Kedudukan Istri Siri Sebagai Ahli Waris dalam Perspektif Hukum Waris Islam di Indonesia

This research discusses the position of a siri wife as an heir based on a will from the perspective of Islamic inheritance law. According to the context of Islamic law, the position of an unregistered wife is often a problem, especially in relation to the inheritance rights that she should receive. This research aims to examine how wills can affect the inheritance rights of siri wives. The method used is literature study with analysis using data collection techniques through literature study or document study, which is the most appropriate method for normative legal research. The research results show that even though the siri wife is not recognized as a legal wife in the context of positive law, the will made by the husband can give the siri wife inheritance rights. However, this recognition depends on the intention and clarity in the preparation of the will. It is hoped that this research can provide a better understanding of the rights of unregistered wives in the Islamic inheritance system and encourage the need for reform in inheritance law regulations in Indonesia to create justice for all parties.

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Publication Details

Journal
Jurnal Budi Pekerti Agama Islam
Published
2024-12-11
DOI
https://doi.org/10.61132/jbpai.v3i1.869
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Kedudukan Istri Siri Sebagai Ahli Waris dalam Perspektif Hukum Waris Islam di Indonesia

Miskha Ainun Nisa, Nanda Eka Prasetya, Mira Diva Prasyanti
Jurnal Budi Pekerti Agama Islam
Legal Studies and Policies
article

Kedudukan Istri Siri Sebagai Ahli Waris dalam Perspektif Hukum Waris Islam di Indonesia

Miskha Ainun Nisa, Nanda Eka Prasetya, Mira Diva Prasyanti
article en

Abstract

This research discusses the position of a siri wife as an heir based on a will from the perspective of Islamic inheritance law. According to the context of Islamic law, the position of an unregistered wife is often a problem, especially in relation to the inheritance rights that she should receive. This research aims to examine how wills can affect the inheritance rights of siri wives. The method used is literature study with analysis using data collection techniques through literature study or document study, which is the most appropriate method for normative legal research. The research results show that even though the siri wife is not recognized as a legal wife in the context of positive law, the will made by the husband can give the siri wife inheritance rights. However, this recognition depends on the intention and clarity in the preparation of the will. It is hoped that this research can provide a better understanding of the rights of unregistered wives in the Islamic inheritance system and encourage the need for reform in inheritance law regulations in Indonesia to create justice for all parties.

Jurnal Budi Pekerti Agama IslamVol. 3(1)
University of Pembangunan Nasional Veteran Jawa Timur (ID)
Openalex Percentile: Top 51%
Legal Studies and Policies
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