Wife’s Inheritance Rights Due to Husband’s Division with Raj’i Divorce According to Islamic Law

Mas’ut, Siti Malikhatun Badriyah, R. Suharto Marjo and Hendro Saptono
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Mas’ut: Universitas Diponegoro Semarang, Indonesia
Siti Malikhatun Badriyah: Universitas Diponegoro Semarang, Indonesia
R. Suharto Marjo: Universitas Diponegoro Semarang, Indonesia
Hendro Saptono: Universitas Diponegoro Semarang, Indonesia

International Journal of Research and Innovation in Social Science, 2022, vol. 6, issue 6, 543-547

Abstract: Inheritance law is the law that regulates the transfer of property from the heir to the heirs and determines who the heirs are and determines the share of each. One of the reasons for the occurrence of mutual inheritance is the existence of a valid marital relationship between husband and wife. However, when husband and wife are divorced or divorce occurs, it will create a new law. That is, when the wife is in a state of raj’i divorce and then the husband dies while the wife is still in the Iddah period, the wife still gets the inheritance rights from the husband who died. Meanwhile, when the wife is divorced three times or divorced ba’in, the scholars of madzab agree that the wife does not get inheritance from her husband who dies even though it is still in iddah. Except for talak ba’in which the husband inflicts when he is sick, which intends to avoid giving the wife an inheritance, the scholars of madzab agree that the wife still gets the inheritance from her ex-husband.

Date: 2022
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