Pelaksanaan Pembagian Harta Warisan Ditinjau Dari Perspektif Hukum Kewarisan Islam di Desa Bantan Tengah Kecamatan Bantan Kabupaten Bengkalis

Anggraini, Mella (2022) Pelaksanaan Pembagian Harta Warisan Ditinjau Dari Perspektif Hukum Kewarisan Islam di Desa Bantan Tengah Kecamatan Bantan Kabupaten Bengkalis. Other thesis, Universitas Islam Riau.

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Abstract

This study examines the phenomenon of implementing the distribution of inheritance assets in Bantan Tengah Village, Bantan District, Bengkalis Regency, which is not in accordance with Islamic inheritance law, especially in terms of the share of each heir. This study aims to find out: (1) the implementation of the division of inheritance assets in Bantan Tengah Village, (2) a review of Islamic law regarding the implementation of the division of inheritance assets in Bantan Tengah Village. This research is an empirical /sociological legal research. Research data were obtained by interviews, questionnaires, and literature studies. Data analysis is carried out descriptively qualitatively, namely the data obtained are classified into categories based on the equation of the type of data, then described and then compared with each other so that a complete picture of the problem under study is obtained. The population in this study is all heirs in Central Bantan Village who have divided inheritance from 2017 to 2022, namely 184 heirs. The sample taken was 25 heirs, 5 people were interviewed and 20 people filled out questionnaires and 2 religious figures to be interviewed. A total sample of 27 people were taken by purposive sampling. Then conclusions are drawn by the deductive method. Based on the results of the study, it can be concluded that the implementation of the division of inheritance assets in Bantan Tengah Village is carried out in a familial/deliberative manner by dividing equally each heir without being guided by QS. An-Nisa' verses 11, 12, and 176. The habit of deliberation/kinship is recommended, but its division should not be equal because it is contrary to Islamic law and is included in the 'urf fasid, so it cannot be used as a legal basis even though there is an element of willingness and without coercion and contains benefits and justice for the community.

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