relation: https://digilib.uin-suka.ac.id/id/eprint/61830/
title: ANALISIS MASLAHAH TERHADAP “KEWARISAN” HARTA PUSAKA TINGGI DI MINANGKABAU
creator: Joshua Suherman, S.H, NIM.: 20203011035
subject: Kewarisan Islam
description: The treasures of the inheritance in the custom of Minangkabau are called  harato pusako (treasure of heirloom). The inheritance of the treasury is inherited  through the line of the woman, while the son does not inherit according to the  custom of Minangkabau. The property inherited to the daughters is not owned  individually but is owned by the people collectively (collectively), the right of  ownership by the daughters is called “ganggam nan bauntuak” (given handle)  which is only a limit of use not ownership. After the Islamic shariah began to be  strong in Minangkabau as a consequence of the practice of Islamic Shariah, the  inheritance of Minangkabau was divided into two: the treasure of heirloom and  the treasure of livelihood. The treasures of heirloom is inherited in accordance  with the law of custom and the treasures of livelihood are inheritated in  conformity with the laws of faraid. This adult existence of heritage begins to  change as the life pattern of Minangkabau society changes. Inheritance that is  expected to be able to sustain family relationships and become a future  investment, has now caused a lot of disputes in the family. The treasury which  must be inherited in a faraid manner but which is transferred into treasure of  heirloom is something wrong in nas. Therefore, it is necessary to pay attention to  the level of assets contained in the customs inheritance in Minangkabau.  This type of research is library research with a normative-sociological  approach. The method of data analysis used is decryptive-analytical. In the  method of data collection, authors use documentation or library study methods  and then use the interview method for some data that is not available in written  sources.  The results of the research show that the customary inheritance of high  inheritance which seems to violate the rules of faraid is basically not contrary to  Islamic law, because the status of inherited assets is not in accordance with the  status of assets that can be inherited by faraid. With regard to its function, the high  inheritance has a moral function and a material function, the moral function is to  strengthen the inner bond between members of the clan and the material function  is to meet the needs of its members, but these functions are no longer felt by  family members, because the management system is no longer in accordance with  the lifestyle of today's society. Based on the mas}lah}ah review, it was found that  the benefits expected from the existence of high inheritance at this time have been  mixed with mafsadat because high inheritance is no longer functioning as it  should so that disputes often occur between family members. To achieve more  essential benefits and create peace in society, faraid rules are the only inheritance  law that Muslims should practice.
date: 2023-07-03
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/61830/1/20203011035_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/61830/2/20203011035_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Joshua Suherman, S.H, NIM.: 20203011035  (2023) ANALISIS MASLAHAH TERHADAP “KEWARISAN” HARTA PUSAKA TINGGI DI MINANGKABAU.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.