JURNAL Hapsari Ar Hasan
JURNAL Hapsari Ar Hasan
FAKULTAS HUKUM
UNIVERSITAS NUSA CENDANA
KUPANG
Hapsariarhasan@gmail.com
ABSTRACT
Until now, Indonesia does not have a single legal entity regarding inheritance law that
can be applied to all Indonesian citizens. However, in Indonesia, three legal systems govern
inheritance, namely Islamic Inheritance Law, Customary Inheritance Law and Civil
Inheritance Law. Inheritance law in Indonesia is still diverse, where each population group
is subject to their respective laws, among these things can be seen in the general public using
the distribution of Civil inheritance law. However, Muslims, especially the village of Lamahala
Jaya, East Adonara sub-district, East Flores Regency, in dividing inheritance, have not used
Islamic inheritance law, but have used customary law which is customary in society, which is
called adat legacies.
The results showed that most of the Muslim community in Lamahala Jaya Village did
not know and did not understand the division of inheritance according to Islamic inheritance
law. The community is more dominant towards lamaholot customary law where the eldest son
plays a role in inheriting and controlling the property while daughters do not get inheritance.
The Muslim community's understanding of the distribution of inheritance is still relatively
low, this is because the community does not have basic knowledge regarding the distribution
of inheritance according to Islamic inheritance law and is still dependent on customs that
have been implemented by ancestors attached to the community. Factors that cause Muslim
communities not to use the division of inheritance according to Islamic inheritance law are
customary settlements that are very simple, easy to communicate, have become a common
practice that occurs within the Lamaholot customary community, lack of understanding of
religion and no socialization from the Religious Courts or religious leaders in the community
on how to distribute inheritance according to Islamic law.
The conclusion is that the knowledge and understanding of the Muslim community in
Lamahala Jaya Village is still lacking. Factors causing the Muslim community not to use the
distribution of inheritance according to Islam is due to the strong existence of customary law
used in inheritance distribution and the lack of cooperation from religious leaders and
the government regarding the distribution of inheritance according to Islamic inheritance
law. The author's suggestion is that the government and religious leaders pay more attention to
the community by working together to convey information that is not yet known to the
public, and the community to be more active in interacting with religious leaders who already
understand and understand the division of inheritance according to Islamic law so that no party
feels disadvantaged and unfair.