al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103
ISSN: 1907-591X.
E-ISSN: 2442-3084
DOI: https://doi.
org/10.
19105/al-lhkam.
Portion of Married Daughters in Inheritance Share among Angkola Batak Community Raja Ritonga Sekolah Tinggi Agama Islam Negeri Mandailing Natal.
Indonesia email: rajaritonga@stain-madina.
Sumper Mulia Harahap Universitas Islam Negeri Sheikh Ali Hasan Ahmad Addary.
Padangsidimpuan.
Indonesia email: sumper_mulia@yahoo.
Asrul Hamid Sekolah Tinggi Agama Islam Negeri Mandailing Natal.
Indonesia email: asrulhamid@stain-madina.
Andri Muda Sekolah Tinggi Agama Islam Negeri Mandailing Natal.
Indonesia email: andrinst@stain-madina.
Zuhdi Hsb Sekolah Tinggi Agama Islam Negeri Mandailing Natal.
Indonesia email: zuhdihsb@stain-madina.
Article history: Received: November 19, 2022.
Accepted: January 18, 2023.
Published: June 15, 2024 Abstract:
It is believed that Islamic law provides a fair share for inheritance among men and women or among sons and However, it does not always happen that way like what occurs in Angola Batak community with Muslims as its majority at the South Tapanuli.
This article focuses on married daughtersAo gain in inheritance share.
The problems discussed are: First, what are the types of married daughtersAo inheritance Author correspondence email: rajaritonga@stain-madina.
Available online at: http://ejournal.
id/index.
php/alihkam/ Copyright .
2024 by Al-Ihkam.
Jurnal Hukum dan Pranata Sosial Portion of Married Daughters in Inheritance Share among Angkola Batak Community gain in Angkola BatakAos customs? Second, what are triggering factors beyond the types of married daughtersAo inheritance gain? Third, how does the sharing practice imply to the Islamic law? This field research relies on primary data obtained from both observation and interviews.
Research informants were selected based on relevance criteria to the research subject.
Angkola Batak women who get the inheritance share from their birth families and some relevant parties.
Additionally, it also used secondary data from a literature study employing a sociological approach to reveal the reality vividly.
The interpretative data analysis was through several stages starting from data collection and reduction and then drawing conclusions.
It reveals four types of married daughtersAo share in inheritance: .
in contrast to the share of sons, .
the share is collectively distributed among fellow sisters, .
the share is temporary, and .
no inheritance gain at all.
Second, the four types stem from both socially constructed considerations as well as divinely given Third, the share implies either improvisation, deviance, as well as local values embed in Islamic law.
Keywords:
Angkola Batak.
Inheritance.
Share.
Married Daughters.
Islamic law Introduction Dividing inheritance in Batak Angkola community typically occurs after the death of a deceased.
1 However, sometimes, it happens when the predecessor who inherit are still alive due to some specific reasons, such as to avoid any conflict among heirs.
2 The decision to 1 Jaja Ahmad Jayus.
AuEksistensi Pewarisan Hukum Adat Batak,Ay Jurnal Yudisial 12, no.
: 235Ae53, https://doi.
org/10.
29123/jy.
2 Endah Amalia and Ashif Az Zafi.
AuPenyertaan Gender dalam Hal Pembagian Warisan,Ay AHKAM .
213Ae32, https://doi.
org/https://doi.
org/10.
21274/ahkam.
Abu Yazid Adnan Quthny.
AuPeralihan Kekayaan Warisan dalam Madzhab Syafy'i (Studi Pemikiran Syaikh Said Ibn Saad Ibn Nabhan Al-Hadlramiy dalam Kitab iddat AlFAri.
,Ay Jurnal Asy-SyariAoah .
98Ae111, https://doi.
org/https://doi.
org/10.
55210/assyariah.
Zainal Muttaqin.
AuHukum Penyegeraan Pelaksanaan Pembagian Harta Warisan (Analisis Ushul Fiqh terhadap Hadis Aluiqul FarAish bi AhlhA),Ay Syaksia : Jurnal Hukum Perdata Islam 22, no.
: 183Ae96, https://doi.
org/10.
37035/syakhsia.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
either organize the inheritance distribution sooner or later usually depends on familial consideration and situation.
Moreover, although taking and giving inheritance certainly aim to continuously turn over the ownership of any property to the heirs so that they can get benefits3 and take care of it,4 inheritance sharing typically causes problems and conflict in a family, including that of AngkolaAos society.
Therefore, the timing of the distribution typically considers efforts to avoid this type of conflict.
Conflict over inheritance particularly happens when some heirs assume that the distribution is not fair6 and or contradictory with what is believed to be the right of gain belonging to each of the 7 In the context of Angkola Batak community, however, this sort 3 Fabry Isman.
AuAnalisis Yuridis Bercampurnya Harta Warisan dengan Harta Pribadi dalam Hukum Islam.
Studi Kasus Putusan Pengadilan Mahkamah SyariAoah Bireuen No.
297/PDT.
G/2012/MS-BIRAy (Fakultas Hukum Universitas Sumatera Utara, 2.
Said Ali Assagaff dan Wira Franciska.
AuPerlindungan Hukum Bagi Ahli Waris terhadap Harta Warisan yang Beralih Tanpa Persetujuan Seluruh Ahli Waris,Ay Jurnal Kemahasiswaan Hukum dan Kenotariatan 1, no.
: 279Ae90.
