Tunggu Tubang as a Method for Peaceful Inheritance Distribution of Semende Indigenous Peoples

Muntaqo, Firman (2021) Tunggu Tubang as a Method for Peaceful Inheritance Distribution of Semende Indigenous Peoples. Dejure Jurnal Hukum dan Syariah, 13 (1). pp. 53-66. ISSN 2085-1618 / 2528-1658

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Abstract

Tunggu Tubang is a system of komunal woman inheritance in Semende Islamic society, which is still used today. This article aims to describe the position of Tunggu Tubang as the institution of the Customary Inheritance system and its relation to Islamic inheritance law. This research is classified as qualitative research, combining normative and empirical legal research. The results of this study indicate that Tunggu Tubang is a part of the implementation of Islamic inheritance law based on urf (habit), which has beneficial benefits (maqashid syariah) for managers and families, to be continued to generations of children and grandchildren and the preservation of the function of inheritance. Customary Inheritance Law with Tunggu Tubang Institution is an optional option, as a lex specialis Islamic inheritance law is based on the heirs agreement for islah (peace) in the distribution of inheritance, if they do not agree, they must return according to the provisions of Islamic Inheritance Law.

Item Type: Article
Uncontrolled Keywords: tunggu tubang; Islamic inheritance; adat law.
Subjects: K Law > K Law (General) > K3400-3431 Administrative law
Depositing User: Firman Muntaqo
Date Deposited: 01 Dec 2021 09:17
Last Modified: 01 Dec 2021 09:17
URI: http://repository.unsri.ac.id/id/eprint/58397

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