ANALISIS KEDUDUKAN ADAT DALAM HUKUM WARIS ISLAM DAN HINDU BESERTA IMPLIKASINYA

Tradition is recognized by Islamic law as a legal basis with several conditions. the use of tradition in the distribution of inheritance is not justified because it is contrary to the provisions of Islamic inheritance which are qat‘iyah al-dilalah and qat‘iyah al-wurud. The distribution based on tradition that can be done with the agreement of the heirs, as in article 183 of KHI. Tradition in Hindu is recognized as a source of law with conditions that are appropriate with atmavan. The position of tradition in inheritance law has been legalized its enforcement in an area based on Sloka 40 parts 60 chapter 7 Artastastra book. Both Islamic and Hindu laws create tradition as the basis for law enforcement. The use of tradition in the distribution of inheritance is not justified by Islam because of it contradicts with Syara’ argument. However, the distribution based on tradition can be done with the agreement of the heirs. In contrast, Hindu law legalizes customary enforcement in an area as inheritance law. Both Islamic and Hindu communities entitled to implement their religious or customary inheritance law in the distribution of inheritance, however in Islam is required the agreement of the heirs