SUBSTITUTE WIFE'S INHERITANCE RIGHTS TO HUSBAND'S INHERITED PROPERTY

Abstract

The method used in writing this research is the normative method, namely by looking at the provisions of the applicable laws and regulations. Based on the results of the study, it shows that Law No. 1 of 1974 concerning Marriage Compilation of Islamic Law as a manifestation of legal uniformity in Indonesia emphasizes that legal provisions regarding innate property. Based on the provisions of Article 85 of the Compilation of Islamic Law, it is expressly stated that the existence of joint property in a marriage does not rule out the possibility of the existence of property owned by each husband or wife. Furthermore, in the provisions of Article 86 of the Compilation of Islamic Law, it is also stated that basically there is no mixing of husband's assets and wife's assets due to marriage. The wife's property remains the right of the wife and is fully controlled by her, as well as the husband's property remains the right of the husband and is fully controlled by him. The results of the study also concluded that the position of the inheritance rights of the husband's inheritance over the surrogate wife was based on the provisions of the Compilation of Islamic Law that the surrogate wife had absolutely no right to the position of the property brought/acquired by her husband before the marriage was held for her with the stipulation that the substitute wife only has the right to inherit the property that they got during their marriage without questioning whose income the property came from.