Jurnal Kajian Hukum dan Sosial
Vol 19 No 2 (2022)

Sharing the Heritage of the Simalungun Batak Community: Realities and Implications

Muhammad Zuhirsyan (UIN Sumatera Utara)
Pagar Pagar (UIN Sumatera Utara)
Ansari Yamamah (UIN Sumatera Utara)



Article Info

Publish Date
28 Dec 2022

Abstract

This study aims to determine the pattern of implementation of the distribution of inheritance by the Muslim community of the Simalungun Batak tribe in North Sumatra in terms of the reality and implications involved. The research model in this study is qualitative, while the approaches used are fiqh muamalah and family law approaches. Data were obtained from in-depth interviews and field observations by observing the application of inheritance law in the Muslim community of the Simalungun Batak Tribe then analyzing the pattern of distribution and utilization of inheritance. The results of this study indicate variations in the pattern of implementation of the distribution of inheritance carried out by the Muslim community of the Simalungun Batak Tribe in North Sumatra. Some people are reluctant to sell heritage assets and choose to keep them to preserve culture. Some choose the inheritance distribution based on faraid law, deliberation, fair distribution, or rely on the provisions given by their parents during their lifetime. The division through deliberation can be done if it is not intended to conflict with Islamic inheritance law. It is also possible to divide the share for each heir with an equal share if it follows the instructions of the Islamic Compilation Law and takharruj instructions.

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...