SISTEM KEWARISAN ADAT ANAK LAKI-LAKI DAN PEREMPUAN DI DESA PADANG KAHOMBU KECAMATAN BATANG ANGKOLA KABUPATEN TAPANULI SELATAN

Tenggo Subangun Harahap, S.H, NIM.: 20203012104 (2023) SISTEM KEWARISAN ADAT ANAK LAKI-LAKI DAN PEREMPUAN DI DESA PADANG KAHOMBU KECAMATAN BATANG ANGKOLA KABUPATEN TAPANULI SELATAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Death is an event that can cause legal consequences, including the birth of rights and obligations between the heir and his heirs. In terms of inheritance, one of the studies that often becomes a problem is the inheritance of boys and girls. In Islamic inheritance, the provisions for inheritance between sons and daughters are in the ratio of 2:1 as stated in Qs. An- Nisā verse 11. In practice in the community, not all Muslim communities share inheritance according to the rules of Islamic inheritance law, but it is often found that inheritance is carried out based on local customary law, such as the customary inheritance of sons and daughters in Padang Kahombu Village, Batang Angkola District, South Tapanuli Regency, which so far still exists and applies to the local community, whose customary inheritance law rules are very different from Islamic inheritance law. The formulation of the problem in this research is how is the practice of dividing the customary inheritance of boys and girls in the village of Padang Kahombu, what is the review of gender theory on the practice of dividing the customary inheritance and how is the legal review responsive to the customary inheritance practices of boys and girls in the village community Padang Kahombu. This research is a field research (field research) which is analytical descriptive in nature, namely finding out how the implementation of the distribution of customary inheritance for boys and girls in Padang Kahombu Village will then be analyzed through the theory of gender equilibrium and responsive law to achieve the results of the research objectives. The approach used is a sociological historical approach and the data collection method used is through interviews, observation and documentation. The results of the study show that the implementation of customary inheritance for boys and girls in Padang Kahombu Village, Batang Angkola District, South Tapanuli Regency, which has been in effect so far, is considered less relevant to the present, considered gender biased and discriminatory because it gives a relatively small portion of inheritance to women. Analysis through responsive law to changing times and developments in human behavior makes it possible to need to reconstruct customary inheritance laws in the Padang Kahombu Village community for the purpose of substantial justice, understanding the rule of law by setting aside procedural legal texts and understanding the law itself contextually by not eliminating the essence The purpose of making the law itself is for the benefit.

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