scholarly journals Pewarisan Menurut Hukum Waris Islam Terhadap Sistem Kekerabatan Matrilineal Minangkabau

Notaire ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 197
Author(s):  
Ira Damayanti Putri ◽  
Dhea Amelisca ◽  
Sarfia Nengsih
Keyword(s):  
Indigenous People ◽  
Family System ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family

Minangkabau indigenous people if the family does not have children, especially children, especially girls, it is permissible to adopt children as successors. The position of daughters in the family in the Minangkabau community is very important in terms of the continuation of the clans from a family, this is because the Minangkabau people generally adhere to the Matrilineal family system. But in its development with the entry of Islam in Indonesia, most of the Minangkabau people were influenced by the teachings of Islam, so that in the position of heirs there was a position of heirs that contradicted the Islamic inheritance law with customary inheritance law in the Minangkabau community. The problem in this research is Islamic inheritance law towards customary inheritance law in Minangkabau people. The results of this study are that the Minangkabau community after the entry of Islam, implemented two inheritance systems, namely for high inheritance inherited by the Matrilineal collective inheritance system, for low inheritance inherited with Bilateral individual inheritance systems.

scholarly journals PLURALISME HUKUM WARIS DI INDONESIA

Al-Qadha ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 20-30
Author(s):  
Adelina Nasution
Keyword(s):  
Family System ◽  
Legal Systems ◽  
Inheritance Law ◽  
The Family ◽  
Inheritance Laws

Law of inheritance in Indonesia up to now in a pluralistic (diverse). In the territory of the Unitary Republic of Indonesia, various inheritance legal systems apply, namely customary inheritance law, Islamic inheritance law and Western inheritance law listed in Burgerlijk Wetboek (BW). This legal diversity is increasing because customary inheritance laws that apply in reality are not single, but also vary according to the form of society and the family system of Indonesian society.  Keywords: Pluralism, inheritance, custom 

scholarly journals HAK PEREMPUAN HINDU BALI ATAS HARTA WARISAN SUAMI

2021 ◽  
Vol 16 (1) ◽  
pp. 68
Author(s):  
Desyanti Suka Asih K. Tus
Keyword(s):  
Feminist Theory ◽  
Research Method ◽  
Family System ◽  
Customary Law ◽  
Inheritance Law ◽  
Governmental Body ◽  
The Family ◽  
Male Line ◽  
Customary Laws ◽  
Hindu Women

<p><em>Indonesia does not have a unified regulation regarding inheritance law. This legal pluralism occurs with the application of three different regulations related to inheritance law namely is Western Civil Law, Compilation of Islamic Laws and Customary laws which is applicable based on the region such as Bali Customary Laws. The customary law sourced from the norms, religion, principle that develop within the society. Customary inheritance law is strongly influenced by the family system that applies in every region in Indonesia. Customary inheritance law in Bali is influenced by the patrilineal system adopted in Bali. The patrilineal system adheres to the male line. The patrilineal system places men as the successors of the family including those who are obliged and entitled to family inheritance. This situation makes the position of women as subordinate parties in the family, especially in terms of inheritance. The rights of Hindu women in Bali to her husband's inheritance are often disregarded, forgotten, and abolished. Based on national law, a wife who is left dead by her husband will automatically become an heir. This situation does not necessarily apply to Balinese customary law with the patrilineal system. Social change and demands of the feminist theory have not brought a change to the application of Balinese customary inheritance laws in the community. The presence of provisions in the form of the MUDP (an Indonesia Governmental Body for Balinese) decision and the Supreme Court's decision have not been able to bring a change to the position of women (widows because of death) as husband's heir. The lack of knowledge and legal awareness of Hindu women in Bali over their position as heirs is one of the causes of the weak position of Hindu women in Bali as heirs. This paper will discuss the rights of Hindu women in Bali for husband's inheritance. This paper uses a normative juridical research method.</em></p><p><strong>Keywords</strong>: <em>Rights of Hindu Women in Bali, Husband's Inheritance</em></p>

scholarly journals KARAKTERISTIK PEMBAGIAN WARIS ADAT JAWA

2019 ◽  
Vol 4 (2) ◽  
pp. 147-155
Author(s):  
Sri Astutik
Keyword(s):  
Indigenous People ◽  
Family Environment ◽  
Inheritance Law ◽  
The Family ◽  
The Right

The distribution of inheritance among Javanese indigenous people, has its own characteristics. Although in general there are rules that have become a custom that applies from generation to generation, but in practice there are some variations in the implementation of inheritance. Submission of assets to his off spring does not have to wait for the death of the testator, but can be carried out while the testator is still alive. There are also those who share the inheritance after the testator dies and or the heir has finished his life (1000 days). In Javanese traditional inheritance law there are also known heirs, namely heirs who replace the main heirs, if he dies first. Every child has the right to become an heir, but the portion may differ depending on the habits in the family environment. There are heirs who get the same portion, some who get 2 for men and : 1 for  women, and there are also certain heirs getting more shares.

