Tinjauan Hukum Islam Terhadap Penerapan Hukum Waris Adat Di Desa Margajaya Kecamatan Lemahsugih Kabupaten Majalengka

  • Devi Nurmilasari Program Studi Ahwal al-Syakhshiyyah FAI UNISMA Bekasi
  • Yoyo Hambali Program Studi Ahwal al-Syakhshiyyah FAI UNISMA Bekasi
Keywords: Inheritance, Heir, Islamic Inheritance Law, Margajaya Customary Inheritance Law

Abstract

The application of inheritance law in the indigenous people of Margajaya, Lemahsugih Subdistrict,
Majalengka Regency, which basically still adheres to the customs and traditions that they follow from
their ancestors. The inheritance system used in Margajaya customary inheritance uses the Parental
system, in which the father and mother are equally strong, in terms of distribution and application of
inheritance to the Margajaya customarycommunity. This type of research is Field Research, and the
method uses the Mix Methods method. Namely a research method by combining qualitative research
methods with quantitative research in a research activity, so that more comprehensive, valid, reliable
and objective data will be obtained. The data used in this study are primary data obtained from
interviews and documentation while secondary data is obtained from Liberal Research. The samples
taken in this study were the followers of Packu, Akur and Segendong Sepikul, while for the population
they were more inclined towards the customary tradition, namely Akur. In data collection techniques,
researchers used interview data, observation and documentation. And for the Data Analysis Technique
in its stages, observation, editing, classification, re-verification, analysis and drawing conclusions.
The results of the study found that indigenous wans in Margajaya village are using parental customary
law which is only focused on children and adopted children. The share of the heir’s parents only as a
gift for his parents, is not included in the wansan. The distribution of the wansan property was often
postponed by reason of using the children until they got married. The factor behind the occurrence
of this interview is the lack of knowledge of Islamic legal rights. The implementation of the law that
occurs in Margajaya village, when viewed from Islamic law, is basically not in accordance with
Islamic law. Things like this are considered normal and common in Margajaya society because it is a
tradition from generation to generation and their ancestors. The custom that is used by the community
in the distribution of inheritance cannot be used as a legal benchmark because it is against Nash, even
though the purpose of an inheritance is carried out in accordance with Maqasıd Al Syan ah, namely
justice, it is still not acceptable to Islam

Published
2020-06-02