PERSPEKTIF HUKUM ISLAM TERHADAP SISTEM KEWARISAN ADAT DESA BRAJA SELEBAH

Abstract

Inheritance law occupies a very important place in Islamic law. Since the urgency, the Al-Qur'an (An-Nisa verse 11, 12, and 176] set inheritance laws rigidly. This is understandable because the legacy is­sue is a part of every human life. Unless the law of inheritance directly related to property which if not given proper and correct provision, very easily lead to disputes among heirs. In the history of Islamic law in Indonesia since the reign of the Dutch East Indies until now has given birth to some point of tangency. Next, the point of tangency is put for­ward as theories related to the reality faced by Islamic law. When Is­lamic law would inculcate its values as a basis for legal awareness that govern public order, it was confronted with the same values awareness of customary law, including inheritance laws. Indigenous peoples of Selebah Braja Village, East Lampung District, has its own way in solving the legal relationship relating to property caused by someone who died with family members left behind. They embrace male mayorat system, ie when the oldest son died when the heir or the eldest son (or offspring of men) is the sole heir. The oldest boy who had grown up will be a substitute for parents who have died, but not the owners of heritage property in person, he serves as the holder of the mandate that parents have an obligation to take care of other family members left behind, including inheritance.

Based on the above explanation, the study sought to uncover what the background of the implementation of the customary inherit­ance system on Selebah Braja Village community, how the practice of inheritance is viewed from the perspective of Islamic law, and how to influence the implementation of the inheritance system of inheritance issues in Indonesia. This research using a normative-sociological ap­proach. Normative approach is intended to explore the reasons that used in the implementation of the customary inheritance system based on legal norms in force, while the sociological approach to see the reality of life in Selebah Braja Village community in implementing the system of inheritance. Based on the research that authors do, it can be concluded that: First, because it adopts a male mayorat, automati­cally all the estate fell to the eldest male, only on a particular property such as land, still held the distribution to other heirs. It aims to provide subsistence for the heirs. Secondly, systems and practices of the divi­sion of inheritance in the village of Braja Selebah incompatible with fara'id. However, based on tasamuh, it is permissible because it fits with the concept of the establishment of Islamic law that is the realiza­tion of well-being of the ummah.