遗产分配实施的法律地位

Ridwan Hulalata
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摘要

摘要:本研究旨在确定北博朗蒙贡多县西博朗伊塘区索诺村遗产分配的法律地位。这种类型的研究是规范-经验的,通过采取社会学法学研究方法(社会学法学),该方法以关于规范系统的法律规定为基础,但观察规范系统在社会中运作时如何发生反应和相互作用。基于这一观点,运用社会学法学方法的实证法律研究是一种研究。研究结果表明,索诺村人所采用的遗产分割方式是采用传统程序进行的。继承的财产归继承人所有,不分男女。有的父母在他生前把财产分给继承人,也有的在继承人死后分给继承人。从那时起,索诺村的人更倾向于从祖先/村庄习俗中传承下来的遗产分享计划。直到现在,索诺村这个还不能被称为现代社会的村落,在确定遗产分配时,仍然坚持着父辈传下来的信仰或信仰,这与伊斯兰教法在确定遗产分配上的观点肯定是不同的。
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Legal Position for the Implementation of Inheritance Distribution
Abstract : This study aims to determine the legal position of the distribution of inheritance in Sonuo Village, West Bolangitang District, North Bolaang Mongondow Regency. This type of research is normative-empirical, by taking a sociological juridical research approach (Sociological jurisprudence) which is based on a legal provision regarding the norm system, but observing how the reactions and interactions occur when the norm system works in society. Based on this view, empirical legal research using a Sociological Jurisprudence approach is a research. The results of this study indicate that the practice of dividing inheritance used by the people of Sonuo Village is using traditional procedures. Inherited property is for the heirs themselves without discriminating between sons and daughters. There are parents who divide their wealth to the heirs during his lifetime, and there are also later after the heirs die. The people of Sonuo Village, since then, have been more inclined to the Inheritance Sharing scheme which has been passed down from ancestors/customs in the village. Until now, the people of Sonuo Village, which still cannot be called modern society, still adhere to the beliefs or beliefs that have been passed down from their previous parents in determining the distribution of inheritance, which is certainly different from the point of view of Islamic law in determining inheritance.
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