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All Journal Mutawasith: Jurnal Hukum Islam
Marizal Putra, Roni
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Religion

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Reaktualisasi Hukum Adat Minangkabau dalam Praktik Sewa Hak Pakai Tanah: Sebuah Analisis Sosiologi Hukum Islam Marizal Putra, Roni; Hanani, Silfia
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1463

Abstract

The Minangkabau customary law, as one of the oldest customary legal systems in Indonesia, has a unique land management mechanism, particularly through the concept of ulayat land which is collectively managed by clans or tribes. The practice of leasing land use rights is one form of utilizing this ulayat land. However, the understanding of the community and government officials regarding ulayat land is not uniform, leading to conflicts related to its status and management. This study aims to analyze the re-actualization and contextualization of Minangkabau customary law in the practice of leasing land use rights through an Islamic legal sociology approach. The research method used is qualitative with literature study and document analysis, including Minangkabau customary texts, fiqh books, legislation, and scholarly journals. The research results show that the practice of leasing land use rights in Minangkabau is still influenced by local traditions, although modernization and globalization have changed land ownership patterns from communal to individual.
Co-Authors Silfia Hanani