Pelaksanaan Hukum Waris Adat Dalam Masyarakat Adat Kenagarian Gema Kecamatan Kampar Kiri Hulu Di Lihat Dari Perspektif Hukum Islam

Al-idrus, Nesa Mawarni (2019) Pelaksanaan Hukum Waris Adat Dalam Masyarakat Adat Kenagarian Gema Kecamatan Kampar Kiri Hulu Di Lihat Dari Perspektif Hukum Islam. Other thesis, Universitas Islam Riau.

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Abstract

The law of customary inheritance in indigenous peoples in Kenagarian Gema Kecamatan The Upper Left Kampar adheres to the Matrilineal kinship system, namely the lineage which is based on women (mother straight up, straight daughter down). Indigenous people in the Kenagarian Gema Kampar Kiri Hulu sub-district dividing inheritance is more likely to girls only. The problems in this study are: How to implement inheritance Customary in Kenagarian Gema, Kampar District, Upper Left and How Kenagarian Gema traditional inheritance in the district Islamic law paradigm Kampar Kiri Hulu. The type of research used is research using observational research method, namely by survey. Nature of research in this research is descriptive, to describe and provide data as thoroughly as possible maybe about the implementation of the distribution of inheritance that applies to the Kenagarian Gema Indigenous People of Kampar Kiri Hulu Subdistrict. From the results of the research the authors did the traditional inheritance at Kenagarian Gema Kecamatan Kampar Kiri Hulu is done not far away different from what was done to the Minangkabau indigenous people. This matter due to the history of the actual customs that exist in the community adat in Kenagarian Gema Kecamatan Kampar Kiri Hulu recognizes the system matrilineal kinship. Where the implementation of women is more prominent and preferred, the women's part is bigger than the party man. This is also the same as other things in the implementation of adat that women are always in the preferred position and Kenagarian traditional inheritance The echo in the Islamic legal paradigm of Kampar Kiri Hulu District is is where in inheritance law is always distinguished between inheritance and livelihood, where inheritance is inherited based on customary provisions (according to the lineage of the mother), while the inheritance is inherited based on Islamic law and the application of heirs according to customary law on the Kenagarian Gema community still influences the existence of law Islam, where in terms of the distribution of property and the application of the two provisions these experience differences, but in principle they are both aimed at to obtain results, namely the distribution of inheritance that creates shared peace and well-being with the community.

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