Abstract

Law is an inherent part of Indonesian society, which does not only national law but also customary law. One of the customary laws in Indonesia is the Kaili customary law. Kaili customary law is only applicable to specific communities. Whereas Islamic law applies broadly to all Muslims. One of them is in the field of inheritance law. From many disputes that occur in inheritance law, the distribution of heritage in inheritance law has always been a major problem that occurs in society, both in Kaili's customary inheritance and Islamic inheritance laws. It is interesting to find out more that each of the rules has different dispute resolution where Kaili‘s customary inheritance law trusts Totua nu ada as a person who has the capability to distribute the heritage. This study was conducted by the Conceptual and Comparative Approach. In conclusion, Kaili indigenous community, are familiar with customary institutions, and, in Islamic law, they have the Religious Courts to resolve their inheritance disputes. Keywords: Customary Inheritance law, Islamic Law, Division of inheritance

Highlights

  • Inheritance law is a part of civil law and a small part of family law

  • From many disputes that occur in inheritance law, the distribution of heritage in inheritance law has always been a major problem that occurs in society, both in Kaili's customary inheritance and Islamic inheritance laws

  • Inheritance law is closely related to human life, which results from the emergence of rights and obligations for himself and the others

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Summary

Introduction

Inheritance law is a part of civil law and a small part of family law. Inheritance law is closely related to human life, which results from the emergence of rights and obligations for himself and the others. Humans will experience a legal event called death which will involve the relationship between him and his parents, relatives, and people who have a direct relationship with him. The inheritance law governs how to manage the rights and obligations after a person passed away. The definition of inheritance law is, “the inheritance law is a series of provisions, in which, due to the death of a person, the consequences in the field

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