Analisis Pelaksanaan Pembagian Harta Warisan Pada Masyarakat Adat Melayu Di Desa Batu Ampar Kecamatan Kemuning Kabupaten Indragiri Hilir Dalam Perspektif Hukum Islam

Marsesa, Delafia (2022) Analisis Pelaksanaan Pembagian Harta Warisan Pada Masyarakat Adat Melayu Di Desa Batu Ampar Kecamatan Kemuning Kabupaten Indragiri Hilir Dalam Perspektif Hukum Islam. Other thesis, Universitas Islam Riau.

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Abstract

The indigenous people of Batu Ampar Village adhere to a parental or bilateral kinship system, namely the lineage drawn according to the lineage of the father and mother, which means that both sons and daughters are not distinguished by position. The tendency of the nature of this parental or bilateral kinship system in terms of inheritance distribution is to implement an individual system, in which the inheritance is divided among the heirs. Then there was also the discovery of the phenomenon of collective inheritance distribution among heirs in the Batu Ampar Malay customary community, this was feared would cause the inheritance of assets to be not properly distributed from parents or heirs to heirs. In this study the author has the main problem discussed, namely, how is the implementation of the distribution of inheritance to Malay indigenous people in Batu Ampar Village, Kemuning District, Indragiri Hilir Regency and what is the view of Islamic law regarding the implementation of the distribution of inheritance to Malay indigenous people in Batu Ampar Village, Kemuning District, Regency Indragiri Hilir. The research method used by the authors in this study is normative-empirical legal research, normative-empirical research is a type of research that uses secondary data (from the library) and is supported by primary data based on field research in the form of interviews. Meanwhile, in terms of its nature, this research is descriptive-analytical, which means describing or describing in detail the subject matter under study and analyzing in depth the object to be studied. The results of the research that the authors obtained were that in practice the distribution of inheritance in Batu Ampar Village, Kemuning District, Indragirihilir Regency was that after both parents died, then the inheritance could be distributed after both heirs (both parents) died. Inheritance cannot be divided if only one of the heirs dies, and the distribution between boys and girls should be even. And the view of Islamic law regarding the implementation of the distribution of inheritance to the Malay indigenous people of Batu Ampar Village is indeed not in accordance with Islamic inheritance law which originates from the Qur'an because the distribution is based on deliberation and agreement with the heirs especially those who use a collective inheritance system.

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