International Journal of Research and Innovation in Social Science (IJRISS) | Volume VI, Issue VI, June 2022 | ISSN 2454–6186
Wife’s Inheritance Rights Due to Husband’s Division with Raj’i Divorce According to Islamic Law
Mas’ut, Siti Malikhatun Badriyah*, Marjo, R. Suharto, Hendro Saptono
Corresponding Author
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.
Keywords: Raj’i divorce, Ba’in divorce, inheritance, husband, wife.
I.INTRODUCTION
Marriage aims to realize domestic life forever in achieving eternal happiness for husband and wife. Husband and wife are united in a sacred and strong bond. With a strong and cocoon agreement (Misaqan Galidlan) it is hoped that the household will become a happy and orderly peace, a place to pour out love between the two and be able to give birth to pious and pious offspring.
Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. (Mohd Idris Ramulyo, 2000: 43). Thus marriage is carried out in order to build a happy and prosperous family for the purpose of living with husband and wife forever.
In the perspective of Islamic law, marriage gives rise to the right to inherit between husband and wife. The legal basis is in the Qur’an surah al-Nisa ‘verse 12: “And for you (husbands) is a half of the property left by your wives, if they do not have children. If they (wives) have children, then you will get a quarter of the property left by them after (fulfilling) the will they made or (and after paying) the debt. Wives get a quarter of what you leave if you have no children. If you have children, then the wives get one-eighth of the property you leave behind…”. (Qur’an Surah al-Nisa’: 12)