ANALISIS MASLAHAH TERHADAP “KEWARISAN” HARTA PUSAKA TINGGI DI MINANGKABAU

Joshua Suherman, S.H, NIM.: 20203011035 (2023) ANALISIS MASLAHAH TERHADAP “KEWARISAN” HARTA PUSAKA TINGGI DI MINANGKABAU. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The treasures of the inheritance in the custom of Minangkabau are called harato pusako (treasure of heirloom). The inheritance of the treasury is inherited through the line of the woman, while the son does not inherit according to the custom of Minangkabau. The property inherited to the daughters is not owned individually but is owned by the people collectively (collectively), the right of ownership by the daughters is called “ganggam nan bauntuak” (given handle) which is only a limit of use not ownership. After the Islamic shariah began to be strong in Minangkabau as a consequence of the practice of Islamic Shariah, the inheritance of Minangkabau was divided into two: the treasure of heirloom and the treasure of livelihood. The treasures of heirloom is inherited in accordance with the law of custom and the treasures of livelihood are inheritated in conformity with the laws of faraid. This adult existence of heritage begins to change as the life pattern of Minangkabau society changes. Inheritance that is expected to be able to sustain family relationships and become a future investment, has now caused a lot of disputes in the family. The treasury which must be inherited in a faraid manner but which is transferred into treasure of heirloom is something wrong in nas. Therefore, it is necessary to pay attention to the level of assets contained in the customs inheritance in Minangkabau. This type of research is library research with a normative-sociological approach. The method of data analysis used is decryptive-analytical. In the method of data collection, authors use documentation or library study methods and then use the interview method for some data that is not available in written sources. The results of the research show that the customary inheritance of high inheritance which seems to violate the rules of faraid is basically not contrary to Islamic law, because the status of inherited assets is not in accordance with the status of assets that can be inherited by faraid. With regard to its function, the high inheritance has a moral function and a material function, the moral function is to strengthen the inner bond between members of the clan and the material function is to meet the needs of its members, but these functions are no longer felt by family members, because the management system is no longer in accordance with the lifestyle of today's society. Based on the mas}lah}ah review, it was found that the benefits expected from the existence of high inheritance at this time have been mixed with mafsadat because high inheritance is no longer functioning as it should so that disputes often occur between family members. To achieve more essential benefits and create peace in society, faraid rules are the only inheritance law that Muslims should practice.

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