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Islam has set certain rules in the distribution of inheritance including customary land. In the meantime, local culture has its own distinctive approach to the issue of customary land different from the faraid method. This study examines the extent to which this local culture or uruf can be adopted in the issue of customary land distribution, especially in Negeri Sembilan. At the same time, this study discusses the terms of the acceptance of uruf in the granting of the estate based on the Quranic texts, Hadiths, the views of the scholars and the findings of interviews. This study is a descriptive qualitative study that applies the method of document analysis and semi-structured interviews. The findings conclude that customary land inheritance is a practice that has been practiced since ancient times in Negeri Sembilan succeeding to adat Minangkabau but needs to be in line with Islamic law. In addition, the granting of this customary land is not absolute, but based on the concept of a trustee stating that women are guarding the trust of their respective tribal lands. This study is very significant in resolving the issue of customary land inheritance to determine whether the practice of granting customary land is in line or in contravention of Islamic law.

malaysian journal of syariah and law/malaysian journal of syariah and law

Kajian Uruf Sebagai Justifikasi Penerimaan dalam Tanah Adat : Satu Analisa Fiqh = A Study of Uruf as Acceptance Justification in Customary Land : A Fiqh Analysis