PEMBAGIAN HARTA WARISAN ADAT KELUARGA ABDUL SALAM DI KOTA BONE: STUDI KOMPARATIF ANTARA KHI DAN FARAIDH

Abstract

This study examines the practice of customary inheritance distribution applied in the family of Abdul Salam in Kota Bone by conducting a comparative analysis with the provisions of inheritance distribution under the Compilation of Islamic Law (KHI) and Islamic inheritance law (faraidh). The background of this research is based on the social reality that inheritance practices among Muslim communities do not always fully conform to the normative provisions of Islamic law, but are also influenced by customary law that continues to live and develop within society. This research aims to describe the customary inheritance distribution practiced in the Abdul Salam family, analyze inheritance provisions according to KHI and faraidh, and compare the similarities and differences between customary practices and normative Islamic law. The research employs a descriptive qualitative method using interviews and document analysis as data collection techniques. The findings indicate that the inheritance distribution is carried out through family deliberation, granting larger portions to male heirs and allocating a share to a granddaughter, even though she is excluded under faraidh due to the presence of the deceased’s children. Meanwhile, inheritance distribution based on KHI and faraidh emphasizes proportional justice and legal certainty. This study concludes that although customary inheritance distribution is socially accepted, the application of KHI provides greater guarantees of justice and legal protection for heirs.