Journal of Education, Humaniora and Social Sciences (JEHSS)
Vol 2, No 3 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) April

Perlindungan Hukum dan Hak Waris Istri Kedua dalam Perkawian Poligami Tanpa Izin

Misda Deni (Universitas Muhammadiyah Sumatera Utara)
Asmuni Asmuni (Universitas Muhammadiyah Sumatera Utara)
Tengku Erwinsyahbana (Universitas Muhammadiyah Sumatera Utara)



Article Info

Publish Date
22 Mar 2020

Abstract

Polygamy marriage must be done with the consent or permission of the wife so that this creates a new legal problem regarding the position of the second wife, both in terms of rights and obligations, children, assets in the marriage as well as problems in the distribution of inheritance. The purpose of this paper is to determine the legal protection of a second wife to their legal status in polygamy marriage and to find out the rights of wife's inheritance in polygamy marriage according to Islamic fiqh and positive law. This research method is normative juridical with descriptive analysis research type. Legal protection for the second wife to get the rights and recognition must legalize marriage (isbat nikah) in the Religious Court. The second inheritance right of the wife to the polygamy marriage without permission is the right to inheritance with her husband since the marriage took place and all wives have the same rights to the inheritance within 1/8 if they have children and ΒΌ if they do not have children.

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Journal Info

Abbrev

jehss

Publisher

Subject

Health Professions Public Health Social Sciences

Description

Journal of Education, Humaniora and Social Sciences (JEHSS), publish by Mahesa Research Center, for sources of information and communication for academics and observers about science and methodology. Published papers are the results of research, reflection, and actual critical studies with respect ...