Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia

Research Article

The Analysis of Inheritance Property Distribution in The Perspective of Minangkabau Customary Law and Islamic Law

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  • @INPROCEEDINGS{10.4108/eai.30-10-2021.2315733,
        author={Novi Asih Muharam and Suparno Suparno},
        title={The Analysis of Inheritance Property Distribution in The Perspective of Minangkabau Customary Law and Islamic Law},
        proceedings={Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2022},
        month={1},
        keywords={inheritance; minangkabau customary law; islamic law},
        doi={10.4108/eai.30-10-2021.2315733}
    }
    
  • Novi Asih Muharam
    Suparno Suparno
    Year: 2022
    The Analysis of Inheritance Property Distribution in The Perspective of Minangkabau Customary Law and Islamic Law
    MIC
    EAI
    DOI: 10.4108/eai.30-10-2021.2315733
Novi Asih Muharam1,*, Suparno Suparno1
  • 1: Universitas Borobudur, Jakarta, Indonesia
*Contact email: novighezhaa@gmail.com

Abstract

Indonesia is a country with many ethnic groups that the cultural diversity and habits of its people also affect the norms formed in each ethnic group in Indonesia. In certain areas, people usually still use the prevailing customary law system. For example, the Minangkabau tribal community still adheres to Minangkabau customary law. First of all, it is essential to know the marriage system and the position in the kinship because the inheritance system in the Minangkabau indigenous people is essential before discussing further the division of inheritance in the Minangkabau indigenous people. In the Minangkabau indigenous people, the marriage system applied is called exogamous marriage and uses a matrilineal kinship system. Minangkabau's customary inheritance law contains two inheritance systems: collective inheritance for high inheritance and individual inheritance for low inheritance. The rules for the distribution of estate were based on meetings and seminars held in 1952 and 1968. Of course, the distribution of inheritance must be found on the principles, principles, and existing legal provisions to ensure legal certainty, benefits, and justice for the heir community.