The Position Of The Heirs Of The Tangguan Waiting Assets In Terms Of Customary Law And Islamic Law In The Semendo Community In Muara Enim Regency

The Position of the Heirs of the Tangguan Waiting Assets in Terms of Customary Law and Islamic Law in the Semendo Community in Muara Enim Regency

Introduction

In the context of inheritance law in the Semendo community, Muara Enim Regency, there is a system known as "Wait Tubang". This concept concerns the position of husband and wife as heirs of shared property after marriage, and how the position is regulated by both customary law and Islamic law. The Wait Tubang system is a unique aspect of the Semendo community's social and cultural norms, and it is essential to understand its significance in the context of family life and inheritance law.

Understanding of Customary Law and Islamic Law

In Islamic law, it is regulated that both men and women have the right to wealth with the principle of justice. In the Qur'an Surat al-Baqarah (2: 228), it is stated that women's rights are proportional to male rights, and each party has the same position in family life. This principle is further emphasized in Law No. 1 of 1974, which regulates the rights and position of husband and wife in the household, where the husband is the head of the family and the wife functioning as a household administrator.

On the other hand, in the Semendo community, customs play an important role in the regulation of Tubang waiting assets. Marriage is considered a family matter involving many parties, where the decision regarding the wedding was taken through deliberations between the bride and groom's families. This shows that marriage not only involves two individuals, but also involves a broader social ties. The Semendo community's customs and traditions are deeply rooted in their cultural heritage, and they play a significant role in shaping the community's social norms and values.

Waiting for Tubang in Semendo Community

Tubang Waiting is a treasure owned by a married couple, both of whom are heirs for the property. This property is social, where the owner has the responsibility to maintain and develop the property for family welfare. In this context, Tubang's waiting assets may not be sold without deliberation, and every decision related to assets must involve the approval of both parties, a process known as "Segale Gawe Bebene". This process ensures that both parties are involved in the decision-making process, and it helps to maintain harmony and balance in the family.

From research conducted in Muara Enim Regency, it was found that husband and wife act as heirs of the Tanglan waiting property. However, the position of Tubang's waiting assets as a legal entity in Semendo society places it as an object that has social responsibility. That is, not only belongs to individuals but is a shared property that must be managed properly. This highlights the importance of community involvement and participation in the management of Tubang waiting assets.

Effect of Divorce on Tangga Waiting Treasure

Divorce has a significant impact on the management and ownership of Tubang waiting assets. The property can be affected in terms of division, which often involves re-negotiating regarding the rights of each party. In addition, divorce also has an impact on children, where their welfare is often the main consideration in managing assets. The Semendo community's customs and traditions emphasize the importance of family welfare and the well-being of children, and divorce can have a significant impact on these aspects.

Recommendation

From the results of the study, it was recommended to the Regional Government of Muara Enim and related parties, including scholars and heads and community leaders, to continue to maintain the values ​​and norms waiting for the tubers that had been applied. It is essential to ensure that these values ​​do not conflict with Islamic law, so that harmonization between customs and religion is maintained. This will help to maintain the social and cultural norms of the Semendo community and ensure that the Wait Tubang system continues to function effectively.

Conclusion

The position of the heirs of the Tanglan Waiting in the Semendo community is an interesting example of how customary law and Islamic law can work together to regulate important aspects of family life. By understanding and respecting both, it is hoped that justice and the welfare of the community can be achieved. The Wait Tubang system is a unique aspect of the Semendo community's social and cultural norms, and it is essential to continue to maintain and develop this system to ensure the well-being of the community.

Future Research Directions

Future research should focus on exploring the implications of the Wait Tubang system on family relationships and social norms in the Semendo community. Additionally, research should be conducted to examine the impact of divorce on the management and ownership of Tubang waiting assets. This will help to provide a deeper understanding of the Wait Tubang system and its significance in the context of family life and inheritance law.

Limitations of the Study

This study has several limitations. Firstly, the study was conducted in a specific region, Muara Enim Regency, and the findings may not be generalizable to other regions. Secondly, the study relied on secondary data and did not conduct primary research. Finally, the study did not examine the impact of external factors, such as economic and social changes, on the Wait Tubang system.

