INHERITANCE LAW IN THE PERSPECTIVE OF LAMPUNG SEBATIN TRADITIONAL LAW AND ISLAMIC LAW

Abstract

Inheritance law is regulated in Islamic law, namely regarding the law that regulates the transfer of assets from someone who dies to their heirs. Inheritance law is part of civil law whose regulation is dualism and pluralism. The Lampung Sebatin traditional community, which is predominantly Muslim, divides inheritance. There are usually two kinds of inheritance laws that are commonly used, namely inheritance according to Islamic law and Lampung Sebatin traditional law, but customary law is more dominant. The position of sons in the family of the Lampung Sebatin traditional community is very important in terms of hereditary succession, because the Lampung Sebatin traditional community adheres to a male majority inheritance system. The research focus in this study is (1). How do the Lampung Sebatin indigenous people resolve inheritance disputes? (2). How is the inheritance system of the Lampung Sebatin traditional community viewed from Islamic law? The aim of this research is to describe the system of distribution of inheritance according to the customary law of the Lampung Sebatin traditional community, and to describe the traditional inheritance system of Lampung Sebatin as viewed from Islamic law. In this research, researchers used a qualitative approach method. Meanwhile, data collection uses interviews, observation and documentation. Meanwhile, the analysis uses analytical descriptive. The results of this research show that the Lampung Sebatin traditional community uses an inheritance system that prioritizes sons over daughters.