PRAKTIK PEMBAGIAN TINGGALAN MASYARAKAT SAMIN DUSUN JEPANG DESA MARGOMULYO KECAMATAN MARGOMULYO KABUPATEN BOJONEGORO (STUDI KEARIFAN LOKAL)

M. Ilham Fajry Akbar, NIM.: 20203012074 (2022) PRAKTIK PEMBAGIAN TINGGALAN MASYARAKAT SAMIN DUSUN JEPANG DESA MARGOMULYO KECAMATAN MARGOMULYO KABUPATEN BOJONEGORO (STUDI KEARIFAN LOKAL). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Samin community in Jepang Hamlet located in Margomulyo Village, Margomulyo District, Bojonegoro Regency, is the westernmost part of this regency. The livelihood of most Samin people is as rice farmers. The peasants in Jepang Hamlet recognized and knew the existence of treasures. Regarding inheritance, the Samin people know him by the term tinggalan. Overall, the Samin people do not know the term inheritance. In addition, the concept of Samin inheritance law is different from the inheritance law in Islam. According to the inheritance law of the Samin society, basically all children, both boys and girls, have the same right to their parents’ inheritance, even the Samin people do not mind religious differences in receiving inheritance, because all humans are the same descendants, namely from Adam. In another context, in reality there is a point of relevance and relationship between Islamic heritage and indigenous heritage, so the formulation of the issue raised is how do the sources and methods of obtaining knowledge about the practice of dividing the heritage of the Samin people?, how the benchmark of truth to the practice of sharing the heritage of the Samin people?, and how is the relevance of the practice of sharing the heritage of the Samin people to the law of Islamic inheritance in Indonesia?. This type of research is field research with an empirical approach. While the data analysis method used is descriptive analytic. In the data collection method, the compiler uses data sources from interviews, observations, and documentation as well as books and articles as complementary data. The conclusion of the study shows that the practice of dividing the heritage of the Samin community of Japanese Hamlet, Margomulyo Village, uses the Samin customary inheritance law, which in local wisdom gives rise to a source of knowledge derivedfrom the pitutur and teachings of Samin Surosentiko, has long been believed by the Samin community with the method of equal division between male heirs and female. The benchmark of the thinking of the Samin people tends to correspond to the theory of coherence so that its truth is coherent and harmonious between logical statements and statements of fact and history before (that is, through empirical research to generate instrumental types of knowledge of inheritance). Then the relevance of the Islamic inheritance system to the customary inheritance of the Samin people is on the status of adopted children or stepchildren, which is not included in the list of legal heirs of islamic inheritance law. So even if the heir has no biological children, the adopted child or stepdaughter still cannot occupy as a biological child. They cannot inherit the entire estate or only part of the property of the adoptive parents or abandoned step-parents. Although related to cases like this in Islam, a will mustbe applied as part of the property that an adopted son is entitled to, as stated in the rules of the Kompilasi Hukum Islam (KHI), but the Samin community does not apply the rule.

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