PEMBAGIAN HARTA WARISAN DALAM PERKAWINAN ANTAR ETNIS DAN KEKERABATAN YANG DIANUT DI DAERAH PERBATASAN PASAMAN BARAT DENGAN MANDAHILING NATAL

IKE, ELVIA (2014) PEMBAGIAN HARTA WARISAN DALAM PERKAWINAN ANTAR ETNIS DAN KEKERABATAN YANG DIANUT DI DAERAH PERBATASAN PASAMAN BARAT DENGAN MANDAHILING NATAL. Diploma thesis, UNIVERSITAS ANDALAS.

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Abstract

It has been written by predestination that human cannot live alone without others, human needs other to survive, human needs to live as group and socialitation. Since we were born we lived with family, with father, mother and our brothers and sisters or parent carers. Later on we got to know our realtives and neighbours and then we understand whom has the right and obligation to control and taking care of our life. Afterward we knew what is our right and obligation as a family member and as nuclear family. Family and relative relationship is not only by blood and by married, but good relationship and traditions conection with others can be the reason of a family, like in adoption or just treat someone as their own child. In Indonesian household relationship created is not only by blood but also by marriage or tradition conection. Therefor, author intend to research about alocation inheritance based by marriage between etnic and relative which is dominant adopted by West Pasaman Border with Mandailing Natal. In this thesis, author formuled two problems first, what is the kind of kinship that they embrace and thrive in that area and second, how they embrace the division of inherited in kinship in Nagari Ranah Batahan Kab. West Pasaman Border, West Sumatera with Huta Nauli Kab, Mandailing Natal, North Sumatera. Research metode that author use is Yuridis Sosiologis metode. Data Colection Tecnic is interview and literature review. From the reseacrh the author did, note that kinship that they embrace in Nagari Ranah Batahan kab. West Pasaman Border asn Huta Nauli kab. Mandailing Natal is patrilineal system in Islamic system and many of them carry out or allowed marriage between etnic with requirements religion, which is Islam. In Islamic law, married between etnic is allowed in Islamic law and there is no rule about it in Islamic law, in Islamic law there is only rule about family relationship, country, and religion accept the validity of marriage. In this area they embrace patrilineal kinship system but for devision of inheritance, every family based on Datuak Bukhari concession is guidance in Islamic law which is made the rule about devision of inheritance in “Kompilasi Hukum Islam” in book II. However in author obtained of study, citizen in this area is embrace the patrilineal system but for devision of inheritance in practice they not realy enforced the Islamic law, but only half of it. Because in Islamic law parent donot get the shared.

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