Bagian Harta Waris Anak Laki-Laki yang Belum Menikah Adat Batak Angkola Muslim dalam Perspektif ‘Urf di Kecamatan Halongonan

Abstract

This study was motivated by the inheritance distribution practice among the Muslim Batak Angkola community in Halongonan District, where an additional share of the inheritance is allocated to unmarried sons to cover marriage expenses. This practice raises questions regarding its conformity with Islamic inheritance law and the concept of 'urf (custom) in Islamic jurisprudence. The study aims to analyze the inheritance distribution mechanism practiced by the community and assess its legal status from the perspectives of Islamic inheritance law and 'urf. This research employed an empirical legal method with a qualitative approach by collecting data through interviews, observations, and document analysis. The findings reveal that inheritance distribution is carried out only after the deceased's obligations, including funeral expenses, debt settlement, and the execution of valid wills, have been fulfilled in accordance with Islamic principles. However, the community maintains a customary practice of reserving a portion of the estate for unmarried sons as financial support for marriage preparation, reflecting values of family responsibility, compassion, and social solidarity. Nevertheless, from the perspective of Islamic inheritance law, this practice is inconsistent with the rules of faraidh because it alters the inheritance shares explicitly prescribed by Islamic law. Therefore, the practice cannot be classified as 'urf sahih (valid custom) but rather constitutes 'urf fasid (invalid custom) because it contradicts the established principles of Islamic law.