Tinjauan hukum Islam dan hukum positif terhadap sistem hukum waris adat Minangkabau

Abstract

Minangkabau society makes custom and religion as values for life in society. In general, in Minangkabau there are 2 types of classification of assets, namely high inheritance and low inheritance. Pusako Tinggi property is the property of the people received from ninik to mamak, from mamak to nephew based on the mother's lineage from generation to generation. Meanwhile, the lower pusako assets are assets obtained for the livelihood of each husband and wife, so that the faraidh provisions apply. The type of research used is descriptive qualitative, so it requires in-depth analysis when research finds research results. While the data collection uses library research, namely by reading, studying and understanding the literature of books, articles and journals that are used as references in research. The results of his research are that in Minangkabau customary inheritance it is not contrary to Islamic law and positive law. Pusako Tinggi assets are not included as inherited assets because they are collectively owned by a group. However, for lower inheritance, it has similarities with the inheritance provisions as explained in the Compilation of Islamic Law (KHI).