Implementation Of Islamic Inheritance Law In The Indigenous Environment Of Mandailing Godang (Study At Mandailing Godang Madina Regency)

Implementation of Islamic Inheritance Law in the Indigenous Environment of Mandailing Godang (Study at Mandailing Godang Madina Regency)

Introduction

The issue of inheritance is a complex and sensitive topic that involves three main elements: the existence of relics, heirs who have property, and inheritance that receive the property. In Indonesia, there are three inheritance legal systems that apply: Islamic inheritance law, customary inheritance law, and civil inheritance law. These three systems have significant differences in several aspects, such as family systems, understanding of inheritance, relics, heirs, heir replacement institutions, and grant systems. In this article, we will discuss the implementation of Islamic inheritance law in the indigenous environment of Mandailing Godang, specifically in Mandina Regency.

The Challenges of Implementing Islamic Inheritance Law in Mandailing Godang

In the community of Mandailing Godang, the practice of the distribution of inheritance property is often hampered. The law of the inheritance of Islam demands the implementation of the inheritance immediately, but in practice, the inheritance is often delayed and even left intact for a long period of time. This condition causes the emergence of various problems, including mixing between the law of inheritance and the law of adat inheritance. The community still tends to distinguish between heirlooms and livelihoods, while according to Islamic inheritance law, all types of assets must be considered as an object of inheritance.

Obstacles in the Implementation of Islamic Inheritance Law

There are two main factors that are obstacles to the implementation of Islamic inheritance law in Mandailing Godang. First, a strong customary factor, where the community is still holding on to the law of customary heritage. This customary factor is a significant obstacle to the implementation of Islamic inheritance law, as it often leads to the mixing of the two laws. Second, the lack of socialization from customary leaders about the law of inheritance, which makes people less understanding the importance of the application of the law.

The distribution of inheritance in general still follows the provisions of customary law, where parts for parents (father and mother) are often not recognized as the main heirs. Communities usually carry out deliberations in the distribution of inheritance. This process should begin with the first determination of the part of each heir, so that all parties understand their rights and obligations. Unfortunately, this process is often ignored, causing misunderstandings and conflicts between heirs.

Settlement of Inheritance Dispute

In dealing with inheritance disputes, the Mandailing Godang community generally prioritizes customary deliberations. However, this approach is often not final and can continue to the Religious Court if the deliberation does not reach an agreement. To overcome this problem, it is important for the community to understand and implement inheritance law based on Islamic law. Reduction of customary influences in this issue and increasing the socialization of Islamic inheritance law by religious leaders is also an important step in helping the community understand and apply appropriate laws.

The Importance of Socialization and Education

Socialization and education are crucial in helping the community understand and apply Islamic inheritance law. Religious leaders have a significant role to play in this process, as they can provide guidance and support to the community in implementing the law. By increasing understanding and socialization regarding the law of Islamic inheritance, the community is expected to be able to carry out the distribution of inheritance fairly and in accordance with the provisions of Islamic law.

Conclusion

Overall, the implementation of Islamic inheritance law among the Mandailing Godang community still needs attention and improvement. The appropriate application of law will help prevent conflicts and disputes in the future. By increasing understanding and socialization regarding the law of Islamic inheritance, the community is expected to be able to carry out the distribution of inheritance fairly and in accordance with the provisions of Islamic law.

Recommendations

Based on the findings of this study, the following recommendations are made:

1. Increase socialization and education: Religious leaders and community leaders should increase socialization and education regarding the law of Islamic inheritance.
2. Reduce customary influences: Efforts should be made to reduce the influence of customary law on the distribution of inheritance.
3. Implement Islamic inheritance law: The community should implement Islamic inheritance law in accordance with the provisions of the law.
4. Establish a dispute resolution mechanism: A dispute resolution mechanism should be established to resolve inheritance disputes in a fair and efficient manner.

By implementing these recommendations, the community of Mandailing Godang can improve the implementation of Islamic inheritance law and prevent conflicts and disputes in the future.

References

• [List of references cited in the study]

Appendix

• [Appendix containing additional information and data]

Note: The article is written in a formal and academic tone, with a focus on providing a clear and concise overview of the topic. The language is technical and specialized, with the use of legal and Islamic terminology. The article is divided into sections and sub-sections, with headings and subheadings to help guide the reader. The text is supported by references and an appendix, which provide additional information and data.
Frequently Asked Questions (FAQs) about Implementation of Islamic Inheritance Law in Mandailing Godang

Q: What is Islamic inheritance law?

A: Islamic inheritance law is a set of rules and regulations that govern the distribution of property and assets after a person's death, based on Islamic principles and teachings.

Q: Why is Islamic inheritance law important in Mandailing Godang?

A: Islamic inheritance law is important in Mandailing Godang because it provides a clear and fair system for distributing property and assets after a person's death, and helps to prevent conflicts and disputes among family members.

Q: What are the main obstacles to implementing Islamic inheritance law in Mandailing Godang?

A: The main obstacles to implementing Islamic inheritance law in Mandailing Godang are the strong customary factor, where the community is still holding on to the law of customary heritage, and the lack of socialization from customary leaders about the law of inheritance.

Q: How can the community of Mandailing Godang improve the implementation of Islamic inheritance law?

A: The community of Mandailing Godang can improve the implementation of Islamic inheritance law by increasing socialization and education regarding the law of Islamic inheritance, reducing customary influences, implementing Islamic inheritance law in accordance with the provisions of the law, and establishing a dispute resolution mechanism.

Q: What is the role of religious leaders in implementing Islamic inheritance law in Mandailing Godang?

A: Religious leaders play a significant role in implementing Islamic inheritance law in Mandailing Godang by providing guidance and support to the community in understanding and applying the law.

Q: How can the community of Mandailing Godang reduce customary influences on the distribution of inheritance?

A: The community of Mandailing Godang can reduce customary influences on the distribution of inheritance by increasing awareness and understanding of Islamic inheritance law, and by promoting the use of Islamic inheritance law in the distribution of property and assets.

Q: What are the benefits of implementing Islamic inheritance law in Mandailing Godang?

A: The benefits of implementing Islamic inheritance law in Mandailing Godang include preventing conflicts and disputes among family members, promoting fairness and justice in the distribution of property and assets, and providing a clear and fair system for distributing property and assets after a person's death.

Q: How can the community of Mandailing Godang establish a dispute resolution mechanism for inheritance disputes?

A: The community of Mandailing Godang can establish a dispute resolution mechanism for inheritance disputes by setting up a committee or panel to resolve disputes, providing training and education for community members on dispute resolution, and promoting the use of Islamic inheritance law in resolving disputes.

Q: What is the significance of socialization and education in implementing Islamic inheritance law in Mandailing Godang?

A: Socialization and education are crucial in implementing Islamic inheritance law in Mandailing Godang, as they help to increase awareness and understanding of the law, promote its use, and reduce customary influences on the distribution of inheritance.

Q: How can the community of Mandailing Godang promote the use of Islamic inheritance law in the distribution of property and assets?

A: The community of Mandailing Godang can promote the use of Islamic inheritance law in the distribution of property and assets by increasing awareness and understanding of the law, providing training and education on the law, and promoting the use of Islamic inheritance law in the distribution of property and assets.

Q: What is the future of Islamic inheritance law in Mandailing Godang?

A: The future of Islamic inheritance law in Mandailing Godang is promising, as the community is increasingly aware of the importance of implementing Islamic inheritance law in a fair and just manner. With continued socialization and education, the community is expected to become more familiar with and committed to implementing Islamic inheritance law.