KAJIAN YURIDIS TENTANG HIBAH SUAMI KEPADA ISTRI YANG DIHIBAHKAN ISTRI KEPADA PIHAK KE TIGA DITINJAU DARI PERSPEKTIF HUKUM PERDATA DAN HUKUM ISLAM DI INDONESIA (Studi Kasus Pada Pemberian Hibah Seorang Dokter Kepada Isterinya Yang Terjadi Di Kota Ternate)

Research on the Judicial Review About Grants of Husband for Wife who is donated to third party is seen From the Perspective of Civil Law and Islamic Law in Indonesia (Case of Study On Giving Grants of A Doctor To wife Happens In Ternate) aims to determine whether to grant the husband and wife who is donated to third party is in conformity with the provisions of civil law and Islamic law in Indonesia and to know how the implementation of the grant of husband for wife who is donated to third party who can provide legal certainty under the provisions of civil law and Islamic law in Indonesia. This study is an empirical legal research, namely research that analyzes the application of the rule of law through the facts that is occurred in the community. To explain it, then performed a qualitative data analysis with qualitative descriptive method is the method of analyzing the situation and conditions of the community and connecting with applicable laws and regulations related to the substance of research. In primary and secondary data collection is carried out field research and library research, while making conclusions using deductive reasoning. Based on research is obtained: 1. a. That grants of the husband and for wife who is granted to third party contrary to the provisions of Article 1678 Book of Civil Law Act, then grant is void and null and void from the perspective of civil law. b. That grants of the husband for wife who is granted to third party is not contradict with the provisions of jurisprudence (al-Qur'an and the Hadis) and Article 87 paragraph (2) Compilation of Islamic Law, then grant of proficiency level is valid and not void by law from a legal Islam perspective in Indonesia. 2. a. Because the grants of husbands for wife who is donated to third party contrary to the provisions of Article 1678 Book of the Civil Code Act, even if the implementation is not done by way of smuggling law, then it would not legally be performed by an authentic deed of Notary / PPAT . b. Because the grants of husbands for wife who is donated to a third party is not contradict with the provisions of jurisprudence (al-Qur'an and the Hadis) and Article 87 paragraph (2) Compilation of Islamic Law, then to give more legal certainty of implementation should be made in writing that is witnessed at least two witnesses to get a determination from the Court grants approval of Religion