4 Raja Ritonga.
AuThe Concepts and Methods of Dzawil Arham Heritage Calculation: Analysis and Practice,Ay Nurani: Jurnal Kajian SyariAoah Dan Masyarakat 21, 2 .
: 159Ae74, https://doi.
org/10.
19109/nurani.
Raja Ritonga.
AuTaAoyin.
Penentuan Bagian Ahli Waris Sebelum Pembagian Warisan,Ay Al-Syakhshiyyah 3, no.
: 29Ae47, https://doi.
org/10.
35673/as-hki.
5 Anita Kamilah and Rendy Aridhayandi.
AuKajian terhadap Penyelesaian Sengketa Pembagian Harta Warisan Atas Tanah Akibat Tidak Dilaksanakannya Wasiat oleh Ahli Waris Dihubungkan dengan Buku II Kita Undang-Undang Hukum Perdata tentang Benda (Van Zake.
,Ay Jurnal Wawasan Yuridika 32, no.
: 22,
https://doi.
org/10.
25072/jwy.
Maria Kaban.
AuPenyelesaian Sengketa Waris Tanah Adat Pada Masyarakat Adat Karo,Ay Mimbar Hukum 28, no.
: 453Ae65, https://doi.
org/10.
22146/jmh.
6 Kamilah and Aridhayandi.
AuKajian terhadap Penyelesaian Sengketa Pembagian Harta Warisan Atas Tanah Akibat Tidak Dilaksanakannya Wasiat oleh Ahli Waris Dihubungkan dengan Buku II Kita Undang-Undang Hukum Perdata tentang Benda (Van Zake.
Ay.
Ahmad Falih Mahrus.
AuKekuatan Hukum Penyelesaian Sengketa Waris Melalui Mediator Tokoh Masyarakat di Desa Wonosalam Kecamatan Wonosalam Kabupaten Demak,Ay Al-HukamaAo 9, no.
: 47Ae75, https://doi.
org/10.
15642/alhukama.
7 Raja Ritonga.
AuHak Waris Janin dan Metode Hitungan Bagiannya dalam Waris Islam.
Analisis dan Aplikatif,Ay Mizan: Journal of Islamic Law 5, no.
: 29,
https://doi.
org/10.
32507/mizan.
Salman Alfarisi.
AuHak Waris Anak dalam Kandungan Menurut Fikih SyafiAoi dan Kompilasi Hukum Islam,Ay Juripol (Jurnal Institusi Politeknik Ganesha Meda.
134Ae40, https://doi.
org/10.
33395/juripol.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community of complaint or dissatisfaction usually comes from male heirs or sons,8 while female heirs or daughters tend to be passive and reluctant to actively engage in the discussion because they are accustomed to do so for a long time.
9 In other words, they tend to agree on the decision without considering their own share of the inheritance which tends to be so little compared to that of males.
This situation stems from Angkola BatakAos patrilineal system which recognizes that inheritance comes from the father or menAos 10 Likewise, marga as one of the basic identities in AngkolaAos society can only be inherited through the maleAos line.
11 As a consequence, men become the ones who get the ownership of inheritance property while women tend to be in a marginalized position with lower gain.
12 They are deemed to have a passive role in daily life, including in family discussions in which they only serve as 8 Miftahul Huda.
Niswatul Hidayati, and Khairil Umami.
AuFiqh and Custom Negotiation in Avoiding Inheritance Dispute Tradition among Mataraman Society East Java,Ay Al-Ihkam: Jurnal Hukum dan Pranata Sosial 15, no.
: 224Ae50, https://doi.
org/10.
19105/al-lhkam.
Faisal Bin Husen Ismail Muzana.
Zaitun.
Jasni Bin Sulong.
AuCustomary Practices of Sharing Inheritance : An Analysis of Society Practices in Pidie Aceh Darussalam,Ay Al-Ihkam: Jurnal Hukum dan Pranata Sosial 11, no.
: 275Ae92, https://doi.
org/10.
19105/al-ihkam.
Andi Sukmawati Assaad et al.
AuGender Equity in Inheritance System: The Collaboration of Islamic and Bugis Luwu Customary Law,Ay Al-Ihkam: Jurnal Hukum dan Pranata Sosial 17, no.
: 458Ae79, https://doi.
org/10.
19105/al-Ihkam.
9 Xiao Lan Curdt-Christiansen.
AuObservations and Field Notes,Ay in The Routledge Handbook of Research Methods in Applied Linguistics (Angkola Julu, 2.
, 336Ae 47, https://doi.
org/10.
4324/9780367824471-29.
10 Zuhraini Zuhraini.
AuHak Kewarisan Suami dalam Pernikahan Semanda pada Masyarakat Hukum Adat Lampung Sebatin,Ay Asas 10, no.
: 46Ae63, https://doi.
org/10.
24042/asas.
Hilman Hadikusuma.
Hukum Waris Adat (Bandung: Citra Aditya Bakti, 2.
11 Amrar Mahfuzh Faza.
Dedisyah Putra, and Raja Ritonga.
AuPerkawinan Semarga Masyarakat Batak Angkola: Implementasi Hife Al-AoIrd dan Hife Al-Nasl Pada Sanksi Adat,Ay Al-HukamaAo: The Indonesian Journal of Islamic Family Law 11, no.
29Ae54, https://doi.
org/https://doi.
org/10.
15642/alhukama.
12 Sumper Mulia Harahap.
AuIslam dan Budaya Lokal : Studi terhadap Pemahaman.
