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Plagiarism Checker An. Roswita Sitompul ; Inheritance Law Analysis in the Indonesia Minangkabau Matrilineal Society

Inheritance Law Analysis in the Indonesia Minangkabau Matrilineal Society

Roswita Sitompula, A Alesyantib

Department of Law, Universitas Islam Sumatera Utara, Medan, Indonesia bDepartment of Criminal Law, Universitas Muhammadiyah Sumatera Utara, Medan, Indonesia


The Minangkabau custom is a view of life, which is based on real provisions contained in real nature as well and which is captured by the real factors contained in human beings, namely thoughts and feelings which are sustained by religious values. It is customary that is the foundation of the Minangkabau people in giving birth to the values ??that govern their lives, including inheritance problems. Speaking of inheritance law until now the Indonesian people do not yet have a national inheritance law, so the law that applies in the community is still pluralistic, not least in Minangkabau. The inheritance system adopted by the Minangkabau community is subject to the Civil Inheritance Law, Islamic Inheritance Law and Customary Inheritance Law. Although the inheritance legal system has different characteristics from one another, the Minangkabau community will choose one of the three according to the agreement of their community. Minangkabau people who also have their own inheritance laws inherited from their ancestors. The inheritance of Minangkabau adat is basically strongly influenced by the matrilineal kinship system so that heirs are drawn from the mother / woman line. The issue of inheritance in Minangkabau is a fairly complicated issue, on the one hand the settlement refers to customary law, on the other hand the people from the religious point of view are adherents of Islam, of course the second inheritance system is different. Therefore, it is necessary to discuss how the inheritance is in inheritance, given the lack of legal unity in the settlement of inheritance. This research is a normative study with qualitative analysis The results of this study ultimately aim to get a comprehensive thought about the inheritance system adopted by the Minangkabau ethnic group, providing an understanding to the Minangkabau people that the need for public understanding of Islamic inheritance law and the influence of customary law in resolving inheritance. The point of the link between Islamic inheritance law and customary law lies in the running of bilateral, individual and principles, even though that has not been done purely while the difference is the existence of irregularities committed by some people in the distribution of their respective rights.

Keywords  : Inheritance, Minangkabau, Custom

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