Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam

Putri Samiat; Barzah Latupono; La Ode Angga

doi:10.47268/tatohi.v3i4.1795

Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam

Putri Samiat⁽¹⁾, Barzah Latupono⁽²⁾, La Ode Angga⁽³⁾

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
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Corresponding Author

Abstract

Introduction: Husband and wife who died left joint property both movable and immovable property where both husband and wife did not have children.

Purposes of the Research: The goals to be achieved in this study are as follows: 1. To find out and analyze the division of inheritance of husband and wife who have died without offspring according to Islamic law. To find out and analyze the legal consequences if the inheritance of a husband and wife who has died without offspring is controlled by her husband's family according to Islamic law.

Methods of the Research: This research is a type of normative legal research in which legal research whose object of study includes provisions of legislation and legal materials that are documentary, with the subject of Study on the Division of Inheritance From Husband and Wife Who Have Died According to Islamic Law.

Results of the Research: The results obtained from this study are: 1. The division of inheritance of husband and wife who have died according to Islamic law, namely If referring to Article 179 compilation of Islamic Law (KHI) that is, if in marriage no child is born and the husband and wife has died and does not leave children and parents, then the right as heirs to the property of the husband and wife, namely the family of the husband and family on the part of the wife.The part that must be obtained by the husband's family and the wife's family when referring to Article 179 KHI is 1/2 part of the husband's family and 1/2 part of the wife's family. As a result of the law if the inheritance of the deceased husband and wife is controlled by the husband's family according to Islamic law, which is contrary to Article 97 KHI, where it is said that the inheritance of the deceased husband and wife must be divided by one-second (1/2) part for the family of the deceased Wife and one-second (1/2) part for the deceased husband's family.

Keywords

Distribution of Inheritance Assets; Islamic Law Compilation; Islamic Law

DOI

10.47268/tatohi.v3i4.1795

Published

2023-10-08

How To Cite

APA: Samiat, P., Latupono, B., & Angga, L. (2023). Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam. TATOHI: Jurnal Ilmu Hukum, 3(4), 351–365. DOI: https://doi.org/10.47268/tatohi.v3i4.1795.

IEEE: P. Samiat, B. Latupono, and L. Angga, "Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam", TATOHI J. Ilmu Huk., vol. 3, no. 4, pp. 351–365, Oct. 2023. Accessed on: Apr. 26, 2025. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v3i4.1795

Harvard: Samiat, P., Latupono, B., and Angga, L., (2023). "Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam". TATOHI: Jurnal Ilmu Hukum, Volume 3(4), pp. 351–365. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v3i4.1795 (Accessed on: 26 April 2025)

Chicago: Samiat, Putri, Barzah Latupono, and La Ode Angga. "Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam." TATOHI: Jurnal Ilmu Hukum 3, no. 4 (June 6, 2023): 351–365. Accessed April 26, 2025. doi:10.47268/tatohi.v3i4.1795

Vancouver: Samiat P, Latupono B, Angga L. Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam. TATOHI J. Ilmu Huk. [Internet]. 2023 Oct 8 [cited 2025 Apr 26];3(4):351–365. Available from: https://doi.org/10.47268/tatohi.v3i4.1795

MLA 8th: Samiat, Putri, Barzah Latupono, and La Ode Angga. "Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam." TATOHI: Jurnal Ilmu Hukum, vol. 3, no. 4, 6 Jun. 2023, pp. 351–365, doi:10.47268/tatohi.v3i4.1795. Accessed 26 Apr. 2025.

BibTeX:

@article{TATOHI1795,
		author = {Putri Samiat and Barzah Latupono and La Ode Angga},
		title = {Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {3},
		number = {4},
		year = {2023},
		keywords = {Distribution of Inheritance Assets; Islamic Law Compilation; Islamic Law},
		abstract = {Introduction: Husband and wife who died left joint property both movable and immovable property where both husband and wife did not have children.Purposes of the Research: The goals to be achieved in this study are as follows: 1. To find out and analyze the division of inheritance of husband and wife who have died without offspring according to Islamic law. To find out and analyze the legal consequences if the inheritance of a husband and wife who has died without offspring is controlled by her husband's family according to Islamic law.Methods of the Research: This research is a type of normative legal research in which legal research whose object of study includes provisions of legislation and legal materials that are documentary, with the subject of Study on the Division of Inheritance From Husband and Wife Who Have Died According to Islamic Law.Results of the Research: The results obtained from this study are: 1. The division of inheritance of husband and wife who have died according to Islamic law, namely If referring to Article 179 compilation of Islamic Law (KHI) that is, if in marriage no child is born and the husband and wife has died and does not leave children and parents, then the right as heirs to the property of the husband and wife, namely the family of the husband and family on the part of the wife.The part that must be obtained by the husband's family and the wife's family when referring to Article 179 KHI is 1/2 part of the husband's family and 1/2 part of the wife's family. As a result of the law if the inheritance of the deceased husband and wife is controlled by the husband's family according to Islamic law, which is contrary to Article 97 KHI, where it is said that the inheritance of the deceased husband and wife must be divided by one-second (1/2) part for the family of the deceased Wife and one-second (1/2) part for the deceased husband's family.},
				issn = {2775-619X},		pages = {351--365}			doi = {10.47268/tatohi.v3i4.1795},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1795}
		}

RefWorks:

Citation format: Download Citation:

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam

2.	Creator	Author's name, affiliation, country	Putri Samiat; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Barzah Latupono; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	La Ode Angga; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Distribution of Inheritance Assets; Islamic Law Compilation; Islamic Law

4.	Description	Abstract	Introduction: Husband and wife who died left joint property both movable and immovable property where both husband and wife did not have children.Purposes of the Research: The goals to be achieved in this study are as follows: 1. To find out and analyze the division of inheritance of husband and wife who have died without offspring according to Islamic law. To find out and analyze the legal consequences if the inheritance of a husband and wife who has died without offspring is controlled by her husband's family according to Islamic law.Methods of the Research: This research is a type of normative legal research in which legal research whose object of study includes provisions of legislation and legal materials that are documentary, with the subject of Study on the Division of Inheritance From Husband and Wife Who Have Died According to Islamic Law.Results of the Research: The results obtained from this study are: 1. The division of inheritance of husband and wife who have died according to Islamic law, namely If referring to Article 179 compilation of Islamic Law (KHI) that is, if in marriage no child is born and the husband and wife has died and does not leave children and parents, then the right as heirs to the property of the husband and wife, namely the family of the husband and family on the part of the wife.The part that must be obtained by the husband's family and the wife's family when referring to Article 179 KHI is 1/2 part of the husband's family and 1/2 part of the wife's family. As a result of the law if the inheritance of the deceased husband and wife is controlled by the husband's family according to Islamic law, which is contrary to Article 97 KHI, where it is said that the inheritance of the deceased husband and wife must be divided by one-second (1/2) part for the family of the deceased Wife and one-second (1/2) part for the deceased husband's family.

5.	Publisher	Organizing agency, location	Faculty of Law Pattimura University

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2023-10-08

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1795

10.	Identifier	Digital Object Identifier	10.47268/tatohi.v3i4.1795

11.	Source	Title; vol., no. (year)	TATOHI: Jurnal Ilmu Hukum; Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023

12.	Language	English=en	en

13.	Relation	Supp. Files

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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