AKULTURASI HUKUM KEWARISAN ISLAM DAN HUKUM KEWARISAN ADAT (STUDI KASUS PADA PRAKTIK PEMBAGIAN HARTA WARISAN SULTAN MAKMUN AL-RASYID PERKASA ALAMSYAH DI KESULTANAN DELI)

The practice of inheritance is one of the activities that are often carried out by the community. In Indonesia, the practice of inheritance is based on three legal foundations, namely Islamic law, customary law and civil law. Inheritance practices that use Islamic law are sourced from the Qur'an and hadith, customary inheritance practices based on custom and civil law inheritance practices based on the Civil Code. Inheritance practice is a very sensitive matter because it relates to the transfer of the inheritance of the heir to his heirs. Inheritance practices also occurred in the Deli Sultanate as was done by the heirs of Sultan Makmun al-Rasyid Perkasa Almsyah when Sultan Makmun Al Rasyid Perkasa Alamsyah had died. This study aims to find out how the inheritance practices used by the heirs of Sultan Makmun Al Rasyid, the acculturation of Islamic inheritance and customary inheritance, and how Islamic law reviews these inheritance practices. The research method used is the normative juridical method, which is a method that analyzes problems based on legal norms, in this case the Qur'an and hadith. From the results of the study, it was found that the heirs of Sultan Makmun Al Rasyid distributed the inheritance based on the results of deliberation among the heirs. Deliberation is carried out due to disputes between heirs because inheritance cannot be divided in the form of fractions. There are similarities between the inheritance practice and the inheritance practice that has been determined in Islamic law. several things that are in accordance with Islamic law, namely; open inheritance, inheritance system, and heirs. While things that are not in accordance with Islamic law are the parts of the heirs. The acculturation that occurs is the practice of deliberation and consensus which is carried out in the same way as Malay customary inheritance law and Javanese customary inheritance law