Dinamika Hukum Waris Suku Komering antara Adat dan Syariah

Abstract

This article explores the traditional inheritance law system of the Komering Tribe in South Sumatra, with a main focus on how this customary law interacts with Islamic inheritance law which is also adhered to by the majority of society. In Indonesia, there are three legal systems that influence people's lives: western law, customary law, and Islamic law. In the context of inheritance law, each of these systems has different characteristics and procedures. In indigenous communities such as the Komering Tribe, customary law is still very strong, although in some aspects, Islamic law is also starting to influence it. This research identifies how the Komering Tribe community implements their inheritance system, including procedures for dividing inheritance, the role of traditional and religious leaders in resolving disputes, as well as the dynamics of the shift towards implementing Islamic law in the inheritance system. With a qualitative approach, data was obtained from interviews, observations and analysis of relevant literature to understand the interaction between customary law and Islamic law in the context of Komering society.