Hang Tuah Law Journal
April-September 2020

The, of, in, the, of, from, the The Position of Murtad's Widow in the Distribution of Inheritance from the Testator (Husband)

Qisthina Armalia Hirzi (Faculty of Law Airlangga University, Surabaya, Indonesia)
Ani Setiawati (Faculty of Law, Airlangga University, Surabaya, Indonesia)
Afdol (Faculty of Law, Airlangga University, Surabaya, Indonesia)



Article Info

Publish Date
03 Apr 2020

Abstract

 The research with the title of "The Position of Murtad’s Widow in the Distribution of Inheritance from the Testator (Husband)", with the problem of an apostate wife, so that it is necessary to question the right of an apostate widow to the inheritance of the testator (husband), related to the obligatory will. Research based on legislation and case studies can obtain a conclusion that obligatory wills are known in Islamic law given to people who are not the heirs because there is no blood relationship with the testator or because he is an heir but for some reason, it is not recognized as an heir of the inheritance. People who have close relations with the testator but are not heirs because there is no blood relationship with the heir, including the adopted child. Widows according to Islamic Law Compilation Book are the heirs, although not because of blood relations, if the widow is an apostate, then she is not as an heir, therefore the widow gets a part of the heir's assets but in the form of a mandatory will.

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Journal Info

Abbrev

jurnal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Hang Tuah Law Journal is a peer-reviewed open-access journal to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law, such as Maritime Law, Medical Law, Civil Law, Criminal Law, Constitutional Law, Administrative Law, Business Law, Islamic ...