Keyakinan, dan Praktik Keberagamaan Masyarakat Batak Angkola di Padangsidimpuan Perspektif Antropologi,Ay Toleransi 7, no.
: 154Ae76, https://doi.
org/http://dx.
org/10.
24014/trs.
Muhammad Nuddin.
Pendidikan Islam Berbasis Multikultural: Analisis Konsep Dalihan Na Tolu Masyarakat Batak Angkola-Mandailing (IAIN Padangsidimpuan, 2.
13 Curdt-Christiansen.
AuObservations and Field Notes.
Ay al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
Whether married or not.
Angkola Batak women typically deal with a similar situation.
Unmarried women are economically dependent on their birth family, while the married ones are to their If a single woman still goes to school, for instance, her parents or older brothers will cover the tuition and living costs and so will the wedding cost.
Once they get married, the responsibilities move to their husbands or the husbandsAo families.
Therefore, it is deemed ok when married daughters only get some coconut trees as their inheritance from their birth family.
In fact.
Islamic law mandates that everyone has the same rights and equal opportunities to get an inheritance from their 15 Women even get the priority share16 when categorized as ashabul furudh.
Ashabul furudh is a group whose inheritance gain is mentioned and determined in the QurAoan and Sunnah.
It was categorized as the first-class heirs among fellows.
Meanwhile, most male heirs are categorized as ashobah whose portion is not firmly determined in both sources.
There are three possibilities for their share and position.
First, they get all properties if there are no other heirs.
Second, they get the remainder property if there find ashabul furudh.
Third, they do not get the inheritance because there is no remainder after the share among ashabul furudh or the first group of heirs is distributed.
In short, there is a gap between what the Islamic law guides and how Angkola Batak people practice the share of inheritance.
14 Curdt-Christiansen.
15 Muhammad Khalifah and Taha Abu Al AoAla.
AukAm Al-MawArth DirAsah Tabqyah (Kairo: Dar Al Salam, 2.
Syekh Muhammad Ali Shobuni.
Al-MawArth F Ash-SharAoah Al-IslAmyah F Uaw Al-KitAb Wa as-Sunnah (Kairo: Daar Ash Shobuni.
Naser Farid Muhammad Washil.
Fiqhu Al-MawArth Wa Al-Wayah (Kairo: Dar Al Salam, 1.
16 Raja Ritonga.
AuThe Firts Class of Women Heir Member in The Observation of Surah An-Nisa Ayat 11, 12 and 176,Ay Al- Ao A Dalah : Jurnal Syariah dan Hukum Islam 6, no.
: 1Ae17, https://doi.
org/10.
31538/adlh.
17 Raja Ritonga and Martua Nasution.
AuTeori Penentuan Bagian Ahli Waris Ashabul Furudh Menurut Konsep Syajarotul Mirats,Ay TERAJU: Jurnal Syariah Dan Hukum 4, no.
: 15Ae25, https://doi.
org/10.
35961/teraju.
18 Lajnah Qism Al Fiqh Fak.
Syariah wal Qonun.
Fiqh Al Mawarits (Kairo:
Universitas Al Azhar, 2.
Abu AoAsAoad Mansur bin Hasan Yahya AoAsAoad.
Aina Haqqu Haulain Nisa Min Al Irst (Riyad: Maktabah Malik Fahd, 1.
Muhammad El AoId Al Khothrowi.
Ar Roid Fi AoIlmi Al Faraidh (Madinah Al Munawwaroh: Maktabah Darul Turats, n.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community While the QurAoan explains that men and women equally have the same rights and share with their parents,19 Angkola Batak community always puts males as the obstacles for female heirs to get the share.
The former is put as bringing unfortunate to the latter.
20 This occurs the same in the case of married daughters, the subject of this study which, as mentioned earlier, are considered to be under their husbandAos protection and responsibility, mainly in the economic The global discussion related to the distribution of inheritance in AngkolaAos society has been elaborated by scholars.
Martua Nasution, for instance, observed the distribution of inheritance among Angkola Batak using the perspective of the QurAoan.
21 Another researcher discussed inheritance disputes among Angkola Batak community resolved through local wisdom reinforcement.
22 It also found a discussion with different types, like that of Rizkon Hasanah which reveals the influence and transformation of perspectives on the distribution of inheritance among Angkola Batak community.
Although the study subject is the same as those previous researches, namely inheritance among Angkola BatakAos tribe, this current one differs by its main focus on women, or particularly married daughtersAo share of inheritance which, to many extents, shows a lower portion compared to that of sons.
This study will describe the types of inheritance share gain of Angkola Batak married daughters, the triggering factors beyond the gain, and its implication on Islamic law.
19 Kementerian Agama Republik Indonesia.
Al- QurAoyn Al- Karym Dan Terjemahannya (Surabaya: Halim, 2.
20 Sumper Mulia Harahap.
Martua Nasution, and Raja Ritonga.
AuKonsep Dan Metode Penyelesaian Kewarisan Antara Kakek Dengan Saudara Menurut Syekh Ali Ash Shobuni,Ay Istinbath .
57Ae86, https://doi.
org/10.
20414/ijhi.
21 Martua Nasution Raja Ritonga.
AuSistem Waris Masyarakat Muslim Batak Angkola dalam Tinjauan AlqurAoan ( Studi Komparasi Surah An-Nisa Ayat 11, 12 Dan 176 ),Ay Asy-Syari`ah: Jurnal Hukum Islam 7, no.
