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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This thesis aims to discuss the problem of the dualistic concept of inheritance division that occurs in the Gunung Tua community, Panyabungan District, Mandailing Natal Regency and how to resolve disputes that arise due to legal dualism that occurs in the Gunung Tua community, Panyabungan District, Mandailing Natal Regency.
This research identifies the problem of inheritance distribution which is influenced by legal dualism, namely Mandailing traditional inheritance law as will be explained later in this review and Islamic inheritance law as stated in Presidential Decree number 1 of 1991 concerning the Compilation of Islamic Law (KHI).
The method used in this research is a qualitative approach with a descriptive-analytical method, and the theories used in this research are the Mashlahah Murrasa theory and the theory of Legal Effectiveness. Effectiveness consists of law enforcement factors, means or facilities that support law enforcement and community factors, namely the environment in which the law applies or is applied and cultural factors, namely as a result of work, creativity and feelings based on human initiative in social life.
The research results show that there is legal dualism in the application of inheritance in the Mandailing community, namely the use of the Mandailing Traditional Inheritance Law and the Compilation of Islamic Law and the resolution of disputes that arise due to the dualism of the application of inheritance in which the mediators have been determined by custom.

103/PMH/2024

103/PMH/2024

Perpustakaan FSH Lantai 4

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