interviews and questionnaires as a tool principal data collection. The nature of this research is categorized in the study descriptive is to describe the state of the subject or object of research at the time now based on facts that appear as they are.Inheritance rights for daughters according to customary law in Naumbai Village viz the implementation of the distribution of women's inheritance in Naumbai Village relating to high heirlooms and low heirlooms. In both of these inheritance, customary law is in Kampar Regency explained that Harato returned the agamo, pusako ka give back the customary ka, which means the inheritance is low, customary in Kampar adheres to the Islamic inheritance system, the terms and conditions of inheritance in accordance with ashabul furudl regulated in the Qur'an and Sunnah. While related to property heirlooms high, the inheritance system is based on the Matrilineal kinship nature, ie inheritance through maternal lineage (the woman's side), so that the woman's side many or dominant in the management of high treasure. But still under the supervision of ninik mamak (mamak soko) within the tribe. Application customary law in terms of distribution of inheritance property to girls in the village Naumbai is because every division of inheritance always gives rise the problem. Problems arise because of the lack of understanding about the neighbor how much each part of the law exists. These problems arise because of the waning application of customary law in a people, whichever caused by the adat holders, who lack firmness in implementation customary law. So that makes the niece abandoned without understanding customary law. As well as an understanding of the distribution of inheritance on the strength of customary law three strings, namely ninik mamak, religious scholars and government holders. So that makes problems in the distribution of inheritance often fought over in the court line, without any prior settlement in the clan adat (the generation of tongka jo adat).

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