: 209Ae33, https://doi.
org/10.
36835/assyariah.
22 Framita Utami.
AuAnalisis Yuridis Penyelesaian Sengketa Pembagian Waris Berdasarkan Hukum Adat Angkola di Kabupaten Tapanuli Selatan,Ay Tesis (Universitas Sumatera Utara, 2.
23 R Hasanah.
AuPembagian Harta Warisan Menurut Adat Angkola terhadap Anak Perempuan (Studi di Lembaga Adat Jus Ni Roha Kecamatan Angkola Barat Tapanuli Selata.
Ay (Universitas Muhammadiyah Sumatera Utara, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
Methods This field research-based study aims to vividly describe the phenomenon of married daughtersAo inheritance gain among Angkola BatakAos community.
The data was obtained through relevant observations, interviews and literature studies.
Observations were carried out on families who distributed the inheritance around a subdistrict called Angkola Julu due to its reachability and availability.
Meanwhile, deep interviews were carried out specifically for families with female heirs, namely married daughters, people who share the inheritance, and religious and traditional leaders.
They are listed using purposive sampling techniques to obtain valid data.
The approach used is a sociological approach in order to reveal the reality of law in society, while the analysis used is interpretative.
Results and Discussion Types of Women HeirAos Gain in Angkola Batak CommunityAos Customs Indonesia has a variety of customs and cultures, from one region to another, the customs and cultures are different.
24 Angkola Batak tribe is a Batak sub-tribe originating from North Sumatra.
daily use, the term Angkola can be interpreted as a name of either a tribe or a region in Padangsidimpuan City and Southern Tapanuli in North Sumatra.
In general, people who live in AngkolaAos area are Angkola BatakAos tribe.
They still enliven local customs in their daily life rooted in local wisdom related to both pleasant .
and sad moments .
, including when dividing the inheritance.
One of Angkola BatakAos community local wisdom is marriage which is deemed as a symbol of maturity and independence.
Married men are required to manjae, namely leaving their parentsAo houses and 24 Elfia.
Surwati, and Bakhtiar.
AuThe Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia,Ay Al-Istinbath: Jurnal Hukum Islam 8, no.
: 75Ae94, https://doi.
org/10.
29240/jhi.
Elfia.
Surwati, and Yan Fajri.
AuKewarisan Beda Agama di Nagari Persiapan Bancah Kariang Kecamatan Kinali Kabupaten Pasaman Barat,Ay Al-Istinbath: Jurnal Hukum Islam 6, no.
: 341Ae66, https://doi.
org/10.
29240/jhi.
25 Abbas Pulungan.
Dalihan Na Tolu, ed.
Ahmad Bulyan Nasution.
Perdana Publishing (Medan: Perdana Mulya Sarana, 2.
Suheri Harahap.
Tapabuli Selatan Bumi Dalihan Na Tolu (Medan: CV.
Manhaji, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community moving into their own.
Meanwhile, married women are prohibited from coming alone to their parents' house unless there is any urgent Visits without any urgent need would be seen as bringing down the dignity of the family.
This understanding emerges because, for Angkola BatakAos community, husbands are fully responsible for their wives and they cannot just come to their parent's house with no The different treatment for men and women in Angkola BatakAos community is due to their respective roles in society.
Men who are prepared as the familyAos successors typically get much support from the family.
Meanwhile, women who will get out of their birth family and become part of their husband's families do otherwise.
This inevitably has an impact on their inheritance portion, namely for married daughters and sons.
27 In most cases, the formers get a smaller gain rather than the later presented in Table 1.
Table 1.
Angkola Batak Married DaughtersAo Inheritance Gain Type and Respective Condition Married DaughtersAo Gain Obtaining a very contrasting ratio to the sonsAo share Obtaining a collective share of inheritance among fellow sisters .
oint ownership among daughter.
Obtaining a temporary share.
pulled back by her birth family Not getting any inheritance at all Condition When the sons agreed to do When there found two or more daughter in the heirs When daughters do not have children or male descendants When the sons agreed to do Table 1 shows the comparison of inheritance gain received between sons and daughters which is very contrasting with one In the first type, sons can receive almost all the inheritance which left behind.
Meanwhile, female heirs only get a relatively small 26 Shinta Romaulina Nainggolan.
AuEksistensi Adat Budaya Batak Dalihan Na Tolu pada Masyarakat Batak (Studi Kasu.
Ay (Universitas Negeri Semarang, 2.
, http://lib.
id/6287/1/7794.
D Andarini.
H Hidayat, and I Hajar.
AuTradisi Marpege-Pege dalam Upacara Adat Perkawinan Batak Angkola Padangsidimpuan,Ay Jurnal Antropologi Sumatera 17, no.
: 56Ae58, https://jurnal.
id/2012/index.
php/jas/article/view/20026.
27 Curdt-Christiansen.
AuObservations and Field Notes.
Ay al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
share, such as receiving several coconut trees or a plot of rice field whose nominal value is far lower than the share received by sons.
It is even common to find many cases where daughters do not receive any inheritance28 like at the fourth type.
Meanwhile, the second and third types respectively show the different situations yet with the same small gain for the daughters.
the second type, their gainAiwhich is already small compared to that of sonsAiis still divided among fellow daughters.
This typically happens in a family with more than one daughter.
Another type, namely the third one, implies not only inequality but also discrimination in which womenAos access to the inheritance share depends on the existence of other people, namely offspring from their marriage with a preferable sex, namely male children.
