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THE MAYORAT SYSTEM OF THE MAYORAT IN THE PERSPECTIVE OF ISLAMIC LAW AND THE EFFECT OF THE MUSLIM COMMUNITY (Study at Karya Penggawa Subdistrict of Pesisir Barat of Lampung Province)


AHMAD BAIHAQI, NIM: 1440201262, Title: THE MAYORAT
SYSTEM OF THE MAYORAT IN THE PERSPECTIVE OF ISLAMIC LAW AND
THE EFFECT OF THE MUSLIM COMMUNITY (Study at Karya Penggawa
Subdistrict of Pesisir Barat of Lampung Province)
Inheritance is a treasure of the relics of the parents then passed down to his heirs. the
pattern of distribution of inheritance of Indonesia, some are using customary law and some
are according to Islam or the division according to the science of pharaid which is contained
in the Compilation of Islamic Law (KHI). One form of customary inheritance is the
inheritance of the adat majority of men who are located in Penggawa District of Kab. West
Coast of Lampung Province. The question of inheritance, often arises to be one of the most
crucial and sensitive issues in a family. Man's natural attraction to wealth often triggers the
transformation of something that was originally a gift of destruction to the family
The formulation of the problem in this thesis research is How is the system of division
of inheritance according to adat law of major of men and of Islamic law in Penggawa District
of West Coast Regency of Lampung Province ?, How is the customary law status of male
major in the view of Islamic law in Kecamatan Karya Penggawa West Coastal District of
Lampung Province ?, How is the influence of customary inheritance of major male to Muslim
society in Penggawa District West Coastal District of Lampung Province?
The purpose of this thesis is to find out the system of division of inheritance according
to the adat law of major men and Islamic law in Penggawa District of West Coast Regency of
Lampung Province, to know the status of customary law of male heir's inheritance in the view
of Islamic law in Kecamatan Karya Penggawa West Coastal District of Lampung Province, to
determine the influence of customary inheritance of male mayorat to Muslim community in
Penggawa District West Coastal District of Lampung Province.
Research methodology used is by using qualitative method, with type of descriptive
analytical research that is research by using secondary data in the form of legislation, legal
theories and interview. This study also uses a case approach located in Penggawa District
West Coast District
The conclusion drawn from this thesis research is the system of division of inheritance
according to the adat law of major men and Islamic law, that the division of inheritance
according to the customary law of the major men is the inheritance to be the fullest rights of
the eldest son, he as the sole beneficiary who inherited all the treasures of his ancestors. While
the system of division of inheritance according to Islamic law is in accordance with the
Qur'an Q.S. An-Nisa: 11-12, 176, or according to the science of pharaid. The status of
customary law of the male major's inheritance in the view of Islamic law in Penggawa District
West Coastal District of Lampung Province is the pattern of division of inheritance as it is
already contrary to Islamic law, which should be divided based on the pharaid science in
accordance with Islamic Shari'ah. The influence of customary inheritance of major male to
Muslim community in District Penggawa West Coastal District of Lampung Province that
custom made in society is not a problem and become maslahat among families, in principle
al-'adah al-sahihah because it is accepted by all people but there is the dependency of his
brothers on the first son and after having their respective families then will leave the
hometown or out of the place of his parents who have become the right of the first boy
Ahmad Baihaqi - Personal Name
TESIS HKI 15
TESIS HKI 15
Text
English
PROGRAM PASCASARJANA UIN SULTAN MAULANA HASANUDDIN BANTEN
2018
Serang Banten
21.5cm, 28cm, 168hlm
TESIS HKI 15
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