Pembagian Harta Bersama Kepada Istri Dari Perkawinan Kedua Tanpa Sepengetahuan Ahli Waris

Abstract

The division of community property in a second marriage often causes conflicts, especially if carried out without the knowledge of the heirs from the first marriage. The legal issue discussed in this writing is how the process of distributing assets to the heirs occurs and what the legal consequences are of distributing assets to the wife from the second marriage without the knowledge of the heirs. Intended to ascertain and explain the process of asset distribution to heirs and the legal implications of inheritance distribution for the wife from a second marriage without the knowledge of the heirs. This writing employs a normative legal research type, with a statute approach and a conceptual approach. The research results indicate that the division of community property must be conducted in accordance with Islamic law and the Compilation of Islamic Law (KHI), both after the death of the heir and during their lifetime under certain conditions. The allocation of property to the wife from a second marriage without the knowledge of the heirs can be annulled if it does not meet the requirements of a valid gift or will, and is likely to lead to legal disputes. This study recommends that the division of property be carried out transparently and involve all parties to prevent conflicts and ensure justice for all heirs.