Naufal, Muhammad (2025) Pelaksanaan Pembagian Harta Warisan Menurut Adat Dalam Masyarakat Melayu Kecamatan Tanah Putih Ditinjau Dari Perspektif Hukum Islam. Other thesis, Universitas Islam Riau.

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Abstract

The application of Islamic inheritance law in general has not been applied in several regions in Indonesia, especially in the Tanah Putih District area, the community prefers to carry out inheritance with the customary inheritance system or the customs of the community in Sedinginan Village which are applied there and also use deliberation and consensus in its implementation. The main problem in this thesis researcher is How is the implementation of the distribution of inheritance according to custom in the Malay community in Sedinginan Village, Tanah Putih District reviewed from the perspective of Islamic law and What are the obstacles in implementing the distribution of inheritance according to custom in the Malay community in Sedinginan Village, Tanah Putih District reviewed from the perspective of Islamic law. The type of legal research method that the researcher uses in this thesis research is empirical research conducted by means of a survey. Meanwhile, if viewed from its nature, this writing is descriptive analytical, which means that the research is intended to provide a detailed, clear and systematic description of the main problems of the research. The results of the study that the author found, namely the Implementation of the Distribution of Inheritance According to Custom in the Malay Community of Tanah Putih District, reviewed from the Perspective of Islamic Law, Islamic inheritance law recognizes the importance of customs and habits of society as long as they do not conflict with the basic principles of sharia. In the context of the Malay community in Sedinginan Village, the integration between customs and Islamic law in the distribution of inheritance can be done through family deliberation or a will, so that justice and harmony are achieved from the perspective of Islamic law, the practice of distributing inheritance based on the customs of Sedinginan Village is not entirely in line with sharia provisions. However, in the perspective of Islamic law, namely according to the Compilation of Islamic Law (KHI) Article 183, it is stated that the distribution of inheritance can be carried out based on a peaceful family agreement. Therefore, as long as all heirs agree and no one feels disadvantaged, the distribution of inheritance according to custom can be accepted. And the obstacles in implementing the distribution of inheritance according to custom in the Malay community of Sedinginan Village, Tanah Putih District, namely: Lack of Official Documentation, Desire to Control Inheritance, Limited Knowledge and Costs of Making Inheritance Deeds, Differences in Understanding of Inheritance Law, and Decisions made based on a sense of tolerance or consideration from the heirs who carry out the distribution of inheritance, as well as differences of opinion in the distribution of inheritance where in one family there is a party who wants to divide according to Islam and another party wants to do it according to customary law.

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