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PENGELOLAAN TANAH ULAYAT PADA KELUARGA MUSLIM SUKU MARIND
In the 18th century, Islam entered the Merauke region and spread through marriage. Marind women were married to those who brought Islam to Merauke. The Marind Muslim community still adheres to customary inheritance laws passed down through generations of Marind ancestors. The Marind follow a patrilineal kinship system, meaning that only sons from the male line receive customary land management rights. The research method used is field research. The nature of the research used is descriptive analytical, the nature of the research is systematically, factually, and accurately describing phenomena based on field facts, then analyzing, interpreting, and comparing them using theory to solve current problems. Data collection techniques in this study were interviews and documentation. The approach used is the legal pluralism approach, namely a way of viewing and analyzing law that recognizes that in a social area or society, there is more than one legal system that applies simultaneously, not just state law. Data analysis in this study was conducted qualitatively using the inductive method. Based on research results, the Marind indigenous Muslim community still uses a customary inheritance system for the inheritance of customary land. The distribution of customary land management rights is carried out through deliberation or mutual agreement held in the traditional house. Those involved in the deliberation include the heir and heirs, the customary leader, and witnesses from other clans. In essence, the heirs who are entitled to management rights and the proceeds from the management of customary land are sons, as the Marind people adhere to a patrilineal kinship system. However, in practice, daughters receive rights to management and the proceeds from the management of customary land if their brothers are willing to share their share with their sisters. This indicates that customary law plays a more dominant role than Islamic law.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103050112 Nabila Hamasah Salsabila
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