PEMBAGIAN HARTA WARISAN SEBELUM ORANG TUA MENINGGAL STUDI KASUS MASYARAKAT MUSLIM KECAMATAN MEDAN TEMBUNG

Hukum waris

Abstract

This study discusses the practice of inheritance distribution before the parents' death

among the Muslim community in Medan Tembung District. This phenomenon reflects

the dynamic interplay between Islamic law, customary law, and social practices in the

division of inheritance. According to Islamic law, inheritance can only be distributed

after the death of the testator. However, in Medan Tembung, early distribution is often carried out to avoid conflicts among heirs. This research uses a socio-legal approach

with an empirical method based on field observations. The findings show that the

community applies three inheritance systems: individual, matrilineal, and

parental/bilateral. The distribution is conducted through hibah (grants) or wasiat

(wills), typically documented in a written statement and often legalized by local

community leaders or notaries. Cultural factors, education levels, and legal awareness

significantly influence the variation in distribution systems. Most families still

distinguish between the inheritance shares of sons and daughters, with sons typically

receiving a larger portion. Community leaders play a vital role in mediating disputes,

and if consensus is not reached, legal channels are pursued. These findings highlight

the importance of legal education and the need for synergy among religious law,

customary practices, and state law to ensure fairness in inheritance distribution