Inheritance of Property in Minangkabau: Review of Customary Law and Islamic Law

Abstract

The Minangkabau people adhere to Islamic beliefs or religion. In social life in Minangkabau, custom and religion are two values that are in line with and adhered to according to the Basandi Syarak Adat life philosophy, Syarak Basandi Kitabullah. This philosophy explains that existing customary law must follow Shari'a, namely Islamic law which is guided by the Al-Quran and Sunnah which is called the Book of Allah. In the inheritance of property in Minangkabau, there are differences and similarities with customary law and Islamic law. This problem research was carried out by reviewing the relevant literature according to the title. There are two types of inheritance in Minangkabau, namely high inheritance and low inheritance. Inheritance of high inheritances follows the customary inheritance rules in Minangkabau, which are inherited collectively according to the mother's lineage (matriline). This inheritance is usually in the form of goods or land. What is shared is the time spent working on it and enjoying the results. The beneficiaries are usually women, and only men manage the high inheritance. For lower inheritance, it is property that arises because the husband and wife leave their living to their children, as stipulated in Islamic law or Faraidh law.