PERSPEKTIF HUKUM TERHADAP STATUS ANAK LUAR NIKAH DALAM MEMPEROLEH HAK WARIS KOMPILASI HUKUM ISLAM

2020 ◽  
Vol 1 (2) ◽  
pp. 158-166
Author(s):  
Yapiter Marpi
Keyword(s):  
Islamic Law ◽  
Family Relations ◽  
Secondary Data ◽  
Primary Data ◽  
Biological Father ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family ◽  
The Status ◽  
The Guardian

ABSTRACT This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.    

Perspektif Hukum terhadap Status Anak Luar Nikah Dalam Memperoleh Hak Waris Kompilasi Hukum Islam

2019 ◽  
Vol 1 (2) ◽  
pp. 158-166
Author(s):  
Yapiter Marpi
Keyword(s):  
Islamic Law ◽  
Family Relations ◽  
Secondary Data ◽  
Primary Data ◽  
Biological Father ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family ◽  
The Status ◽  
The Guardian

This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.    

scholarly journals Degradation of Customary Inheritance Law in the Sai Batin Lampung Tribe

AL- ADALAH ◽  
2021 ◽  
Vol 17 (2) ◽  
pp. 295-314
Author(s):  
Yayan Sopyan ◽  
Nusirwan Nusirwan ◽  
Isnawati Rais ◽  
Asmawi Aswawi
Keyword(s):  
Qualitative Research ◽  
Social Interaction ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Interview Technique ◽  
System A ◽  
Kinship System ◽  
Inheritance System ◽  
The Family

The Sai Batin indigenous people use the “jujur” form of marriage the male majorate inheritance system, a system in which the oldest son is entitled to all inheritance and is the successor of their descendants. So strong is the position of sons in the family that if a family does not have a son, then the family is considered as having no or broken offspring. For this reason, in the Sai Batin kinship system, the adoption of a son, either from an internal or external family, is an alternative solution. This research is qualitative research using the Islamic Law Anthropology approach. In the data collection stage, the writer used the dept-interview technique combined with a survey. This research concludes that although most of the Sai Batin tribes still adhere to the customary inheritance system, however, there has been a tendency to no longer use customary law, especially in matters of inheritance, because it is considered unfair. This is indicated by the tendency of parents to bequeath property to all their children through a grant mechanism or to distribute inheritance based on Islamic inheritance law. This change is influenced by many factors, including the most dominant factors are education, economy, and social interaction.

scholarly journals Inheritance Distribution of Adopted Children in The Perspective of Customary Law and Islamic Law Compilation: Case Study of the Application of Inheritance Law in Kudus

Al-Ahkam ◽  
2019 ◽  
Vol 29 (2) ◽  
pp. 141
Author(s):  
Abdurrohman Kasdi ◽  
Khoiril Anwar
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Customary Law ◽  
Comparative Approach ◽  
Adopted Children ◽  
Inheritance Law ◽  
Biological Children ◽  
The Family ◽  
The Will

This article aims to examine the position of adopted children, determine the position of adopted children's inheritance rights, as well as the application of the distribution of inheritance for adopted children in Customary Law and Compilation of Islamic Law in Kudus Regency. The method used is qualitative with a comparative approach. The results showed that the teachings of Islam did not deny the existence of adopted children as far as giving welfare and education to children. The position of adopted children in customary law is influenced by the family or family system. Their position from one region to another varies. In the case of the application of the distribution of inheritance for adopted children in adat law in Kudus District, several provisions of customary law state that the portion of adopted children is equated with the portion of biological children (if there is inheritance rights), or through the will of their adopted parents. While the application of Islamic Law Compilation in the distribution of inheritance in Kudus Regency also regulates <em>wasiat wajibah</em>, a will determined by law even though the person concerned does not inherit it.

