THE PRACTICE OF MANA’ ASSET DISTRIBUTION AMONG THE BA’TAN COMMUNITY IN PALOPO CITY: AN ANALYSIS FROM THE PERSPECTIVE OF ISLAMIC LAW

Abstract

Abstract

The practice of mana’ inheritance among the Ba’tan community in Palopo City is a tradition that preserves inherited land by preventing it from being physically divided among individual heirs; instead, it is managed on a rotational basis or utilized through the sharing of proceeds. This practice is worth studying because it reconciles the preservation of customary traditions, the fulfillment of heirs’ rights, and the principles of justice in Islamic inheritance law. This study aims to analyze the mechanisms of mana’ inheritance among the Ba’tan community and to examine this practice from the perspective of Islamic inheritance law and maqāṣid al-syarī‘ah. The study employs a qualitative method with historical, sociological, normative, and ijtihadi approaches. Data were collected through interviews with traditional leaders, local government officials, and community members who own or have inherited mana’ property, as well as through observation, documentation, and literature review. Research findings indicate that mana’ assets are generally not physically divided but are managed on a rotational basis or by specific family members, with the proceeds then distributed to eligible heirs. This practice serves to preserve family assets and maintain kinship ties. However, the increasing number of heirs and differences in inheritance mechanisms among families can raise issues regarding the determination of rights, the distribution of benefits, and the continuity of rights across generations. From the perspective of maqāṣid al-syarī‘ah, the mana’ tradition must be directed toward preserving the welfare and solidarity of the family without neglecting the rights of heirs. Therefore, collective land management must be accompanied by clarity regarding rights and fair family agreements so that the continuity of customary practices does not override the principles of Islamic inheritance law.