<![CDATA[Distinguishing marital property from inherited assets following the death of a spouse poses significant challenges, particularly when settlements are resolved through informal customary deliberation. This study investigates the customary distribution of marital property post-bereavement in Baktiya, North Aceh, evaluating its alignment with the Indonesian Compilation of Islamic Law (KHI) and its broader implications for gender equity. Employing a socio-legal qualitative methodology, primary data were gathered via in-depth interviews with key informants—including widows, community leaders, and a Sharia Court judge—supplemented by normative analysis of statutory materials. Findings indicate that asset distribution is predominantly mediated through familial deliberation, bypassing formal judicial processes. Consequently, perspectives on determining marital shares vary significantly, ranging from egalitarian division to allocations based on economic contribution. Widows reported that joint assets were often depleted for household maintenance, leaving primarily premarital or inherited estates. This frequently leads to the conflation of marital property with the deceased's estate, a practice that diverges from KHI guidelines, which strictly mandate the segregation of marital property prior to inheritance distribution. Furthermore, from a gender perspective, women’s socio-economic security is determined not merely by their quantitative inheritance share, but by their agency, access, and decision-making power over family assets. The study concludes that formalizing the identification of property status within customary frameworks is imperative to safeguard the legal and economic rights of surviving spouses.]]>
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