Journal Social Politics And Humanities
Vol. 3 No. 1 (2026): Journal Social Politics And Humanities

DINAMIKA PEROLEHAN HAK WARIS ISTRI DALAM PERNIKAHAN TIDAK TERCATAT

Dita Purnama sari Sukardi (Universitas Krisnadwipayana)



Article Info

Publish Date
05 Sep 2026

Abstract

Islamic inheritance law is fundamentally normative-dogmatic in governing an individual’s inheritance rights and shares. However, its practical implementation in society often experiences disparities in understanding, triggering a shift toward a sociological perspective. Based on this phenomenon, this study examines how Islamic inheritance law operates concerning the legal standing and inheritance rights of second and subsequent wives within the context of unregistered marriages (nikah siri). Employing a legal pluralism approach, this research investigates the influence of personal factors, social dynamics, and the coexistence of multiple legal systems. Empirical findings reveal that the operation of Islamic inheritance law is influenced by the social behavior of Muslim individuals in navigating complex social realities. The interaction and mutual intervention among legal systems lead the community to adopt rational and sociological choices in practicing inheritance law. Furthermore, the prevalence of unregistered polygamous marriages results in the loss of a wife’s civil rights. This condition necessitates creative legal-cultural awareness among relevant parties (role occupants) to actively pursue and secure their inheritance entitlements. The study recommends that the legal and judicial systems governing Islamic family law in Indonesia maintain consistency in enforcing regulations to accelerate ideal implementation. Concurrently, the Muslim community must consistently adhere to the formal jurisdiction and legal mechanisms provided by the state to ensure legal certainty.

Copyrights © 2026






Journal Info

Abbrev

home

Publisher

Subject

Description

Journal Social Politics and Humanities is a high-quality open-access peer-reviewed research journal that is published by Education Publisher : Humaniora and Sosial Sains is providing a platform that welcomes and acknowledges high quality empirical original research papers about social, Learning ...