Kedudukan Istri Kedua Dalam Perkawinan Yang Dilaksanakan Secara Sirri Sebagai Ahli Waris (studi Kasus Putusan Nomor 290/pdt.g/2020/pa.pdlg)

Budiharjo, Gustomo Try (2022) Kedudukan Istri Kedua Dalam Perkawinan Yang Dilaksanakan Secara Sirri Sebagai Ahli Waris (studi Kasus Putusan Nomor 290/pdt.g/2020/pa.pdlg). Other thesis, Universitas Islam Riau.

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Abstract

Islamic inheritance law or commonly known as The Islamic Law of Inheritance, has its own peculiarities compared to other general legal systems. There are 3 (three) reasons why someone gets a share of the inheritance. First, because of a legal marriage, followed by wala' (relations of freed slaves) and nasab. Of the three reasons for inheritance, the legal reason for inheritance due to marriage remains a hot topic of discussion. This is because many marriages are not in accordance with the provisions of the legislation carried out in the community. The problem that then arises is how the wife's inheritance rights from polygamous marriages do not meet the requirements in the marriage law? To solve the problem of the position of the second wife as heir in a marriage carried out in a sirri manner, a normative legal research method is used, with a focus on examining the judge's considerations in the court judgment of the Pandeglang Religious Court Number 290/Pdt.G/2020/PA.Pdlg. The authors in this study used secondary data including primary legal materials, secondary legal materials namely statutory regulations, the court judgment number No.290/Pdt.G/2020/PA.Pdlg, and literature relevant to this research. The results of the study indicate that the existence of a marriage certificate is tangible evidence of the validity of a marriage event that can result in the emergence of sababiyah inheritance rights. The status of a polygamous second wife does not have a legal position in inheritance, but the Constitutional Court has confirmed that marriages are legal not because they are recorded, but because the conditions and pillars of marriage are fulfilled according to their respective religions. Therefore, if it is only a matter of dividing the inheritance, as long as the first wife does not object to the marriage of the two husbands, the second wife should still be given inheritance rights in a sirri marriage.

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