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SISTEM KEWARISAN BILATERAL DAN HAK ISTIMEWA BAGI ORANG YANG MERAWAT PEWARIS (STUDI PRAKTIK PEMBAGIAN WARISAN PADA MASYARAKAT DAYAK SENGANAN DI DESA NANGA NUAK, KECAMATAN ELLA HILIR, KABUPATEN MELAWI)
Dayak Senganan is a term for Dayak people who are Muslim. In traditional practice, they have not fully adopted Dayak customs, but have been integrated with Malay customs. This is reflected in the various customary rules that they apply, one of which is the distribution of inheritance, which uses a bilateral inheritance system, where inheritance is obtained from the lineage of the father and mother. In addition, there is a customary provision that gives privileges to the person who takes care of the heir until the end of his life, in the form of a larger share than the other heirs, while, in Islamic inheritance law, the share of each heir has been clearly defined. Therefore, the researcher considers it important to examine the inheritance practices of the Dayak Sengan community, in order to understand how the principle of justice in local customs and how these customs interact with the provisions of Islamic law in the distribution of inheritance. This research is a type of qualitative research that is descriptive-analytical. Furthermore, the approach used is normative-sociological. The data sources consist of primary data, namely interviews with traditional leaders, religious leaders, and village heads, as well as secondary data obtained from relevant literature. Data collection was carried out through observation, semi-structured interviews, and documentation, while data analysis was carried out through data reduction, presentation, and conclusion drawn. Meanwhile, the theories used in this study include John Rawls's theory of justice and the theory of 'urf. The results of the study show that the bilateral inheritance system and the granting of privileges to people who take care of heirs in the Dayak Senganan community in Nanga Nuak Village are carried out hereditary through deliberation after the heir dies. Within the framework of John Rawls's theory of justice, this system can be understood as the application of Fair Equality of Opportunity, because each heir has an equal opportunity to obtain a share, as well as Pure Procedural Justice, because the decision of division is born from a fair and mutually accepted deliberation process. Furthermore, this customary practice is also in line with Islamic law, because it has fulfilled the harmony and conditions of inheritance and belongs to the category of ʿurf, namely ʿurf 'amalī, because it is in the form of real deeds; ʿurf khāṣṣ, because it is applicable specifically in the Dayak community of Senganan; and ʿurf ṣaḥīḥ, because it is in line with the sharia.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
SISTEM KEWARISAN BILATERAL DAN HAK ISTIMEWA BAGI ORANG YANG MERAWAT PEWARIS (STUDI PRAKTIK PEMBAGIAN WARISAN PADA MASYARAKAT DAYAK SENGANAN DI DESA NANGA NUAK, KECAMATAN ELLA HILIR, KABUPATEN MELAWI) (Text)
SISTEM KEWARISAN BILATERAL DAN HAK ISTIMEWA BAGI ORANG YANG MERAWAT PEWARIS (STUDI PRAKTIK PEMBAGIAN WARISAN PADA MASYARAKAT DAYAK SENGANAN DI DESA NANGA NUAK, KECAMATAN ELLA HILIR, KABUPATEN MELAWI) (Other)
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