Legal Cultural Degradation: A Review of the Socio-Juridical Impact of the Suspension of Inheritance

Abstrak

Sociological facts that occur today based on the Study of Pinrang Class 1B Religious Court Decisions in 2011-2014, delays in the distribution of inheritance can cause internal conflicts by heirs. This study was conducted to determine the impact caused by the suspension of inheritance distribution, but also to determine the role of religious courts in resolving the suspension of inheritance. This research method is carried out by taking data / decisions in religious courts as well as interviews of resource persons and presenting in qualitative form with juridical-normative and theological-syar'i approaches. The results of this study show that: First, the impact of the suspension of inheritance distribution not only damages the composition of the shares to the heirs but also mixes the ownership of several people into the ownership / control of one person, the mixing of joint property and inheritance for a long time, and the increasing cost of litigation becomes another loss for the parties, while the social impact causes harmony in family life to be disharmonious as a result illustrates a bad precedent for legal culture. Second, the settlement of the case of postponement of inheritance by the Judge is carried out by examining the lawsuit filed, determining the divided estate, then determining the heirs, determining the number of heirs' shares and finally distributing the inheritance in accordance with the provisions in the Compilation of Islamic Law. Recommendation, the need for clear and concrete rules to provide limits on deferrals given to families to divide inheritance, this is done so that there is no lasting suspension that causes property to mix, and heirs die first before being divided.