PRAKTIK PEMBAGIAN WARIS MASYARAKAT SUKU BUGIS KABUPATEN SIDRAP TERHADAP ANAK BUNGSU PEREMPUAN (ANALISIS HUKUM WARIS ISLAM DAN HUKUM WARIS ADAT)

Andi Nur Fadini Putri, NIM.: 20103060045 (2024) PRAKTIK PEMBAGIAN WARIS MASYARAKAT SUKU BUGIS KABUPATEN SIDRAP TERHADAP ANAK BUNGSU PEREMPUAN (ANALISIS HUKUM WARIS ISLAM DAN HUKUM WARIS ADAT). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research is a reality of the Bugis Sidrap community in terms of inheritance distribution. This division of inheritance is a community custom that has become customary law. In practice, the division of inheritance of the Sidrap Bugis community is specific to the youngest female child. However, this is inversely proportional to the provisions of Islamic faraidh. So the aim of this thesis is to answer the comparison of customary law and Islamic law in the inheritance of the Bugis Sidrap community. This research uses an ushul fiqh approach, namely using the theory of 'urf and maslahah. The type of research used is field research. Field research was used to obtain information related to the process of implementing inheritance practices of the Sidrap Bugis Tribe and the views of ulama and traditional leaders in Sidrap Regency. Therefore, the data collection used in this research came from religious leaders, traditional leaders, and the community concerned, in this case the youngest female child. The results of this research explain that the distribution of inheritance to the youngest female child of the Bugis Sidrap tribe receives more inheritance compared to other siblings. This form of specialization is based on several factors, namely, the youngest child has the responsibility to care for his parents so that he is given special inheritance rights, the factor of living with his parents and thirdly the equal position of girls and boys in the Bugis Sidrap community. One of the principles of inheritance in Customary Law is the principle of harmony and peace, this is what causes the inheritance practice of the Bugis Sidrap community to still be relevant and maintained because it contains the values of peace and benefit in the family so that this has become a tradition for the Bugis Sidrap community. From the perspective of customary law, this inheritance practice is used by some Bugis Sidrap communities and others use the senikul-segendong principle, where this principle is influenced by Islamic law. This is the basis that the Bugis Sidrap inheritance practice cannot be said to be Customary Law because this practice is not a binding obligation for the Bugis Sidrap indigenous community. In a different view, Islamic Inheritance Law is based on the science of faraidh which determines and determines the 2:1 division for sons and daughters in inheritance. However, the description of the suitability of the inheritance practices and methods of the Bugis Sidrap tribe does not apply this, but has the same values in the distribution of inheritance, namely certainty, justice and benefit.

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