scholarly journals DEVELOPMENT OF WOMEN POSITION IN THE PATRILINEAL INHERITANCE OF INDONESIAN SOCIETY

2017 ◽  
Vol 17 (2) ◽  
pp. 194 ◽  
Author(s):  
Elfrida R Gultom
Keyword(s):  
Supreme Court ◽  
Indigenous People ◽  
Neutral Position ◽  
Court Decisions ◽  
Inheritance Law ◽  
Men And Women ◽  
Kinship System ◽  
Paternal Line ◽  
Inheritance System ◽  
Supreme Court Decisions

Patrilineality is a kinship system which is based on paternal line; therefore, the position of men in inheritance law is dominant. Batak, Karo and Bali communities are among those who apply this system. Consequently, this system influences women’s standing in terms of inheritance. This paper discusses women position in inheritance of patrilineal system on those three societies as well as the factors which influence the development of women’s inheritance right. Some principles of this system are maintained while some others change. Several Supreme Court Decisions related to inheritance distribution dispute between men and women have tended to adopt a parental system which gives equality, humanity, justice, and right equality. Supreme Court places women in a neutral position which means that there is modernization which leads to homogeneity, indicating showing equality between men and women as well as providing a significant impact on inheritance law sector in Batak, Karo, and Bali. Keywords: indigenous people, matrilineal, Patrilineal, inheritance, inheritance system

scholarly journals Kewarisan Beda Agama di Nagari Persiapan Bancah Kariang Kecamatan Kinali Kabupaten Pasaman Barat

2021 ◽  
Vol 6 (2) ◽  
pp. 341
Author(s):  
E. Elfia ◽  
Surwati Surwati ◽  
Yan Fajri
Keyword(s):  
Family Member ◽  
Empirical Research ◽  
Qualitative Data ◽  
Family System ◽  
Family Members ◽  
Inheritance Law ◽  
Equal Share ◽  
The Family ◽  
Fair Distribution ◽  
The Relationship

This study aims to find out the basis and reasons for heirs of different religions to get inheritance from heirs who died and how the distribution of inheritance is carried out by the community in Nagari Bancah Kariang, Kinali District, West Pasaman Regency. This research is an empirical research using a socio-legal approach. The data used is qualitative data which is analyzed descriptively qualitatively. The findings from this study are the basis and method of dividing inheritance of different religions in Nagari Preparation Bancah Kariang, Kinali District, West Pasaman Regency is based on the habits that have been carried out by the family so that it has been passed down from generation to generation until now and the distribution of inheritance is carried out equally, regardless of religion. in a family member after the death of an heir. This is done with the aim of maintaining harmony among his family and is considered a fair distribution of inheritance with a family system. Families that have family members of different religions also get an equal share and do not differentiate the income from inheritance to their children to strengthen the relationship between children and their parents. The practice carried out by the Nagari Bancah Kariang community clashes with the Prophet's hadith which clearly states that different religions are a barrier to inheriting under any pretext because ikhtilaf al-diin is one of the mawani '(barriers) in Islamic inheritance law.

scholarly journals Penyelesaian Pembagian Warisan Di Kecamatan Simpang Ulim Dalam Perspektif Hukum Islam dan Hukum Adat

Al-Qadha ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 33-49
Author(s):  
Muhammad Nasir, Khalidah
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Customary Law ◽  
Primary Sources ◽  
Religious Leaders ◽  
Inheritance Law ◽  
Distribution Of Wealth ◽  
The Family ◽  
Mutual Agreement

In Acehnese society, the implementation of inheritance law is influenced by customary law living in the community, the heirs are in accordance with what has been stipulated in faraid law, but in the distribution of wealth sometimes it does not follow faraid law, but according to mutual agreement. Determination of inheritance in the Acehnese community in Simpang Ulim District, whose majority Muslim community, in terms of handling inheritance more depends on the heirs, this method is called the familial way and can run well without conflict, for example, the parties agree to divide the number of the expert's assets. the inheritance for boys is equal to that given to girls. This research is a field study with a qualitative approach. The primary sources in this study were informants from the Simpang Ulim Community whose data were taken by random sampling. The results of the study concluded two things; First, the mechanism for implementing the distribution of the inheritance of the Acehnese people in Simpang Ulim District is carried out in two ways, firstly by purely Islamic law, and by means of kinship (custom). The reason for the implementation of the family system is because the majority of people do not understand the law of inheritance in totality in Islam. Second, the application of Islamic inheritance law to the implementation of inheritance law in the Acehnese people in Simpang Ulim District is complementary and side by side with customary law. On this occasion, the heirs will ask for guidance from religious leaders by kinship consensus.

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