In another word, the inheritance gain can be pulled back when they are found to be childless in their marriage or have no sons.
Compared to others, this type is relatively unique and can be barely found in other Despite its diverse details with respective conditions, those four types clearly show how women, either in general meaning or daughters, are put in an unfortunate position, let alone in their inheritance gain.
In fact, access to inheritance gain assures them higher prestige, respect, and bargaining position in both family and Therefore, when they get .
a smaller share, dependent gain, or even no access at all to it, they will remain in the same position as a passive part in their own circle or even worse with no possibility to actively engage in playing any important role, let alone in decision making or for doing self-actualization.
Triggering Factors beyond Married DaughtersAo Inheritance Gain Types For Angkola BatakAos community, men are prepared to be successors of the family due to theirAideemed to ownAiadvantages over women.
They also have a big chance to become heads of clan as well as traditional leaders, while women have no access on to those This perception makes the position of women increasingly marginalized in both of their families and society.
This also has an impact on procedures for dividing inheritance in the family.
In other 28 Curdt-Christiansen.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community words, because men have an important role in society, their share is greater than that of women.
The expression above is in line with the statement of an informant, namely MM Harahap, a traditional figure in the society as AuMen are given priority to receive inheritance because the traditional responsibility falls on their shoulders.
Meanwhile, women are .
supported by their husband and cannot become successors of traditional leadersAy30 (Interview excerpt, 20 February 2023translate.
The above excerpt implies that the greater share for men is reasonably set due to a common belief on the role they are going to play in the future.
Interestingly.
Angkola women tend to consider it as a normal thing.
Another informant, namely HM Harahap, a married woman, seemed to agree that women cannot become traditional leaders in Angkola BatakAos community and likewise, their role in the family circle is very limited.
She added that respective roles between both impact the distribution of inheritance, so it makes sense for married women to get a collective share.
Verbally, she mentioned so.
AuAs women, we cannot become traditional leaders because according to tradition, only men have the right to lead traditional activities.
When a woman is married, she must fully join her husband or her husband's family.
Our role in the society is determined by gender and birth family structure.
So even in dividing the inheritance, we 29 Harisan Boni Firmando.
AuOrientasi Nilai Budaya Batak Toba.
Angkola dan Mandailing dalam Membina Interaksi dan Solidaritas Sosial Antar Umat Beragama di Tapanuli Utara (Analisis Sosiologi.
,Ay Studia Sosia Religia 3, no.
: 47Ae69, https://doi.
org/10.
51900/ssr.
Nainggolan.
AuEksistensi Adat Budaya Batak Dalihan Na Tolu Pada Masyarakat Batak (Studi Kasus Masyarakat Batak Perantauan di Kabupaten Brebe.
Ay 30 Sumper Mulia Harahap & Raja Ritonga.
AuInterview with MM HarahapAy (Angkola Julu, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
only get a little by a collective shareAy31 (Interview excerpt, 04 February 2023-translate.
The second excerpt implies that HM has a fellow sister.
in her birth family, so she only gets a collective share of the inheritance.
Additionally, it is very likely that there were no male heirs with greater share than her and her fellow sisters because she mentions gender as a determining factor in both societyAos role and inheritance HMAos expression also shows no objection indicating her compliance with the tradition.
Existing and future roles of both men and women in the family and society, therefore, do matter in setting the little inheritance gain for women.
While men are prepared as leaders.
Angkola BatakAos community put women, particularly married daughters, as partners to discuss before carrying out any traditional events.
When there is no such event, they will not be involved in their birth familyAos discussion, namely about inheritance.
This is because their role is expected to be more dominant in their husband's family considering that the husband's duties as the successor of traditions require assistance from their wives.
This was conveyed by R Siregar, a married female informant as follows:
AuWhen women are married, they are only invited to discuss the traditional activities in their birth family.
Other than that, they live and play a role in their husbandAos families.
Therefore .
n our birth familyAos inheritance shar.
, we only received a piece of rice field, while men still got a garden, a house, and rice fields too.
The comparison is indeed very contrasting, but the tradition sets it this wayAy32 (Interview excerpt, 15 February 2023-translate.
Different from the first two informants, the third informant shows soft resistance to the inheritance share.
However, she ended up admitting that she had no other choice but to obey the tradition.
It is Sumper Mulia Harahap & Raja Ritonga.
AuInterview with HM HarahapAy (Angkola Julu, 2.
32 Sumper Mulia Harahap & Raja Ritonga.
AuInterview with R SiregarAy (Angkola Julu, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community also clear from the excerpt that another rationale beyond the greater share of men is because that women, namely married women, are considered as a part of their husbandAos family rather than their birth It is their husband who gets a greater share in his family rather than female heirs so the inheritance portion they get reasonably becomes less in their birth family.
Using this rationale, very contrasting shares between men and women are considered normal like what was conveyed by DR Siregar, another married woman.
She mentioned that her family divided the inheritance with a very big difference in which married daughters only receive their share in the form of salak .
nake frui.
the contrary, sons get houses, rice fields, gardens, and a field.
The ratio of gain is very different from one another.
AuI only received salak garden from my birth familyAos Meanwhile, men in our family get houses, rice fields, and gardens, including a field.
Their share is certainly much larger and bigger than mine.
What I received were just mementos or memories from my This means that as a daughter.
I also get a share of the family inheritance, no matter how little it is.
Ay33 (Interview excerpt, 15 February 2023-translate.
