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

Abstract

The old Malay community practises two main forms of custom; Adat Perpatih in Negeri Sembilan and Adat Temenggung in other states in Malaysia. The principle of patrilineal practice that prioritises male heirs in the distribution of inheritance, which is practised in the norms of the Adat Temenggung community, is seen to be in accordance with the provisions of Islamic law in the Quran regarding the distribution of inheritance. Meanwhile, the Adat Perpatih community tends to practice the matrilineal principle in their customary practices by prioritising female heirs in inheritance. The objective of this article is to examine the differences between the inheritance practices of common heritage and customary heritage in Adat Perpatih, as observed in Negeri Sembilan. This research is importance to provide understanding to the public regarding the difference between these two practice patterns. The methodology of this research is qualitative. Collection of research data used document analysis and the results of interviews with several individuals directly involved in customary land inheritance. Data obtained was thematically and comparatively analysed. Research results find that there are differences between the common heritage and customary heritage of inheritance practiced in Negeri Sembilan. The differences namely, in the type of property, determination of the rate of acquisition of property, method of dividing property and the right of adoption. This article concludes by proposing further research on the management and administration of inheritance in Negeri Sembilan, pertaining to both common heritage and customary heritage to enhance the understanding of the Muslim community and to improve the quality of services provided by the administrators.