Claim Missing Document
Check
Articles

Found 12 Documents
Search

A Comparative Study on the Execution Time of Inheritance Distribution from the Perspectives of Islamic Law and Civil Law Angelia Eka Putri, Winni; Mairul, Mairul
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Inheritance is a crucial aspect of family law, yet the prevalent socio-cultural practice of "living inheritance" (warisan hidup) in Indonesia often creates conceptual and juridical confusion between grants (hibah) and actual inheritance. This research aims to comparatively analyze the precise execution time of inheritance distribution according to normative Islamic Law and the Indonesian Civil Code (KUHPerdata) to resolve these socio-legal tensions. Employing a normative legal research method with a qualitative comparative approach, this study exclusively analyzes primary and secondary legal materials, including the Qur'an, the Compilation of Islamic Law (KHI), and the KUHPerdata. The findings reveal that neither legal system explicitly sets a rigid deadline or expiration period for distribution post-mortem. However, Islamic Law mandates a strictly sequential, ijbārī (compulsory) process requiring the prior settlement of funeral costs, debts, and testamentary wills before asset division. Conversely, the KUHPerdata provides a highly flexible, consent-driven mechanism that depends entirely on the heirs' free will and proactive demands. This study concludes that while Civil Law permits procedural delays, unnecessary postponement is strongly discouraged across both systems to prevent overlapping claims. Understanding these temporal boundaries is vital for society to ensure absolute legal certainty, utilize appropriate lifetime legal instruments accurately, and maintain long-term familial harmony.
Legal Status and Inheritance Rights of Wives and Children from Unregistered Polygamous Marriages: A Socio-Legal Study at the Religious Court Rahayu, Rani; Mairul, Mairul
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Marriage registration is a legal requirement in Indonesia to ensure legal certainty and the protection of civil rights, including inheritance rights. However, unregistered polygamous marriages continue to occur, resulting in legal uncertainty, particularly for wives and children. This study aims to examine the legal status and inheritance rights of wives and children from unregistered polygamous marriages and to analyze judicial considerations in resolving such cases at the Religious Court. This research employs an empirical legal (socio-legal) approach with a conceptual and juridical-empirical perspective. Data were obtained from secondary legal materials and semi-structured interviews with a Senior Judge at the Religious Court of Bukittinggi conducted on January 26, 2026. The data were analyzed qualitatively through data editing, thematic classification, and interpretative analysis. The findings indicate that marriage registration is the primary factor determining inheritance rights. Wives from unregistered marriages have weaker legal standing due to the absence of formal legal recognition. In contrast, children receive stronger legal protection through lineage recognition and legal mechanisms such as wasiat wajibah. Judges play an important role in ensuring justice by applying both formal legal provisions and substantive justice principles based on Islamic law and child protection. This reflects the Religious Court’s function in balancing legal certainty and justice.