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The Process of Dispute Settlement of Inheritance in Indigenous People Minangkabau, Luhak Nan Tuo, Tanah Datar

Iska S.

Abstract


This research was aimed at describing the process of dispute settlement of inheritance in indigenous people

Minangkabau, Luhak Nan Tuo, Tanah Datar. This research was qualitative case study. The data were obtained through in-
depth interview to each informant. All of the data found were analyzed qualitatively based on Islamic law perspective (Fiqh

Mawarits/Faraidh), cultural and sociological. The results revealed that there were eight Nagari ever have disputes of

inheritance, Rambatan, Tanjung Baru, Salimpauang, Tabek Patah, Tabek Pariangan, Sungai Jambu Pariangan, Sumanik, and

Barulak and in each village has only one case. While the case type was not only low inheritance, but also a high inheritance.

Related to Minangkabau indigeous philosophy “Adat Bersendikan Syara’, Syara’ Bersendikan Kitabullah (ABS-SBK)” and

Islamic law (Fiqh Mawarits/Faraidh) the Inheritance dispute should be resolved gradually from Mamak Saparuik. If the

problem was not resolved, it is brought to Ninik Mamak. If it was not also resolved at that level, then the case is taken to the

board density of indigenous (KAN). Meanwhile there were many people of Minangkabau, Luhak Nan Tuo, Tanah Datar resolved

the inheritance dispute up to the judiciary, and to the Supreme Court, means this dispute settlement of inheritance was

contrary to the Minangkabau indigeous philosophy and Islamic law. This research concluded that whether there is inheritance

dispute and will be based on Minangkabau indigeous philosophy and Islamic law, it should be resolved by Mamak Saparuik,

Ninik Mamak or to the board density of indigenous (KAN) not to the the judiciary and to the Supreme Court.


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