THE APPLICATION OF AL-‘ADAH MUHAKKAMAH IN THE INHERITANCE OF HIGH HERITAGE PROPERTY IN MINANGKABAU

Abstract

This research explores the controversy surrounding high heirloom property in Minangkabau society, particularly in the context of its inheritance system that differs from Islamic faraidh law. The aim is to understand the perspectives and arguments underlying the inheritance practice, as well as evaluate the views of scholars such as Shaykh Ahmad Khatib Al-Minangkabawi who question the validity of the customary inheritance system. Through a qualitative-interpretative approach and desk-based research methods, this study identifies the fundamental differences between heirlooms and waqaf, and considers the qiyas used by Haji Abdul Karim Amrullah and his son to strengthen their arguments. The results highlight the potential legal consequences that could arise from different interpretations of the status of these heirlooms, including implications for their legal status and existence as waqf assets. The research also notes the importance of cultural and religious context in interpreting inheritance practices, highlighting the differences between Minangkabau customary traditions and Islamic teachings.