The Process of Dispute Settlement of Inheritance in Indigenous People Minangkabau, Luhak Nan Tuo, Tanah Datar

Abstract

This research was aimed at describing the process of dispute settlement of inheritance in indigenous people Minangkabau, Luhak Nan Tuo, Tanah Datar. This research was qualitative case study. The data were obtained through in- depth interview to each informant. All of the data found were analyzed qualitatively based on Islamic law perspective (Fiqh Mawarits/Faraidh), cultural and sociological. The results revealed that there were eight Nagari ever have disputes of inheritance, Rambatan, Tanjung Baru, Salimpauang, Tabek Patah, Tabek Pariangan, Sungai Jambu Pariangan, Sumanik, and Barulak and in each village has only one case. While the case type was not only low inheritance, but also a high inheritance. Related to Minangkabau indigeous philosophy “Adat Bersendikan Syara’, Syara’ Bersendikan Kitabullah (ABS-SBK)” and Islamic law (Fiqh Mawarits/Faraidh) the Inheritance dispute should be resolved gradually from Mamak Saparuik. If the problem was not resolved, it is brought to Ninik Mamak. If it was not also resolved at that level, then the case is taken to the board density of indigenous (KAN). Meanwhile there were many people of Minangkabau, Luhak Nan Tuo, Tanah Datar resolved the inheritance dispute up to the judiciary, and to the Supreme Court, means this dispute settlement of inheritance was contrary to the Minangkabau indigeous philosophy and Islamic law. This research concluded that whether there is inheritance dispute and will be based on Minangkabau indigeous philosophy and Islamic law, it should be resolved by Mamak Saparuik, Ninik Mamak or to the board density of indigenous (KAN) not to the the judiciary and to the Supreme Court.