This item is published by Universitas Islam Negeri Sunan Ampel Surabaya
Dakwa, Dakwa (2013) HARTA KEWARISAN ISTERI YANG BEKERJA. Penelitian Individu.
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Abstract
In the course of life, human being undergoes some stages, that is, birth stage, living in the world stage, and death stage. On his death stage, his legacy goes to his heirs/offsprings, legally. Therefore, the inheritance of the dead people that should go to the heirs has been regulated in the law of the inheritance. As a matter of fact, instead of being a housewife, a woman plays another role in her married life; culturally, she goes to work to make money in order that she can make ends meet for her family in addition to her husband’s. Indeed, the reactualization of the family law concerning marital property has been done in case of the divorce (death or living), whilst, the spouses do not even mind their marital property in that they do not come to an agreement of the property whenever their married life comes to a divorce. In order to make a clear cut distribution of the marital property to the inheritance, the origin of the marital property clarification should be done: Hibah property, the inheritance, the property before the marriage, the property possessed at the time of the marriage, and the property possessed during the marriage except the hibah. Further, the inheritance is the heir’s property minus personal property: property possessed before the marriage or a gift/inheritance. The definition is also minus the spouses’ achievement during the marriage if they come to agreement on the separation of their property in the marital agreement. In contrast to UUP and KHI that says that spouses should make an agreement on their property, Annisa 32 says that a husband does not deserve the property of his working wife. It means that the property possessed by a wife from her work merely falls on her instead of her husband. To give a legal protection to the inheritance of a working wife, a marital agreement on the property, either possessed before or during the marriage, should be worth making in case of the divorce/conflict. Therefore, a marital agreement certificate is very important as it becomes the wife’s legal protection tool to her inheritance in case that there are some unexpected things happen to her, i.e., cheating. From the explanation above, the writer recommends that the spouses make a marital agreement on their property before the Authority in order that they can get rid of the contraversion of the division of the inheritance whenever they have to come to a divorce.
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| Item Type: | Article | ||||||
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| Additional Information: | Dakwa | ||||||
| Creators: |
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| Subjects: | Hukum Islam Hukum Islam > Waris |
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| Keywords: | Harta Waris; Harta Isteri; Inheritance; Working Wife | ||||||
| Divisions: | Karya Ilmiah > Laporan Penelitian | ||||||
| Depositing User: | Editor : Abdun Nashir------ Information------library.uinsby.ac.id | ||||||
| Date Deposited: | 01 Jun 2016 03:36 | ||||||
| Last Modified: | 01 Jun 2016 03:36 | ||||||
| URI: | http://digilib.uinsa.ac.id/id/eprint/6645 |
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