HUKUM ISLAM DAN HUKUM ADAT (STUDI PEMBAGIAN HARTAWARIS MASYARAKAT SEBERANG KOTA JAMBI)

YULIATIN, NIM. 09.3.770 (2015) HUKUM ISLAM DAN HUKUM ADAT (STUDI PEMBAGIAN HARTAWARIS MASYARAKAT SEBERANG KOTA JAMBI). Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Inheritance is one of the important aspects of civil law, especially that is rdared to the transfer of property ownership rights of the decedent to the heir. This o ~ urs partly because the system and form of inheritance la\v is closely connected o the kinship system and form in the local community, including he Muslim community. Islamic inheritance law sets the property ownership transfer from 3 person who died (the decedent) to the survivors (the heirs). It is part of Islamic aw which is set out in the Qur'an and sunnah. llovvever, its implementation in the ~o m munity is often faced with the problems not explicitly described in the texts, so \!uslims with their reasoning try to interpret these texts. It also happens in -he middle of Seberang community of .Jambi. The Seberang community of Jambi is one of the communities vvhose maj ority of population are Muslims. They implement different ways of division of in heritance. Some use the Islamic law. while some others use customary law. In fact, the local people tend to prefer the customary law to the Islamic law. Based on the reality, the problems of this study are formulated as below. 1. l•Iow is the kinship system of Seberang community of Jambi? 2. How is the implementation of the division of the inheritance with Islamic inheritance law, customary inheritance law and grants among the Seberang community of Jambi? 3. \Vhat are the factors that encourage people of Seberang community of Jambi to carry out the division of the inheritance using the Islamic inheritance law, the customary inheritance law, and grants? This research was conducted with the approach of social history of Islamic law, using a qualitative descriptive analysis. This means that the researcher portrayed the local community kinship system, the implementation ofthe division of inheritance, and factors driving the implementation of the division of the inheritance vvith custornary law. This study used observation. interviews. and documentation technique in collecting the required data. •rhe collected data were analyzed with the theory of descent system, receptie in complexu, and receptie. The analysis obtained the following results: 1. •rhe kinship system of Seberang community of .Jambi was bilateral. 2. The implementation of the division of the inheritance in Seberang, Jambi , could be classified into 3 groups: those using the Islamic inheritance law, the customary inheritance law, and grants. 3. The factors driving Seberang society of .Jambi to carry the division of the estate in various ways were different understanding of the inheritance law, fast holding to the traditions. and strengthening of the social system. • The scientilic contribution of this study is that so far Indonesian society in general appreciate Van den Berg's theory supported by Hazairin . lJ nexpceteclly. this study does not support this view. but it rather supports Snouck 's theory as it turns out in the field that the l'v1uslim community do not always implement Islamic law, especially in the division ofthe estate. The custom is cxtrerncly intlu cnt ial in the life of individuals and communities even more than the religious law. Resolving the problem of religion is not enough using only the reli gi ous aspect alone, but it also needs customary law.

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