Division of Inheritance to The Heir of Islamic Law The Polygamous From Perspective

Abstract

The implementation of polygamy in polygamy regulations in Indonesia is Law Number 16 of 2019 in article 3 paragraph 2 which reads: The court can give permission to a husband to have more than one wife if the parties concerned wish. In its implementation, it was found that the wife from the previous marriage died, then the inheritance rights of the children arose before the husband was polygamous. Indonesian law certainly provides protection for the rights of heirs who are left behind. The type of research used is normative legal research or library law research because it is in the form of secondary data such as legislation and literature books. The results of the study of the division of joint property for wives in polygamy. The assets acquired by the husband during his marriage with the first wife are joint property owned by the husband and first wife. Whereas the assets acquired by the husband during his marriage with the second wife and during that time the husband is still married to the first wife, then these assets are shared assets belonging to the husband and wife, the first wife and the second wife, the rights of heirs regarding the distribution of inherited assets from The perspective of Islamic law using the Rad system in the KHI inheritance law is regulated imperatively in Article 193, as a way to distribute the remaining undivided inheritance assets. While in Classical Jurisprudence, the Rad System is Not Imperatively Appointed by Nas, Neither the Qur'an nor the Al-Hadith, it is best if in terms of services for the distribution of inheritance from polygamous marriages, the Religious Courts need to identify more concretely regarding the status of polygamy, so that the distribution is in accordance with the provisions of Islamic law apply.