KEDUDUKAN ANAK PEREMPUAN DALAM PEMBAGIAN HARTA WARISAN ADAT DITINJAU DARI HUKUM ISLAM

Abstract

The Siru Village community is a community that is still thick with the habits carried out by the previous ancestors, especially in the distribution of inheritance. In the days of the ancestors, men were more important than women in the distribution of inheritance, as is the case in Siru Village today where men are more entitled to the inheritance left by their relatives and parents. This is very different from the inheritance law which is regulated in Islamic law. In Islamic law, men and women have the same rights in obtaining inheritance, only the difference lies in the amount of property obtained. 

Based on the background above, the researcher formulates several problems, namely first, what are the factors that girls do not become heirs, second, how is Islamic law reviewing the distribution of customary inheritance in Siru Village, and third, what is the impact on girls after division of inheritance.

The method used in this research is a qualitative method with an empirical approach and case studies. Those involved in this research were traditional leaders in Siru Village, educational leaders, religious leaders, community leaders, and village officials. 

From this research it can be concluded that the people of Siru Village, make men as heirs due to several factors. The first factor is that the Siru Village community adheres to a patrilineal system that follows the father's lineage, the second is the history of ata peang (girls) and ata one (boys), and the third is the existence of belis or paca for boys before marrying children. person.

Judging from the view of Islamic law this is very contradictory. This is because in Islamic law it has been regulated in detail about the distribution of inheritance, in which it has been explained that men and women have the same rights in the distribution of inheritance, namely as heirs.

Keywords: Islamic Law, Customary Law, Customary Heritage