KEDUDUKAN ANAK PEREMPUAN DALAM KEWARISAN DI DESA SEGOROYOSO KECAMATAN PLERET KABUPATEN BANTUL MENURUT PANDANGAN TOKOH AGAMA DAN TOKOH ADAT

Qortun Nada Alfiyana, NIM.: 19103060032 (2024) KEDUDUKAN ANAK PEREMPUAN DALAM KEWARISAN DI DESA SEGOROYOSO KECAMATAN PLERET KABUPATEN BANTUL MENURUT PANDANGAN TOKOH AGAMA DAN TOKOH ADAT. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The position of daughters in inheritance law is still a matter of debate in Indonesian society, which as is known refers to three laws, namely Positive Law, Islamic Law and Customary Law. Customary law in Indonesia also has its own rules in its laws. One of them is Javanese custom in Segoroyoso Village, Pleret District, Bantul Regency, which has its own view of the position of daughters in inheritance law. However, Segoroyso Village also adheres to Islamic Inheritance Law. The main problem in this research is what is the position of girls in inheritance in Segoroyoso Village, Pleret District, Bantul Regency according to the views of religious and traditional leaders. The research method used to analyze the problem above is using a qualitative method by conducting observations, namely by conducting interviews with religious leaders, traditional leaders, subdistrict officials and residents. The primary sources used are the results of interviews, while the secondary sources used come from books, textbooks and journal articles related to this research. Then, the main problem is researched using the Ushul Fiqh approach and analyzed using the 'Urf theory. This research produced several findings, including that the position of girls in inheritance according to religious figures in Segoroyoso Village, Pleret District, Bantul Regency is divided into three possibilities, including first, girls get 1/2 share, namely. if he is alone, it means there are no sons, and no other daughters (if there is only 1 daughter). Second, he gets the remainder of the inheritance after distributing it to other heirs, namely if there are sons. Third, the division is that a son gets twice the share of a daughter. He gets ⅔ of the share, that is, if there are 2 or more daughters and the share is shared equally with the other daughters, while the position of daughters in inheritance is according to traditional figures in Segoroyoso Village, Pleret District, Bantul Regency was returned to their respective families. This is because the inheritance distribution system used by the people of Segoroyoso Village, Pleret District, Bantul Regency mostly uses distribution using a kinship system, in other words the distribution of inheritance is handed over to each family which they think is fair.

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