It becomes more obvious that in addition to considering the role of both in society and families of each, another factor beyond womenAos little inheritance gain is formality.
Meaning to say, no matter how little they get the inheritance portion, as long as they get it, it will be considered done.
Moreover, the ownership could be possibly taken down when a bad thing happens.
A married daughter who does not get any offspring in her marriage is required to return the inheritance they get.
Angkola Batak society assumes that the inheritance given to descendants is the heirloom property belonging to the big family.
Therefore, if the inheritance canAot be given to the next generation and stops at that point because of childless marriage, it needs to be turned 33 Sumper Mulia Harahap & Raja Ritonga.
AuInterview with DR SiregarAy (Angkola Julu, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
into other members of the big family.
In other words, those women do not have the right to give their inheritance to their husbands.
Among others, this happens in T HarahapAos, a married woman informant who returned the inheritance to her family as she told as AuThe rice fields I received from my family inheritance will certainly be returned later because I have no living Meanwhile, this property is a family heirloom that cannot be given to anyone other than my extended family membersAy34 (Interview excerpt, 5 February 2023-translate.
This aspect is perhaps the most peculiar one that anyone can barely find it in another culture.
It strongly suggests the low position of women in inheritance gain in the community.
Not only do they get less share than of men in any case, there is also found possibility that they need to return the inheritance they once got.
This certainly puts them in a double unfortunate position, namely when considering that infertility can happen to both men and women and only women who get the consequence of returning the inheritance.
Putting women in unfortunate positions also occurs in another An heir who does not have sons possibly needs to return the inheritance as experienced by AS Harahap, a married woman, who told so.
AuRice fields that we have been managing this far will be withdrawn by my uncle because my father does not have any sons.
The rice fields were a legacy from my grandfather or are called heirlooms.
According to the tradition, female descendants do not have the right to inherit the familyAos inheritanceAy35 (Interview excerpt, 17 February 2023-translate.
Sumper Mulia Harahap & Raja Ritonga.
AuInterview with T HarahapAy (Angkola Julu, 2.
35 Sumper Mulia Harahap & Raja Ritonga.
AuInterview with SA HarahapAy (Angkola Julu, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community This unwritten norm can be said to be more discriminatory.
also depends on each familyAos agreement on whether they will apply the rule and to which family members the withdrawal will be turned.
Apart from this, the scheme of this withdrawal highly indicates how society puts women in a very unfortunate position.
Being a woman oneself or having .
daughters likely brings to the withdrawal of inheritance assets that no one will not experience joyfully.
In short word, although women have the possibility to get an inheritance gain which can be certainly said to be lesser than that of men, they are still treated with the withdrawal scheme impacting not only themselves but also their families.
The scheme of withdrawal of inheritance assets was reinforced by IT Hutasuhut, a traditional figure who seems to strongly adapt this He mentioned as follows:
AuFamily assets are intended .
s inheritanc.
for family members only.
In our tradition, only men can carry on the family clan, so the ownership of property can only be continued through their line.
Meanwhile, married daughters cannot inherit the surname of the family .
ecause they are entitled to their husbandAos surnam.
and neither do they get inheritance.
Family members who do not have any children or only have female descendants must return the inheritance assets to the extended familyAy36 (Interview excerpt, 20 February 2023-translate.
As a part of the excerpt indicates, eventually, among all the possibilities, the situation when women get nothing at all is the worst This is experienced by RN Simanjuntak, a married woman who did not receive any inheritance at all.
In accordance with her explanation, married women are considered free .
rom any right to get inheritance from their parental famil.
due to the shifting responsibility to their husbands once they get married.
She mentioned the situation as follows:
36 Sumper Mulia Harahap & Raja Ritonga.
AuInterview with IT HutasuhutAy (Angkola Julu, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
AuIn our family, women do not get inheritance.
All of our parents' property was divided among men.
Women are considered as a part of responsible .
of their husbandsAy37 (Interview excerpt, 15 February 2023translate.
From the whole representative cases above, it can be inferred that triggering factors beyond womenAos inheritance portion among Angkola Batak community, whether lesser than men, jointly owned by fellow sisters, required to be returned, or not getting inheritance at all are due to four.
menAos future role in society, division of labor between both in the family circle, the shifting role of women after married, and the matter of descendants .
xistence and sex types of Among the four, it is the last factor that is heavenly given in which no human intervention plays any role, while the other three are socially constructed.
Implication of Angkola Batak Inheritance Share for Married Women to Islamic Law Islamic law regulates all aspects of human life both to realize happiness in this world and to seek happiness in the hereafter.
38 The study of Islamic inheritance has become a serious study by Muslims, especially Islamic thinkers, because of the Qur'anic explanation that provides a more detailed formulation of the procedure for distributing inheritance as stated in surah al-NisaAy .
verses 11, 12, 39 In this case.
Islamic inheritance becomes an interesting discussion when it is related to the position of male and female heirs.
37 Sumper Mulia Harahap & Raja Ritonga.
AuInterview with RN SimanjuntakAy (Angkola Julu, 2.
38 Abdul Mutakabbir.
Hastuti, and Mikdar Rusdi.
AuThe System of Inheritance Distribution in South Sulawesi,Ay Ijtihad: Jurnal Wacana Hukum Islam Dan Kemanusiaan 23, no.
: 57Ae76, https://doi.
org/10.
18326/IJTIHAD.
V23I1.
Ridwan.
