Pelaksanaan Pembagian Harta Warisan Adat Di Nagari Lubuk Basung Kecamatan Lubuk Basung Kabupaten Agam Ditinjau Dari Perspektif Hukum Islam

ABSTRACT Customary Inheritance Law is a law that contains the lines of provisions regarding the system and principles of inheritance law, regarding inheritance, heirs and heirs, and how the control and ownership of the inheritance is transferred from the heir to the heir. This study discusses the implementation of the distribution of traditional inheritance assets to the Nagari Lubuk Basung community, Lubuk Basung District, Agam Regency. According to the Minangkabau traditional inheritance law in Nagari Lubuk Basung, the inheritance falls in the hands of a relative of the maternal line who in this case is the child of a deceased sister, namely her nephews. Meanwhile, the assets that have become this heirloom are inherited communally to be used or owned jointly by the heirs. On the other hand, the interests of the children of the deceased are given the main attention in the Islamic inheritance system. The purpose of this study was to determine how Islamic law views the implementation of the distribution of customary inheritance in Nagari Lubuk Basung, and to determine the legal consequences of the Nagari Lubuk Basung community in distributing inheritance according to custom. This research is a type of Sociological legal research and is descriptive analytical in nature. This research will be conducted by interviewing traditional leaders, religious leaders, and judges at the Lubuk Basung Religious Court. For data collection obtained from observations and interviews. Sources of data used in this study came from primary and secondary data. Data analysis using observation methods obtained from interviews and draw conclusions in a deductive way. The results show that the implementation of the distribution of traditional inheritance assets in Nagari Lubuk Basung, the distribution of high inheritance assets is not against Islamic inheritance law, because in KHI Article 183 which allows peace in the distribution of these inheritance assets. The conciliation in Article 183 KHI is the same as the collective system applied in the distribution of customary inheritance in Minangkabau. As well as the legal consequence of the Nagari Lubuk Basung community of distributing inheritance in a customary manner is that as long as there is a black and white agreement there is no problem. When disputes occur, they only resolve by deliberation and involve family members