Main Article Content

Abstract

Talak is a halal word but is hated by God, because it can only happen if in a household there is
a conflict that can no longer be resolved and as a last resort for domestic life. Because of that there was a
divorce that was dropped by the husband when he was dying and later died. In the event of a death, the
problem arises from the transfer of property from people who have died to people who are still alive. In
relation to inheritance law, the wife who was dropped by the husband when he was dying and then died
there was a difference of opinion between Imam Malik and Imam Shafi'i. The opinion of Imam Malik in
the books of al-Muwaththa 'and al-Mudawwanatul Kubra that his wife received inheritance. Whereas the
opinion of the Qaul Jadid version of Shafi'i in the book al-Umm and the book Mughni Muhtaj that his
wife did not inherit absolutely.

Keywords

Inheritance, Divorce, Dying

Article Details

How to Cite
Mardiah, A. (2018). HAK WARIS BAGI ISTRI YANG DITALAK BAIN OLEH SUAMI YANG SEDANG SEKARAT PERSPEKTIF MAZHAB MALIKI DAN SYAFI’I . Al-Qadha : Jurnal Hukum Islam Dan Perundang-Undangan, 5(2), 39-48. https://doi.org/10.32505/qadha.v5i2.1276