Eksplorasi Tradisi Pembagian Tanah Mana’ Pada Masyarakat Kabupaten Luwu; Perspektif Hukum Islam dan Hukum Positif

Exploring the Tradition of Mana' Land Division in the Luwu Regency Community; Perspectives of Islamic Law and Positive Law

Abstract

Exploring the tradition of distributing land inheritance in the Luwu community or what is known as Tanah Mana’ which aims to find out how the tradition of dividing Tanah Mana’ in Luwu Regency is from the perspective of Islamic law and positive law. This type of research is descriptive qualitative using interview, observation and documentation methods. The results show that the tradition of distributing Tanah Mana’ among the people in Luwu Regency has several methods, namely first, distributing the inheritance to all heirs evenly which is done before or after the heir dies. Second, namely dividing using the benefit-taking method which appoints one person to work on it, then the results are divided evenly. Third, dividing by the method of cultivating a plot of land in turns, the results of which are divided in half. Fourth, namely by donating land to build public facilities. The realization was based on family group deliberations (tudangsipulung). In the Islamic view, it is permissible to distribute inheritance through deliberation using the takharuj method. Takharuj which means someone gives up their share to other heirs. Meanwhile, in the view of positive law, peaceful distribution is justified, it can be done through deliberation by agreeing to peacefully divide inherited assets. So that the distribution of land inheritance using four models of distribution based on deliberation is in line with positive law.