Analysis Of The Application Of Customary Inheritance Law And Islamic Inheritance Law In The Community Seberang Jambi City

Abstract

There is still pluralism in regulations regarding inheritance, namely Islamic inheritance law and civil inheritance law. Civil inheritance law is subdivided into civil inheritance law subject to the Civil Code and civil inheritance law subject to customary inheritance law (derived from customary inheritance law which each region differs). The diversity in the law cannot be separated from the classifications in society that have been carried out since colonial times. This division of the classification of Indonesian residents is based on article 131 IS and Article 163 IS. (Indische Staats Regeling). The people Seberang Jambi City are one of the community communities of Jambi city whose population is predominantly Muslim. In dividing their inheritance, they have varied guidelines, some are guided by Islamic inheritance law, some are guided by customary inheritance law . But the majority of the people prefer customary inheritance laws. However, in practice the implementation of the division of inheritance assets uses Islamic inheritance law, customary inheritance law and grants. The objectives of this study are: 1. To determine the mechanism for the division of inheritance assets in the people Seberang Jambi City. 2. To find out the application of the law in the community Seberang Jambi City in obtaining legal certainty. This research uses Qualitative research, a type of case study research, data collection is carried out by interviews, observations in the field, and documentation. After the data is obtained, the data is analyzed and the results can be concluded that the mechanism for the division of inheritance in the community Seberang the city of Jambi is : First, determining the division of inheritance if the husband and wife are single and wife more than one, then separating The inheritance becomes 3 parts, namely : heavy property, light property and Seko (nobility title), Secondly, the application of the law of division of heirs Seberang the city of Jambi is that all heirs agree to divide the heir property by combining customary inheritance law and Islamic Inheritance law which is based on the belief that they have carried out the customary law that they have had for generations but does not abandon the Islamic inheritance law as the basis of the religious beliefs they profess and believe in. All research results are poured in the form of neatly arranged and detailed writing. Research Limitations because some respondents did not want to provide detailed information, looked suspiciously at the author, felt that there was nothing wrong in the practice of dividing inheritance in his area or in his village.