Perwarisan Tanah Adat / Ulayat di Indonesia dan Malaysia Dalam Adat Perpatih : Satu Tinjauan Syarak

Saleh, Muhammad Aunurrochim Mas’ad; Wajis, Nik Rahim Nik; Sahid, Mualimin Mochammad

doi:10.12816/0051380

Cited by 4 publications

(4 citation statements)

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“…Another similarity lies in how these two assets are allocated, i.e., for the welfare of their families or people. It is in line with the opinion of (Mualimin Mochammad Sahid et al, 2017) that customary land or pusako is highly managed in the same way as the waqf system in Islam.…”

Section: Implementation Of the Dzurri Waqf Law On The Maintenance Of ...supporting

confidence: 81%

“…However, according to those scholars, the exchange of waqf assets is justified in certain circumstances for the benefit of utilizing the waqf assets (Lubis, 2021). In a literature of Sahid et al (2017), it is explained that customary land is the same as the waqf system in Islam. In addition, Mirwati et al (2018) explained in their research that the practice of waqf of customary land in West Sumatra was carried out in a family manner, where the pledge was declared by the mamak after obtaining approval from members of the clan, both those who live in Minangkabau and those who are wandering.…”

Section: Literature Reviewmentioning

confidence: 99%

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Legal Study of Dzurri Waqf and its Implementation towards Strengthening High Heritage Assets in Minangkabau, West Sumatra, Indonesia

Wira,

Huda,

Long

et al. 2023

JURIS

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One concept of preserving family assets can be carried out through the practice of dzurri waqf. In Minangkabau, preservation of family assets is carried out in the form of high inheritance management. This article aims to discuss the legal concept of dzurri waqf and its implementation in high inheritance management in Minangkabau, West Sumatra. The findings of this study are very specific because the Minangkabau culture adheres to on one side, a matrilineal system but on the other hand, is based on the Islamic law. The data in this study were obtained through in-depth interviews with four experts, i.e., the expert council of MUI West Sumatra, the Chair of the West Sumatra Indonesian Waqf Board, the Chair of West Sumatra Nazir, and the expert council of the Lembaga Kerapatan Adat Alam Minangkabau (LKAAM) West Sumatra. This study found that first, the concept of dzurri waqf is identical to the management of high heirloom assets in Minangkabau. It is proven by some asset management that is almost the same as dzurri waqf, i.e., the element of property must be retained in principal and from the element of beneficiaries (mauquf alaih) who are family members. Second, there is a strategy to maintain high pusako treasures through religion, namely by managing high pusako treasures, such as dzurri waqf management so that the identity of high pusako treasures as culture can survive and be managed sustainably. Third, in order to maintain the identity of the high pusako treasure, the nazir in the context of dzurri waqf is appointed from the niniak mamak component as the holder of the power of the high pusako treasure.

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Section: Implementation Of the Dzurri Waqf Law On The Maintenance Of ...supporting

confidence: 81%

Section: Literature Reviewmentioning

confidence: 99%

Legal Study of Dzurri Waqf and its Implementation towards Strengthening High Heritage Assets in Minangkabau, West Sumatra, Indonesia

Wira,

Huda,

Long

et al. 2023

JURIS

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“…Whereas, for a man who dies, the part registered in the man's name is called harta pembawaan. Harta pembawaan is meant as a property owned by a person before marriage or personal property (Sahid et al, 2017). In the event of death, inherited property must be divided according to the principle of pembawaan kembali, which means that the property is returned to the original race or tribe.…”

Section: Customary Tenure Enactment (Lengkongan Land) Year 1960mentioning

confidence: 99%

“…In other words, the berkadim custom is a process of adopting female children from other members of the tribe into the same tribe, thus allowing them to pass on property to heirs if there is no female heir in a certain tribe (Sahid, 2018).…”

Section: Inheritance Rights For Adopted Childrenmentioning

confidence: 99%

The Difference between The Inheritance of Common Heritage and Customary Heritage in The Practice of Adat Perpatih

Rushdan¹,

Muda²,

Kusrin³

2023

IJARBSS

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Al-Fatani's Perspectives on Islamic Family Law: Insights from Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim

Mustapha,

Zainol,

Mohammad

et al. 2024

JITC

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The evolution of Islamic Family Law in Malaysia is a nuanced amalgamation of Malay customs, cultural influences, and Islamic jurisprudence. Rooted in the history of Malaya, the formation of current Islamic Family Law reflects the fusion of these elements. This study delves into Daud Abdullah Al-Fatani's seminal work Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim, a pivotal contribution to Malaysian Islamic jurisprudence. Comparing Al-Fatani's insights with those of scholars from diverse schools of thought and contemporary Islamic Family Law enactments, the focus remains on key issues such as Zihār, Khiyar, and Nusyuz. The study reveals that Al-Fatani's perspectives transcend strict adherence to the Al-Shafi‘i school, while aligning with the Islamic Family Law (Federal Territories) Act 1984. His views on marriage dissolution and wife’s disobedience are influenced by Malay culture, while maintaining fidelity to the Qur’ān and Sunnah exemplified by his stance on Zihār. This resonates in Malaysia's current Islamic Family Law which is not rigidly bound to the Al-Shafi‘i school but intricately considers cultural conditions.

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Perwarisan Tanah Adat / Ulayat di Indonesia dan Malaysia Dalam Adat Perpatih : Satu Tinjauan Syarak

Cited by 4 publications

References 0 publications

Legal Study of Dzurri Waqf and its Implementation towards Strengthening High Heritage Assets in Minangkabau, West Sumatra, Indonesia

Legal Study of Dzurri Waqf and its Implementation towards Strengthening High Heritage Assets in Minangkabau, West Sumatra, Indonesia

The Difference between The Inheritance of Common Heritage and Customary Heritage in The Practice of Adat Perpatih

Al-Fatani's Perspectives on Islamic Family Law: Insights from Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim

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