The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law

Hamdan Nawardi; Barzah Latupono; La Ode Angga

doi:10.47268/tatohi.v5i2.3081

The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law

Hamdan Nawardi⁽¹⁾, Barzah Latupono⁽²⁾, La Ode Angga⁽³⁾

(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia

Corresponding Author

Abstract

Introduction: The process of inheritance is to act as an alternative to the attitude of property ownership between the deceased and the person who leaves it, while according to the term it is something without which there will be no law, for example thaharah (purification) is a valid condition for prayer, if it is not cleaned before prayer, the prayer is undoubtedly invalid, however, doing thaharah, does not mean when you want to pray.

Purposes of the Research: To find out and explain the factors behind the inheritance distribution system before the deceased in Gunung Village, South Buton Regency and to know and explain the views of Islamic law regarding inheritance distributed before the deceased died.

Methods of the Research: The research method used in this writing is normative legal research. As for answering the problems in this study, the author uses three problem approaches, namely the statute approach, the case approach, and the conceptual approach. The procedure for collecting legal materials carried out by the author is to search and collect laws and regulations related to the legal issues faced. Laws and regulations in this case include both legislation and regulations. The analysis of legal materials uses a qualitative method, which is a study related to legal norms contained in international laws and regulations and legal norms in society.

Findings of the Research: The results of this study show that the Distribution of Inheritance According to Islamic Law, which refers to Article 171 of the Compilation of Islamic Law, there are several provisions that have been stipulated in regulating inheritance. The view of Islamic law regarding inheritance distributed before the heir dies is that in Islamic law there is no division of inheritance before the heir dies, if this happens then in Islamic law it is called Hibah.

Keywords

Inheritance; Customary Law; Islamic Law.

DOI

10.47268/tatohi.v5i2.3081

Published

2025-04-30

How To Cite

APA: Nawardi, H., Latupono, B., & Angga, L. (2025). The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law. TATOHI: Jurnal Ilmu Hukum, 5(2), 104 - 122. DOI: https://doi.org/10.47268/tatohi.v5i2.3081.

IEEE: H. Nawardi, B. Latupono, and L. Angga, "The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law", TATOHI J. Ilmu Huk., vol. 5, no. 2, pp. 104 - 122, Apr. 2025. Accessed on: May. 29, 2025. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i2.3081

Harvard: Nawardi, H., Latupono, B., and Angga, L., (2025). "The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law". TATOHI: Jurnal Ilmu Hukum, Volume 5(2), pp. 104 - 122. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i2.3081 (Accessed on: 29 May 2025)

Chicago: Nawardi, Hamdan, Barzah Latupono, and La Ode Angga. "The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law." TATOHI: Jurnal Ilmu Hukum 5, no. 2 (April 30, 2025): 104 - 122. Accessed May 29, 2025. doi:10.47268/tatohi.v5i2.3081

Vancouver: Nawardi H, Latupono B, Angga L. The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law. TATOHI J. Ilmu Huk. [Internet]. 2025 Apr 30 [cited 2025 May 29];5(2):104 - 122. Available from: https://doi.org/10.47268/tatohi.v5i2.3081

MLA 8th: Nawardi, Hamdan, Barzah Latupono, and La Ode Angga. "The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law." TATOHI: Jurnal Ilmu Hukum, vol. 5, no. 2, 30 Apr. 2025, pp. 104 - 122, doi:10.47268/tatohi.v5i2.3081. Accessed 29 May. 2025.

BibTeX:

@article{TATOHI3081,
		author = {Hamdan Nawardi and Barzah Latupono and La Ode Angga},
		title = {The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {5},
		number = {2},
		year = {2025},
		keywords = {Inheritance; Customary Law; Islamic Law.},
		abstract = {Introduction: The process of inheritance is to act as an alternative to the attitude of property ownership between the deceased and the person who leaves it, while according to the term it is something without which there will be no law, for example thaharah (purification) is a valid condition for prayer, if it is not cleaned before prayer, the prayer is undoubtedly invalid, however, doing thaharah, does not mean when you want to pray.Purposes of the Research: To find out and explain the factors behind the inheritance distribution system before the deceased in Gunung Village, South Buton Regency and to know and explain the views of Islamic law regarding inheritance distributed before the deceased died.Methods of the Research: The research method used in this writing is normative legal research. As for answering the problems in this study, the author uses three problem approaches, namely the statute approach, the case approach, and the conceptual approach. The procedure for collecting legal materials carried out by the author is to search and collect laws and regulations related to the legal issues faced. Laws and regulations in this case include both legislation and regulations. The analysis of legal materials uses a qualitative method, which is a study related to legal norms contained in international laws and regulations and legal norms in society.Findings of the Research: The results of this study show that the Distribution of Inheritance According to Islamic Law, which refers to Article 171 of the Compilation of Islamic Law, there are several provisions that have been stipulated in regulating inheritance. The view of Islamic law regarding inheritance distributed before the heir dies is that in Islamic law there is no division of inheritance before the heir dies, if this happens then in Islamic law it is called Hibah.},
				issn = {2775-619X},		pages = {104--122}			doi = {10.47268/tatohi.v5i2.3081},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3081}
		}

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law

2.	Creator	Author's name, affiliation, country	Hamdan Nawardi; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Barzah Latupono; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	La Ode Angga; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Inheritance; Customary Law; Islamic Law.

4.	Description	Abstract	Introduction: The process of inheritance is to act as an alternative to the attitude of property ownership between the deceased and the person who leaves it, while according to the term it is something without which there will be no law, for example thaharah (purification) is a valid condition for prayer, if it is not cleaned before prayer, the prayer is undoubtedly invalid, however, doing thaharah, does not mean when you want to pray.Purposes of the Research: To find out and explain the factors behind the inheritance distribution system before the deceased in Gunung Village, South Buton Regency and to know and explain the views of Islamic law regarding inheritance distributed before the deceased died.Methods of the Research: The research method used in this writing is normative legal research. As for answering the problems in this study, the author uses three problem approaches, namely the statute approach, the case approach, and the conceptual approach. The procedure for collecting legal materials carried out by the author is to search and collect laws and regulations related to the legal issues faced. Laws and regulations in this case include both legislation and regulations. The analysis of legal materials uses a qualitative method, which is a study related to legal norms contained in international laws and regulations and legal norms in society.Findings of the Research: The results of this study show that the Distribution of Inheritance According to Islamic Law, which refers to Article 171 of the Compilation of Islamic Law, there are several provisions that have been stipulated in regulating inheritance. The view of Islamic law regarding inheritance distributed before the heir dies is that in Islamic law there is no division of inheritance before the heir dies, if this happens then in Islamic law it is called Hibah.

5.	Publisher	Organizing agency, location	Faculty of Law Pattimura University

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2025-04-30

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3081

10.	Identifier	Digital Object Identifier	10.47268/tatohi.v5i2.3081

11.	Source	Title; vol., no. (year)	TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 2, April 2025

12.	Language	English=en	en

13.	Relation	Supp. Files

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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