曼达宁纳塔尔区穆斯林社区的Sumando继承(伊斯兰法与习惯法比较研究)

Muhammad Hasan Nasution, Syahmedi Siregar, M. Y. Harahap
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引用次数: 0

摘要

Sumando是丈夫在婚后加入妻子的家庭。在纳塔尔地区的社区制度中,婚姻关系将创造遗产。不同的是,遗产的分配是根据习俗进行的,女性是继承人。女儿作为后代的继承人在各种习俗活动中受到尊重,包括在遗产分配中。如果从伊斯兰的继承法体系来看,这似乎是矛盾的。这是因为在伊斯兰教中,男性继承人的比例是女性的两倍。本研究采用定性方法进行描述性分析。该研究表明,在Sumando社会中,女性优先获得遗产,但如果继承的财产是金钱而不是物品,男性也会优先获得遗产。纳塔尔区的苏曼多土著人民仍然坚持母系制度。同时,基于伊斯兰教法的遗产分配是父系-夫家制的。这意味着男子和妇女都有权根据各自章节的规定进行继承。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Sumando Inheritance to Natal Muslim Community, Mandailing Natal District (Comparative Study of Islamic and Customary Law)
Sumando is the joining of a husband to his wife’s family after the marriage. In the Natal District community system, a marriage bond will create inheritance. The difference is, the distribution of inheritance is carried out based on custom where women are the heirs. Daughters as the successors of descendants receive honor in various customary events, including in the distribution of inheritance. If this is viewed from the Islamic inheritance law system, this surely seems contradictory. This is because in Islam, the share of men heirs is twice as much as that of women. This research was a descriptive analysis with qualitative methods. This research showed that women in Sumando society are prioritized to get inheritance, but men were also if the inherited property was in the form of money, not goods. The Sumando indigenous people of Natal District still upheld the matrilineal system. Meanwhile, the distribution of inheritance based on Islamic law was patrilineal-martilineal. This meant that men and women have the right to inherit according to the provisions of their respective sections.
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