Resolution of Disputes in Inheritance Through Islamic Law and Surat Tumbaga Holing in The Bataknese Community in South Tapanuli

Abstract

It is not uncommon that any conflict in a society is caused by disputes over inheritance. The research employed a juridical empirical approach, utilizing real and applicable law within a specific society. The result of the research shows that the resolution of dispute in inheritance in the Bataknese community is performed through Marpokat (negotiation) consisted of five types: Pokat Ulu Tot, negotiation of dispute resolution in inheritance among closed relatives, Pokat Dalihan Na Tolu (negotiation of dispute resolution in inheritance among heirs by making parent-in-laws, son and daughter-in laws, and the other relatives participate in it, Pokat ni Parsahutaon, negotiation of dispute resolution in inheritance attended by adat (customary) leaders, Pokat Haruaya Mardomu Bulung or Pokat Pokat Hombar Balok, negotiation of dispute resolution in inheritance attended by adat leaders or king descendants from the neighboring villages, and Pokat Suhut Sihabolonan, negotiation of dispute resolution in inheritance attended by local government officials. Resolution of disputes in inheritance based on negotiation, as it is done by the Bataknese community, is in accordance with the Islamic law, which is found in verse 139 of Surah Ali Imran, which reads, amruhum (their affairs). In general terms, it encompasses all types of affairs, including the resolution of disputes related to inheritance. Resolution of disputes through negotiation is more effective and efficient because it prioritizes a sense of cooperation without any feelings of hatred or hostility. Heirs in the Bataknese community are only for men, whereas women only get a share, which is called Olongate (love and affection gift), in which their share can be bigger or smaller than men’s.