Recommendations for Future Research

Future research should aim to address the limitations of this study. Firstly, research should be conducted in other regions to examine the applicability of the Wait Tubang system in different contexts. Secondly, primary research should be conducted to gather more accurate and reliable data. Finally, research should be conducted to examine the impact of external factors on the Wait Tubang system.

Conclusion

In conclusion, the position of the heirs of the Tanglan Waiting in the Semendo community is a complex issue that involves both customary law and Islamic law. The Wait Tubang system is a unique aspect of the Semendo community's social and cultural norms, and it is essential to continue to maintain and develop this system to ensure the well-being of the community. Future research should focus on exploring the implications of the Wait Tubang system on family relationships and social norms in the Semendo community.
Frequently Asked Questions (FAQs) about the Position of the Heirs of the Tangguan Waiting Assets in Terms of Customary Law and Islamic Law in the Semendo Community in Muara Enim Regency

Q: What is the Wait Tubang system?

A: The Wait Tubang system is a unique aspect of the Semendo community's social and cultural norms, where a married couple owns a shared property together, known as the Tangguan waiting assets. This property is social, where the owner has the responsibility to maintain and develop the property for family welfare.

Q: How does the Wait Tubang system work?

A: In the Wait Tubang system, both husband and wife act as heirs of the Tangguan waiting property. Every decision related to the assets must involve the approval of both parties, a process known as "Segale Gawe Bebene". This process ensures that both parties are involved in the decision-making process, and it helps to maintain harmony and balance in the family.

Q: What is the significance of the Wait Tubang system in the Semendo community?

A: The Wait Tubang system is a unique aspect of the Semendo community's social and cultural norms, and it plays a significant role in shaping the community's social norms and values. It emphasizes the importance of family welfare and the well-being of children, and it helps to maintain harmony and balance in the family.

Q: How does the Wait Tubang system affect family relationships in the Semendo community?

A: The Wait Tubang system has a significant impact on family relationships in the Semendo community. It emphasizes the importance of cooperation and mutual respect between husband and wife, and it helps to maintain harmony and balance in the family. It also provides a framework for resolving conflicts and disputes between family members.

Q: What is the impact of divorce on the Wait Tubang system?

A: Divorce has a significant impact on the Wait Tubang system. The property can be affected in terms of division, which often involves re-negotiating regarding the rights of each party. In addition, divorce also has an impact on children, where their welfare is often the main consideration in managing assets.

Q: How does the Wait Tubang system relate to Islamic law?

A: The Wait Tubang system is based on Islamic law, which emphasizes the importance of justice and fairness in all aspects of life. The system ensures that both husband and wife have equal rights and responsibilities in managing the Tangguan waiting assets, and it provides a framework for resolving conflicts and disputes between family members.

Q: What are the benefits of the Wait Tubang system?

A: The Wait Tubang system has several benefits, including:

• Emphasizing the importance of family welfare and the well-being of children
• Providing a framework for resolving conflicts and disputes between family members
• Ensuring that both husband and wife have equal rights and responsibilities in managing the Tangguan waiting assets
• Maintaining harmony and balance in the family

Q: What are the challenges of the Wait Tubang system?

A: The Wait Tubang system has several challenges, including:

• Ensuring that both husband and wife are involved in the decision-making process
• Managing conflicts and disputes between family members
• Ensuring that the Tangguan waiting assets are managed fairly and justly
• Adapting to changing social and economic conditions

Q: What is the future of the Wait Tubang system?

A: The future of the Wait Tubang system is uncertain, and it will depend on various factors, including changes in social and economic conditions, and the ability of the community to adapt to these changes. However, it is essential to continue to maintain and develop the system to ensure the well-being of the community.

Q: How can the Wait Tubang system be improved?

A: The Wait Tubang system can be improved by:

• Ensuring that both husband and wife are involved in the decision-making process
• Providing training and education on the system and its benefits
• Encouraging community participation and involvement in the management of the Tangguan waiting assets
• Adapting to changing social and economic conditions

Q: What is the role of the Regional Government in maintaining the Wait Tubang system?

A: The Regional Government plays a significant role in maintaining the Wait Tubang system. It can provide support and resources to the community to ensure that the system is maintained and developed. It can also provide training and education on the system and its benefits, and encourage community participation and involvement in the management of the Tangguan waiting assets.