<![CDATA[ABSTRACT: In Minangkabau custom, pusaka tinggi (ancestral property) is understood as the collective wealth of a kinship group (kaum), passed down through generations along the matrilineal line; it cannot be subdivided into private ownership. This logic contrasts with the Compilation of Islamic Law, which governs the distribution of a decedent’s estate to individual heirs on a bilateral basis—a discrepancy that frequently leads to disputes when the status of such property is challenged in court. This paper examines how pusaka tinggi is constructed under customary law and how its status should be interpreted within the framework of the Compilation. Employing a normative legal approach, the study analyzes relevant regulations, key concepts, and Supreme Court precedents. The findings indicate that pusaka tinggi does not fall under the definitions of a decedent’s estate or inheritance as stipulated in Article 171 of the Compilation; because the property was never privately owned by the deceased, it does not constitute tirkah (an estate subject to faraid—Islamic inheritance distribution). This exclusion finds a basis in Islamic law through the recognition of valid custom (‘urf) and by drawing a parallel to family waqf (endowments), although the two concepts are not identical. While Supreme Court rulings generally uphold the authority of the kinship group over pusaka tinggi, instances still occur where such property is divided according to faraid. To address this, three steps toward harmonization are proposed: identifying the specific nature of the disputed property, applying the appropriate legal framework based on that classification, and registering the kinship group’s customary land (tanah ulayat) in the name of the customary collective.]]>
