Gift Of Minangkabau Customary Land From Perspective Of The Compilation Of Islamic Law (Khi) And The Compilation Of Islamic Economic Law (Khes)

Abstract

Ulayat land is communal land located within the customary law area that still exists according to reality. Essentially, Ulayat land, as a highly prized ancestral property, is a communal right. In Minangkabau customary law, transferring ownership of land permanently is typically done through a grant (hibah). A hibah of Ulayat land involves transferring land permanently without receiving material compensation. In Minangkabau, hibah often occurs between "bako" (grantor) and "anak pisang" (recipient) through the intermediary of a father. There are three types of hibah in Minangkabau adat, namely hibah laleh, hibah bakeh, and hibah pampeh. From the perspective of the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES), hibah of Ulayat land in Minangkabau, especially hibah laleh, complies with the rules in KHI and KHES where hibah is voluntary, without compensation, and intended to be owned by another person. Moreover, the requirements for hibah of Ulayat land in Minangkabau customary law also align with the conditions or elements of hibah as regulated in KHI and KHES. The difference lies mainly in the revocation or withdrawal of hibah land. Minangkabau customary law prohibits the revocation or withdrawal of hibah land once it has been granted, whereas KHI and KHES provide for the possibility of revocation under certain conditions.