Comparative Study of Islamic Inheritance Law with Customary Inheritance Law in Kotaagung District Tanggamus District, Lampung Province

Abstract

Inheritance law is the law governing inheritance. Islamic law only recognizes individual inheritance systems while customary law recognizes collective, individual and mayoral systems. The Kotaagung community adheres to a male mayoral system, in which the eldest son is the sole heir who gets all the inheritance from the heir. This is different from Islamic inheritance law, every time someone in an Islamic family dies, there is always the issue of dividing the inheritance. This type of research is field research, research conducted by going directly to the field. Methods of data collection using the method of observation, interviews and documentation. The results of the study obtained that the inheritance practices of the Kotaagung community in their distribution still apply the applicable customary law, namely the heir is the oldest son, but now some people have abandoned this due to the mixing of customs and culture, marriage, and the reluctance of some of their descendants to use the law. the custom. The similarities and differences are that they have pillars and the same distribution process, the distribution of assets under Islamic inheritance law is clear and detailed, while customary inheritance law uses a single heir, namely the oldest son, and settlement of customary inheritance law disputes uses the kinship and deliberation system while inheritance law Islam refers to the basis and source of Islamic inheritance.