Inheritance Practice of Community Society in Bantan District Bengkalis Regency Based on Islamic Law

Abstract

This article analyzes the practice of inheritance carried out by the community in Bantan District of Bengkalis Regency Based on Islamic Law. The practice is based on their understanding of the very limited law of inheritance of Islam, resulting in misunderstandings that result in errors in inheritance practices. The approach and method is the sociological law study that collects the data by interviewing the responden. Data were analyzed by qualitative and inductive method. The results of the analysis in this article show that 1) people in Kecamatan Bantan was wrong in understanding the principle of balanced justice which is considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice should be in the same sense. Yet the meaning of the principle is that each heir of both men and women have equal rights in the acquisition of inheritance rights. Men get more rights not mean unfair, but in Islamic law determines that men are responsible for family burden. 2) Communities in Bantan District in understanding radd in Islamic law do not fully refer to Islamic Law Compilation (KHI) which become the reference in the determination of law. They divide radd only on the basis of customs that can be distributed to desirous heirs or mosques. 3) Communities in Bantan District consider that the heirs who died prior to the heirs can not be replaced by the heirs’ children. Whereas based on Article 185 paragraph (1) KHI the heir position can be replaced by the offspring both men and women.