HAK WARIS ANAK PEREMPUAN DAN JANDA DALAM PEMBAGIAN HARTA WARISAN MUSLIM KARO (STUDI DI DESA UJUNG TERAN, KECAMATAN MERDEKA, KABUPATEN KARO)

Handayana Br Surbakti, S.H., NIM.: 21203011078 (2023) HAK WARIS ANAK PEREMPUAN DAN JANDA DALAM PEMBAGIAN HARTA WARISAN MUSLIM KARO (STUDI DI DESA UJUNG TERAN, KECAMATAN MERDEKA, KABUPATEN KARO). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (HAK WARIS ANAK PEREMPUAN DAN JANDA DALAM PEMBAGIAN HARTA WARISAN MUSLIM KARO (STUDI DI DESA UJUNG TERAN, KECAMATAN MERDEKA, KABUPATEN KARO)) 21203011078_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (3MB) | Preview
	Text (HAK WARIS ANAK PEREMPUAN DAN JANDA DALAM PEMBAGIAN HARTA WARISAN MUSLIM KARO (STUDI DI DESA UJUNG TERAN, KECAMATAN MERDEKA, KABUPATEN KARO)) 21203011078_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

The Karo indigenous people adhere to a patrilineal kinship system, namely a kinship system that draws lineage from the father's (male) side. Similar to the patrilineal system in general, in terms of inheritance, the customary law of the Karo indigenous people stipulates that only sons have the right to receive inheritance while daughters do not receive inheritance. Meanwhile, daughters receive inheritance voluntarily or with the love of a male relative. Based on this, the research focus in this study is (1) Why do Muslim Karo daughters and widows not have the right to inherit in Karo customary law? (2) How is the division of inheritance of Karo Muslim daughters and widows according to Islamic law and customary law? . The purpose of this study is to explore the reasons why Karo Muslim daughters and widows do not have the right to inherit in Karo customary law. To analyze the distribution of inheritance of Karo Muslim daughters and widows according to Islamic law and customary law. The type of research used in this study is field research (Field Research) which is descriptive-analytical in nature which will describe legal problems that occur in society in full, namely the status of girls and widows who do not receive inheritance from heirs, then analyzed to reach conclusions on the inheritance rights of daughters and widows in the distribution of Karo Muslim inheritance. As for data collection using observation, interviews and documentation. The results of this study indicate that first, based on the patrilineal kinship system of the Karo indigenous people, where the position of sons is more respected in the family, this has an impact on the division of inheritance between sons and daughters. The position of a woman in the Karo custom as a child before marriage will still be included in her father's group, but the position of the woman changes after she gets married, because the woman will follow her husband's clan or family. Second, in Islamic law, heirs are those who are related by blood and marriage, so that girls have the position of heirs. Meanwhile, according to Karo's customary law of inheritance, only sons can inherit the inheritance from the heir. The existing inheritance law becomes legal pluralism, in which some people do not use customary law because they see the times and many women who have received higher education.

Share this knowledge with your friends :

Actions (login required)

View Item