AuGender Equality in Islamic Inheritance Law: Rereading Muhammad ShahrurAos Thought,Ay Al-Manahij: Jurnal Kajian Hukum Islam 16, no.
: 181Ae92, https://doi.
org/10.
24090/mnh.
39 Lalu Supriadi Bin Mujib.
AuRevitalisasi Hukum Waris Islam dalam Penyelesaian Kasus Sengketa Tanah Waris Pada Masyarakat Sasak,Ay Ijtihad: Jurnal Wacana Hukum Islam Dan Kemanusiaan 19, no.
: 67Ae87, https://doi.
org/10.
18326/ijtihad.
Syabbul Bachri.
AuRekonstruksi al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community Various sampling cases clearly show that in any situation, women, let alone married daughters, always get a lower gain compared to men or sons.
The four types of married daughtersAo inheritance strengthen this as presented in Table 2.
Table 2: Cases of Inheritance of Married Women Types Findings of Inheritance Cases of Married Women Getting a very contrasting share to the men's share Getting a collective share .
oint ownership among daughter.
Getting a share but was pulled back by the extended family Not getting any shares at all Cases Siregar and LubisAo family HarahapAos Hutasuhut and HarahapAos The SimanjuntakAos Family Table 2 shows that in addition to the situation in each family .
xistence and formation of heir.
, agreement and deliberation do This particularly happens for the first and fourth types in which married daughtersAo inheritance gain depends much on how each family makes the decision.
It is by chance that both families have two sons respectively and give the same asset to their married daughters, namely gardens.
Additionally, although Siregar family has two daughters, they decided not to share the asset jointly.
Instead, they give gardens for each of both.
This implies that the preferred type of inheritance sharing is due each familyAos consideration and In relation to Islamic law, particularly fiqh mawaris, it becomes clear that the QurAoanic and hadith guidance happened to be not always verbally or formally followed, though this does not always mean deviance.
For instance, the QurAoanic guidance likes to use Kewarisan Islam: Studi Hermeneutika Ibn Abbas Atas Ayat-Ayat Waris,Ay Al-Istinbath:
Jurnal Hukum Islam 5, no.
: 21Ae50, https://doi.
org/10.
29240/jhi.
40 Kamarusdiana.
Muhammad Ilham Fuadi, and Muhammad Ishar Helmi.
AuKeadilan Waris Islam dalam Kedudukan Anak Perempuan Sebagai HAjib HirmAn terhadap Saudara dalam Putusan Mahkamah Agung,Ay Al-Manahij: Jurnal Kajian Hukum Islam 15, no.
: 221Ae32, https://doi.
org/10.
24090/mnh.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
numerical gain for each heirAos right of gain, while what happens in reality is typically not the same because the gain takes the forms in asset, like houses, garden, rice field, and others.
Other than that, fiqh mawaris determine heirs from various lines, ranging from parents, children, siblings, to spouses.
However, what occurs in reality is that the inheritance gain is likely distributed among children only.
When some shares are factually given to the living spouse, it is typically attributed to the unmarried child, if any, who lives with and takes care of him/her and therefore will inherit the asset after the spouse passes away.
Furthermore.
Islamic law clearly does not differentiate between married children or single ones.
There is no difference gain between married daughters and unmarried daughters.
neither is between married sons and unmarried ones.
This is a clear difference from pre-Islamic Arab customs which required the ability to fight in the war as condition for getting an inheritance or so-called comradeship in arms.
41 Therefore, young children not going to war were excluded from the heir list.
Islamic law, meanwhile, only blocks to cancellation any heirAos privilege to murderers, apostate persons, or Another aspect of Islamic law intertwining with this sort of customary inheritance is the concept of nafqah as an obligation that men have to pay.
This relates quite closely to the local belief of Angkola Batak community which considers marital status in determining inheritance gain.
To this point, it becomes obvious that the Islamic law .
principle which gives two for men and one for women is modified in a way that the local people can contextualize it into their own culture.
In the second type, married women receive a collective share of inheritance among fellow sisters.
This happens in Harahap family with 5 children.
Three are sons, while the other two are daughters.
While sons get inheritance assets for each of them with certainly in bigger and more diverse portions, married daughters only get one garden with join ownership both formally and culturally.
Each gets a 41 Adnan Gunawan.
Women and The Glorius QurAoan: An Analytical Study of Women-Related Verses of Sura An-NisaAo (Gottingen: Universitatdruke Gottingen, 2.
, 42 Muhammad Ali Ash-Shahbuni.
Pembagian Waris Menurut Islam, transl.
Basalamah (Jakarta: Gema Insani Press, 1.
, 41Ae44.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community share of a plot of garden land to cultivate and the harvest results proceeds will then be shared.
The preference to give gardens to married daughters is the same as that of SiregarAos family which raises a question about the relevance of inheritance asset type to each of the On the other hand, it also implies that decision to share one asset jointly between two or more heirs or to give each of them different assets does depend on family deliberation.
Meaning to say, a family can choose this option or not like what occurred in both Harahap and Siregar families respectively.
From a closer look, it is crystal clear that this joint ownership is in vain with the portion determined in the QurAoan Surah 4: 11, namely 2/3 for daughters when there found more than two daughters in a Although the measurement is not exactly equivalent, the joint ownership between what mentioned in the QurAoan and what practiced among Angkola Batak have the common ground that implies recontextualization.
At least, it employs the same spirit to share the portion for fellow sisters like the privilege given for women to be a witness in the court.
