Media Iuris
Vol. 8 No. 3 (2025): MEDIA IURIS

The Developing of Minangkabau Customary Inheritance

Judiasih, Sonny Dewi (Unknown)
Kusmayanti, Hazar (Unknown)
Rajamanicham, Ramalinggam (Unknown)
Artiana, Maureen Maysa (Unknown)



Article Info

Publish Date
24 Oct 2025

Abstract

The matrilineal kinship system draws a female line. The problem of inheritance law becomes more complex if it occurs within the Minangkabau Indigenous Community. This is motivated by the fact that the Minangkabau Indigenous People are devout followers of Islam; they also have strong customary laws with matrilineal lineage and collective inheritance systems. The author uses a juridical-normative research method, while the research specification is descriptive and analytical. The data obtained was analyzed using qualitative juridical methods. In several inheritance disputes, judges of the Religious Courts in West Sumatra have applied the principle of “Adat Basandi Syarak, Syarak Basandi Kitabullah.” In implementing the inheritance system, Minangkabau customary law aligns with Islamic law without eliminating the values of the adat. The existing customary law must be subordinate to Sharia, that is, Islamic law derived from the Qur’an and Sunnah as the Kitabullah. Every customary rule must not deviate from Islamic Sharia, including inheritance law. In addition to following customary provisions, inheritance must also be in accordance with Islamic inheritance law, in this case, Faraidh.

Copyrights © 2025






Journal Info

Abbrev

MI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Media Iuris E-ISSN (2621-5225) is an open-access-peer-reviewed legal journal affiliated with the Faculty of Law of Airlangga University, which was published for the first time in 2018 in the online version. The purpose of this journal is as a forum for legal scholars, lawyers and practitioners to ...