Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Vol 10, No 1 (2023): April

Inheritance Anomaly of Daughter “Batang Angkola” Based on Islamic Law and Common Law

Syahrini Harahap (Universitas Islam Negeri Sumatera Utara)
Syafruddin Syam (Universitas Islam Negeri Sumatera Utara)
Ramadhan Syahmedi Siregar (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
11 Apr 2024

Abstract

This study aimed to determine and analyze the distribution of Angkola customary inheritance to daughters. The type of research was field research, with a qualitative descriptive method, and the approach used legal sociology and a state approach. In contrast, the data types used consisted of primary and secondary data. The findings were that the kinship system used by the Angkola tribe in the distribution of inheritance adheres to a patrilineal kinship system, so with this patrilineal system, the position and inheritance rights of daughters are not recognized by Angkola custom. Even though they are not classified as heirs, daughters can still get a share of their parent's inheritance utilizing Olong Ate, namely giving love from a brother to his sister without a nominal amount. With the concept of Olong Ate, the share received by Daughter cannot be determined; the share for Daughter may be less, more, or equal to the share for boys. If Daughter's share is equal to or bigger than the boys, then there is a clash between Angkola customary and Islamic inheritance laws

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Journal Info

Abbrev

mizani

Publisher

Subject

Description

Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and ...