Antara Adat dan Faraid: Praktik Pembagian Waris Masyarakat Muslim di Kecamatan Lubuk Barumun, Padang Lawas

Abstract

This study aims to analyze inheritance distribution practices among Muslim communities in Lubuk Barumun District, Padang Lawas Regency, and to examine the relationship between customary traditions and Islamic inheritance law (faraid) in determining the rights of heirs. This research employed a qualitative descriptive approach through interviews with customary leaders, Islamic scholars, village officials, mosque administrators, and family members of heirs, complemented by an examination of 30 inheritance cases from 2015 to 2025. The findings reveal three patterns of inheritance distribution: customary-dominant practices in 12 cases (40%), formal faraid distribution in 7 cases (23%), and hybrid practices in 11 cases (37%). Customary-dominant practices tend to prioritize male descendants in the ownership of ancestral land and houses, resulting in women's inheritance rights not always being consistent with the provisions of the Compilation of Islamic Law. Meanwhile, formal faraid distribution follows the 2:1 inheritance ratio, whereas hybrid practices combine lifetime gifts, faraid principles, and family deliberations. These practices are influenced by kinship traditions, religious understanding, the nature of inherited assets, and family agreements. This study concludes that harmonizing customary traditions and faraid principles requires greater emphasis on protecting the inheritance rights of all heirs, particularly women, through inheritance education and fair family deliberations.