LEX FAMILIA: Journal of Islamic Family Law
Vol. 1 No. 1 (2026): LEX FAMILIA: Journal of Islamic Family Law (Januari-Juni)

Paradigma Hakim dalam Menetapkan Tirkah dan Harta Bersama pada Keluarga Poligami: Analisis Putusan MA Nomor 107 PK/Ag/2016

Abdul Kodir Alhamdani (STIS As-Sa'
adah Sukasari Sumedang)

Ahmad Firman (Sekolah Tinggi Agama Islam DR. KH. EZ. Muttaqien Purwakarta)



Article Info

Publish Date
25 Jan 2026

Abstract

Inheritance disputes in polygamous families often present complex issues regarding the commingling of assets (vermenging) which are not rigidly accommodated by Article 94 of the Compilation of Islamic Law (KHI). This study aims to analyze the legal reasoning of Supreme Court Justices in determining the status of joint property (gono-gini) and inheritance estate (tirkah) in cases where physical assets are administratively controlled by a single wife. This research employs a qualitative method with a normative-juridical approach and a case study of the Judicial Review Decision Number 107 PK/Ag/2016. The findings indicate that the Supreme Court applied a progressive legal paradigm by introducing the concept of Collective Joint Property. The judges ruled that assets registered under the name of the third wife constitute joint property belonging to the marital union of the husband and all three wives collectively. Legally, the asset was separated (tashfiyah) into two equal parts: one half as the deceased's inheritance estate, and the other half distributed equally among the three wives as their joint property rights, regardless of marriage duration or certificate holdership. Furthermore, this study found that the judge's ex officio action to annul the Freehold Title Certificate (SHM) even though not explicitly requested in the lawsuit's petitum was not a violation of the ultra petitum partium principle, but rather an absolute juridical consequence to ensure legal certainty and the executability of the verdict. This study concludes that in polygamous inheritance disputes, judges tend to prioritize distributive justice and material truth over procedural formalities and administrative evidence.

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Journal Info

Abbrev

LEXFAMILIA

Publisher

Subject

Description

LEX FAMILIA: Journal of Islamic Family Law (E-ISSN 3124-2189) is a high-quality open access peer-reviewed research journal published by the Penerbit Lestari Sakha Pustaka, West Java, Indonesia. Aiming to communicate original research and relevant current issues, this journal regularly publishes ...