PEMBAGIAN WARISAN LEBIH BESAR UNTUK ANAK SULUNG DI KELURAHAN SRAGI KABUPATEN PEKALONGAN

Abstract

The background of this research is that in social life can not be separated from the problem of property, especially regarding the distribution of inheritance. The people of Sragi, whose majority are Muslims but do not fully use Islamic law, one of the unique phenomena that will be discussed is the distribution of inheritance for the eldest child. The Sragi community as well as the Javanese community culturally since childhood have been infused with cultural values in it. Typical Javanese people prioritize their obligations over rights, they have a noble culture that emphasizes life to strive to maintain harmony. In Javanese cultural values, especially regarding the eldest child, the eldest child is considered the oldest to have matured first and is kuwat gawe (able to work) so that he is responsible to his parents and younger siblings. The discussion that will be taken is about how the practice of dividing inheritance for the eldest child is? What is the background for the distribution of Sragi's inheritance? and how is the Islamic law review related to the inheritance distribution practice? This legal research is sociological, the data collection method is by means of observation, interviews and documentation. The data analysis technique used is qualitative analysis which includes, among others: data reduction, presentation and conclusion. The results of this study indicate that the distribution of inheritance is greater for the eldest child is influenced by cultural values that are in line with sharia maqosid. The greater gift of the eldest child can be justified if the other heirs are willing or accepting because they get a smaller share than the eldest child. If the larger gift is based on deliberation and the pleasure of the heirs, especially the heirs who get a smaller share, then this is not wrong.