The third type, meanwhile, describes the situation in which an heir can lose the inheritance assets he/she once got depending on the offspring they have, either the existence or sexual preference.
This can occur due to two possibilities.
The former is when a woman does not have offspring from her marriage and the latter is when a marriage does not have any male offspring.
This withdrawal, although dependent on family deliberation, has become a habit and tradition among Angkola Batak community which particularly occurs after the heir passes away.
It is reinforced by the belief that only men can continue both family and community leadership in the future, so that family asset ownership should not be moved to other people .
usband of childless daughte.
or female heirs.
Consequently, when a childless woman does not have any offspring, she canAot inherit the assets she got from her birth family to her husband.
Instead, it will be taken down and the ownership will be moved to other family members based on deliberation.
This happens, among others, to Harahap and Hutasuhut families in which married daughters from those two were required to give the inheritance asset back due to their childless marriage.
Another almost same case is taking down the inheritance assets because the lack of male offspring.
Compared to the first case, this current case rarely happens because al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
although a few families still prefer to implement it for the same reason, i.
exclusive eligibility for men to be family and community leaders, the continuation of asset ownership transfer still happens within the family inner circle.
In Islamic law, however, there is no discussion about returning the inheritance asset back to the family.
There only some criteria by which heirs are prohibited from getting the inheritance, namely being apostate, slave .
t its particular time long before this ag.
, or proven to kill the predecessor or the one who inherited.
Other than those criteria, there found no information about getting blocked from inheritance rights, let alone the obligation to return the inheritance asset back when some specific situation takes place.
Like other types, this type further accentuates discrimination against women beyond their right to get inheritance as the big evolution after getting themselves being the one inherited.
Although they are freed from any threat of childless marriage as soon as they get pregnant, for instance, they are made worried by another threat, namely having female children which gives them the same possibility to return the inheritance asset back to their birth big family.
Eventually, the last type displays another discriminatory scene in which a women heir, or married daughter, in this case, gets no inheritance at all.
This occurs to two daughters of Simanjuntak family who did not get anything while their brothers get diverse assets ranging from a house, and rice fields, to gardens.
The decision to prefer this type of distribution is due to each familyAos consideration, yet the economic situation of a family also plays a significant role, including the marital status of each child.
When the sons still go to school and the daughters get married, for instance, it makes sense to find the sons getting bigger gain of inheritance.
Still, not gaining any inheritance asset at all couldnAot be understood for the same reason.
is also likely to cause a conflict between heirs due to unfair share distribution and dissatisfaction in certain parties.
In this talk.
Islamic law did introduce something new by turning women as the inheritance goods to be the ones who deserve for inheritance share.
Although their share is not textually the same as that of men, this is deemed a revolutionary step among patriarchal Arabics at that time who liked to inherit wives after the death of their al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Portion of Married Daughters in Inheritance Share among Angkola Batak Community husbands 43 (Gunawan Adnan.
Women and the Glorious QurAoan: An Analytical Study of Women Related Verse of.
Sura An-NisaAo.
Gottingen: Universitatdrucke Gottingen, 36-.
Therefore, ignoring the share of married daughters by giving them nothing seems to disrespect the change that Islam had made.
A wifeAos right to get nafaqah .
from their husbands has nothing to do with the privilege she got from her birth family, such as access to get the inheritance, so the former should not be an obstacle for the latter.
Relating to this, however, there found another local custom in Angkola Batak which seems to neutralize inequal portions of inheritance for sons and daughters.
It is a habit of requiring sons to help their .
ypically unmarrie.
sisters financially.
However, this depends on each situation, preference, and personality of the son, including how he manages and makes a priority in distributing living between his wives and children, if any, and her sisters.
Above all, in any situation, whether married or not, getting the inheritance or not, or being required to return the inheritance assets, daughters still have the second access on the inheritance that their parents left behind.
Some neutralizing concepts, into some extent, potentially lead to a more moderate proportion or egalitarian perspective through, among others, family deliberation.
Conclusion This article reveals how Angkola BatakAos community negotiate their religious belief with their local habit of sharing the inheritance.
Married daughters, in this context, becomes the central as they are supposed to play a big role in the husbandAos family circle yet are put in a disadvantageous position in another role, namely access to inheritance rights from their birth family.
The four types indicate that in any scheme, discrimination does exist in the sense of portion, asset types, givingAiand taking overAiprocedure because the whole triggering factors are socially constructed belief stemming from the idea of menAos superiority over women.
In fact, although Islamic law does not abruptly call for exactly the same portion for both, it does accentuate that every child deserves inheritance assets from their On the other hand, parentsAo obligation to treat them fairly is 43 Gunawan.
Women and The Glorius QurAoan: An Analytical Study of WomenRelated Verses of Sura An-NisaAo.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 78-103 Raja Ritonga, et al.
quite relevant to the context of inheritance and recent development for both sonAos and daughterAos flexible roles in public and private life.
This article does explore the rarely discussed subject, namely married daughters in the inheritance context, yet it lacks various perspective from larger informants so further research on the same subject and topic with more diverse perspectives are needed for heating both academic discussion and relevant policy-making on womenAos access for inheritance asset.
Acknowledgment We would like to express our deepest gratitude to all parties for their contributions to the implementation of this research and its We extend special thanks to the Head of STAIN Mandailing Natal, the Research.
Publication, and Community Service Center of STAIN Mandailing Natal.
Respect and appreciation are to all informants and their families involved in the research on Batak Angkola community in South Tapanuli.
Bibliography