NILAI-NILAI KEADILAN DALAM PRAKTIK KEWARISAN BILATERAL PADA MASYARAKAT PIDIE ACEH

Syaibani, S.H, NIM.: 19203010066 (2023) NILAI-NILAI KEADILAN DALAM PRAKTIK KEWARISAN BILATERAL PADA MASYARAKAT PIDIE ACEH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Bilateral inheritance is a system of determining heirs by drawing two lineages, namely the father and mother. So, with a system like this, the position between boys and girls is the same. The phenomenon that the author encountered in the Pidie Aceh community uses a bilateral inheritance system using the concept of peunulang grants/hareuta. Hareuta peunulang is a gift given by parents to their children. The Pidie community distributes inheritance using customary law, namely by dividing it equally among the heirs. According to the understanding of the Pidie community, if the distribution of inheritance is done in a way that is equally distributed to all heirs, they will get the rights of the heirs fairly. Of course this is different from the principle of Islamic law which divides the concept of 2:1 between men and women in accordance with Qs. An-nisa' verse 21. With this difference in concept, the author is interested in learning more about bilateral inheritance distribution in the Pidie Aceh community with Hazairin's bilateral inheritance theory approach and Talcot Prason's social. The type of research conducted by the author is field research, with qualitative methods, the nature of this research is descriptive analytic research, the approach used by the authors is an empirical sociological approach with Hazairin bilateral inheritance and Talcot Parson Structural Functionalism, data sources consist of primary data and secondary data. Primary data, namely several traditional leaders and religious scholars of the Pidie community, Aceh. Secondary data, namely all kinds of rules, aceh customary law, literature books, journals, books and articles related to the focus of this research. Data collection techniques in research consist of observation, interviews, and documentation, as well as the framework used in data analysis is deductive and inductive methods. The results showed that: First, the distribution of inheritance to the Pidie Aceh community was carried out by way of grants/hareuta peunulang first, hareuta peunulang is a grant given by parents to their children as provisions for marriage. Furthermore, the remaining assets after the grant is taken are then distributed according to Islamic law, namely 2: 1, after which they are distributed as a family, if the results are not equal, then the son donates part of the property to the daughter so that the assets obtained are equally distributed between boys and girls. Second, the distribution of inheritance bilaterally in the Pidie Aceh community according to hazairin's view has fulfilled the values of justice, because the initial grant given by the parents is in accordance with the condition of the child. After that the distribution is carried out in accordance with Islamic law. When finished, it is only resolved in the family on the basis of willingness and mutual acceptance of each other's share equally so that there is no conflict. Third, structural functionalism as a reason for bilateral inheritance in the tradition of the Pidie Aceh community, that all elements in society must be in a dynamic balance, meaning that the division of inheritance is distributed equally. This can be seen in Talcot Parson's four imperative functions called AGIL, that the Pidie people are able to adapt well to customary law regarding bilateral inheritance distribution. In terms of bilateral inheritance, the objective is clear for equitable justice for the Pidie family/community. In terms of its integration, that all elements of society are interrelated with one another, the law used blends customary law, Islamic law and national law. The regulations are mentioned in the Pidie District Qanun Number 8 of 2011 concerning Gampong Government. Latency in bilateral inheritance is reflected in the relationship of mutual support for one another in maintaining the tradition of bilateral inheritance in the Pidie Aceh community.

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