Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective

Muhamad Haidir Akbar; La Ode Angga; Barzah Latupono

doi:10.47268/tatohi.v5i12.3227

Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective

Muhamad Haidir Akbar⁽¹⁾, La Ode Angga⁽²⁾, Barzah Latupono⁽³⁾

(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia

(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
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Corresponding Author

Abstract

Introduction: Inheritance disputes in polygamous families often lead to conflict, especially when the second wife controls all the inheritance without a fair division to the first wife and her children.

Purposes of the Research: The purpose of this study is to find out the procedure for distributing inheritance to the first and second wives in accordance with Islamic principles, as well as to find out the legal consequences for the joint property of the first wife that is controlled by the second wife.

Methods of the Research: This research uses a normative juridical method with a legislative and conceptual approach, and is analyzed qualitatively. The data sources come from literature studies, legal literature, laws and regulations, and the Compilation of Islamic Law.

Findings of the Research: The procedure for distributing inheritance to the heirs of the deceased husband begins with identifying the inheritance, including inheritance and joint property, then deducting debts, funeral expenses, and wills, before being distributed to the heirs according to fariath. As a result of the law of the joint property of the first wife which is controlled by the second wife, without a valid legal basis, it is contrary to the principle of justice in Islam and can be considered as an act of ghasab (deprivation of rights). Wives in polygamous marriages are only entitled to joint property acquired during their respective marriages. Therefore, the second wife is not entitled to control the property that is the result of the husband's marriage to the first wife. Such possession can give rise to the obligation to restore rights, trigger inheritance conflicts, and lawsuits from other heirs.

Keywords

Inheritance; Polygamy; Islamic Law.

DOI

10.47268/tatohi.v5i12.3227

Published

2026-03-07

How To Cite

APA: Akbar, M.H., Angga, L.O., & Latupono, B. (2026). Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective. TATOHI: Jurnal Ilmu Hukum, 5(12), 552-563. DOI: https://doi.org/10.47268/tatohi.v5i12.3227.

IEEE: M.H. Akbar, L.O. Angga, and B. Latupono, "Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective", TATOHI J. Ilmu Huk., vol. 5, no. 12, pp. 552-563, Mar. 2026. Accessed on: Mar. 8, 2026. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i12.3227

Harvard: Akbar, M.H., Angga, L.O., and Latupono, B., (2026). "Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective". TATOHI: Jurnal Ilmu Hukum, Volume 5(12), pp. 552-563. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i12.3227 (Accessed on: 8 March 2026)

Chicago: Akbar, Muhamad Haidir, La Ode Angga, and Barzah Latupono. "Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective." TATOHI: Jurnal Ilmu Hukum 5, no. 12 (March 7, 2026): 552-563. Accessed March 8, 2026. doi:10.47268/tatohi.v5i12.3227

Vancouver: Akbar MH, Angga LO, Latupono B. Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective. TATOHI J. Ilmu Huk. [Internet]. 2026 Mar 7 [cited 2026 Mar 8];5(12):552-563. Available from: https://doi.org/10.47268/tatohi.v5i12.3227

MLA 8th: Akbar, Muhamad Haidir, La Ode Angga, and Barzah Latupono. "Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective." TATOHI: Jurnal Ilmu Hukum, vol. 5, no. 12, 7 Mar. 2026, pp. 552-563, doi:10.47268/tatohi.v5i12.3227. Accessed 8 Mar. 2026.

BibTeX:

@article{TATOHI3227,
		author = {Muhamad Akbar and La Angga and Barzah Latupono},
		title = {Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {5},
		number = {12},
		year = {2026},
		keywords = {Inheritance; Polygamy; Islamic Law.},
		abstract = {Introduction: Inheritance disputes in polygamous families often lead to conflict, especially when the second wife controls all the inheritance without a fair division to the first wife and her children.Purposes of the Research: The purpose of this study is to find out the procedure for distributing inheritance to the first and second wives in accordance with Islamic principles, as well as to find out the legal consequences for the joint property of the first wife that is controlled by the second wife.Methods of the Research: This research uses a normative juridical method with a legislative and conceptual approach, and is analyzed qualitatively. The data sources come from literature studies, legal literature, laws and regulations, and the Compilation of Islamic Law.Findings of the Research: The procedure for distributing inheritance to the heirs of the deceased husband begins with identifying the inheritance, including inheritance and joint property, then deducting debts, funeral expenses, and wills, before being distributed to the heirs according to fariath. As a result of the law of the joint property of the first wife which is controlled by the second wife, without a valid legal basis, it is contrary to the principle of justice in Islam and can be considered as an act of ghasab (deprivation of rights). Wives in polygamous marriages are only entitled to joint property acquired during their respective marriages. Therefore, the second wife is not entitled to control the property that is the result of the husband's marriage to the first wife. Such possession can give rise to the obligation to restore rights, trigger inheritance conflicts, and lawsuits from other heirs.},
				issn = {2775-619X},		pages = {552--563}			doi = {10.47268/tatohi.v5i12.3227},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3227}
		}

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective

2.	Creator	Author's name, affiliation, country	Muhamad Haidir Akbar; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	La Ode Angga; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Barzah Latupono; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Inheritance; Polygamy; Islamic Law.

4.	Description	Abstract	Introduction: Inheritance disputes in polygamous families often lead to conflict, especially when the second wife controls all the inheritance without a fair division to the first wife and her children.Purposes of the Research: The purpose of this study is to find out the procedure for distributing inheritance to the first and second wives in accordance with Islamic principles, as well as to find out the legal consequences for the joint property of the first wife that is controlled by the second wife.Methods of the Research: This research uses a normative juridical method with a legislative and conceptual approach, and is analyzed qualitatively. The data sources come from literature studies, legal literature, laws and regulations, and the Compilation of Islamic Law.Findings of the Research: The procedure for distributing inheritance to the heirs of the deceased husband begins with identifying the inheritance, including inheritance and joint property, then deducting debts, funeral expenses, and wills, before being distributed to the heirs according to fariath. As a result of the law of the joint property of the first wife which is controlled by the second wife, without a valid legal basis, it is contrary to the principle of justice in Islam and can be considered as an act of ghasab (deprivation of rights). Wives in polygamous marriages are only entitled to joint property acquired during their respective marriages. Therefore, the second wife is not entitled to control the property that is the result of the husband's marriage to the first wife. Such possession can give rise to the obligation to restore rights, trigger inheritance conflicts, and lawsuits from other heirs.

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

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2026-03-07

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/3227

10.	Identifier	Digital Object Identifier	10.47268/tatohi.v5i12.3227

11.	Source	Title; vol., no. (year)	TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 12, February 2026

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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