Perspective of Islamic and Custom Law toward the Position of Mamak Kepala Waris in Managing High Ancestral Inheritance in Minangkabau

Abstract

Mamak kepala waris is the title name within a community whose role is to lead the whole community members, to handle, to manage, to observe and to be responsible to the community’s high ancestral inheritance. High ancestral inheritance is a property which owned by family member hereditary from woman side. This study aims to know the perspective of Islamic and custom law toward the position of mamak kepala waris in managing high ancestral inheritance in Minangkabau inhabitants. This study is an empirical juridical research with descriptive analysis methodology using comparative approach. The data were collected through observation, interview, and books, journals and laws theory. The result shows that the way mamak kepala waris manages the high ancestral inheritance is different with Islamic law. In Islamic law, theinheritance will be given to a son and daughter based on the Al-Qur’an and Hadiths. Meanwhile, the custom law in Minangkabau gives the inheritance to the woman lineage only.