PROSES PENYELESAIAN SENGKETA WARIS TERHADAP KEDUDUKAN ISTRI YANG TIDAK MEMILIKI ANAK ATAS HARTA BAWAAN PENINGGALAN SUAMI DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM (KHI) (STUDI KASUS PUTUSAN NOMOR 2130/PDT.G/2025/PA.KOTA. MALANG)

Inheritance disputes frequently arise when a marriage ends due to death without leaving descendants, particularly with regard to the legal position of the wife over the husband’s separate property, which leads to differing interpretations between Islamic jurisprudence and the Compilation of Islamic Law (KHI). This study aims to analyze the legal position of the wife concerning the husband’s separate property based on Islamic jurisprudence, as well as the forms of inheritance dispute resolution in Case Number 2130/Pdt.G/2025/PA.Kota.Mlg. This research employs an empirical juridical method or field research using a case approach and a statutory approach. The results of the study indicate that under the KHI, the wife is in principle an heir; however, with respect to separate property that is not mixed with marital property, such property remains the personal ownership of the husband. The discussion further highlights differences in approach between Islamic jurisprudence and the KHI in determining the wife’s rights over separate property, as well as the importance of fulfilling formal procedural requirements in inheritance claims in order to achieve legal certainty. Therefore, this study suggests that the parties should comprehensively understand the provisions of the KHI and prioritize dispute resolution mechanisms that comply with proper legal procedures and involve all interested heirs.