Review of Islamic Inheritance Law in the Practice of Determining Inheritance Rights in an Underhanded Marriage in Cibulao Village

Abstract

The position of widows and/or widowers in Islamic inheritance law is influenced by several factors, including the marital status of the husband and wife. Initially the position of widows and/or widowers did not inherit property in marriage, especially when the marriage was an underhand marriage, but in its development widows and/or widowers could inherit due to the times and customary law in the community itself. In an underhand marriage, there are still many legal obstacles to granting widows and/or widowers the right to inherit. The position of widows and/or widowers as heirs among their peers is due to the factor of marital relations, the existence of husband and wife relationships over marital ties. The legal consequences arising from the marital relationship give rise to a reciprocal position between husband and wife in inheritance, namely husband and wife inherit each other's property.

Based on the customary inheritance system itself, both in terms of the division of inheritance with the kinship system and with the distribution model, all of them have heirs for the distribution of property from the spouse who has been left behind. For couples who have been left behind, in this case those who have the status of widows and/or widowers, only a few regions allow widows and/or widowers to have inheritance rights to the property of a deceased husband or wife.