IMPLEMENTASI PEMBAGIAN WARIS DALAM HUKUM POSITIF DAN HUKUM ISLAM PADA MASYARAKAT PEDESAAN (STUDI KASUS DUSUN MUNING DESA SELODONO KECAMATAN RINGINREJO KABUPATEN KEDIRI

Abstract

The purpose of this study is to describe the perceptions of the people in Selodono village about the distribution of inheritance in positive law, to describe the distribution of inheritance in Islamic law, and also to describe the implementation of inheritance distribution in the community in Selodono village. Cases concerning the distribution of inheritance in Selodono village are mostly resolved using Islamic law and customary law so that the role of the village head, muhdin, kyai, and other village officials is very important in determining how to resolve cases of inheritance distribution in the community. This is what makes researchers interested in examining more deeply about how people carry out inheritance distribution, whether by positive law or by Islamic law. This research uses research that goes directly to the field (field research), researchers do not fully go into the field as objects but researchers also make observations. And in this study using observations (observations), interviews, and documentation. The conclusions of this study are (1) the public's perception of the distribution of inheritance in positive law is very agree because the distribution is considered fair and equal, but in practice only a few people use positive law (2) the public's perception regarding the distribution of inheritance in Islamic law is that the majority are religious people Islam and believe in and carry out Islamic law in full including in the distribution of inheritance (3) the implementation of inheritance distribution in the Selodono village community is the majority using Islamic law as a guideline in inheritance distribution

 Keywords: Inheritance, Law, Community, Village