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Title: Customary land practice in Negeri Sembilan : Sharia guideline
Authors: Tengku Mansur bin Tengku Zainal Abidin
Keywords: land inheritance
Issue Date: Aug-2019
Publisher: Universiti Sains Islam Malaysia
Abstract: Customary land is part of the special features of the Adat Perpatih practiced by some communities in Negeri Sembilan. The customary land law is a law that regulates how this land can be managed and inherited to the heirs. However, there is a question whether the practice of inheritance of this customary land is in line with Islamic teachings in particular on the distribution of inheritance and faraid. This is because customary lands can only be inherited to female heirs and there are also some sanctions against this land such as the sale restrictions. Hence, this study was conducted to identify the concept of customary land practices in Negeri Sembilan and the local community’s viewpoint. This study also analyses the principles of Shariah related to customary land and suggest a customary land-based guideline that coincides with syarak. This study uses a qualitative and quantitative approach that includes library research methods, questionnaires and inverviews. The findings show that customary land is still widely practiced by the people in Negeri Sembilan, but its understanding is diminished amongst the next generation. Shariah principles that can be associated with customary land practices include the concept of ihya’ al-mawat, urf, faraid, waqf, and trustees. The study proposes Syariah guidelines that divide the practice of customary land inheritance into three main stages of formation, protection and fortification. The study significant, especially lawmakers as a guide in the management of customary land that is coherent with shariah and generally to the public in understanding the principle of customary land more deeply.
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