Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia
Marriage is an inner birth bond between a man and a woman as a husband and wife with one with a noble purpose. Although basically the marriage is expected to run smoothly but in unexpected situations and conditions, the marriage can also end in divorce. One of the problems that must be resolved af...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universitas Negeri Semarang
2023-01-01
|
| Series: | Contemporary Issues on Interfaith Law and Society |
| Subjects: | |
| Online Access: | https://journal.unnes.ac.id/sju/index.php/ciils/article/view/66295 |
| Summary: | Marriage is an inner birth bond between a man and a woman as a husband and wife with one with a noble purpose. Although basically the marriage is expected to run smoothly but in unexpected situations and conditions, the marriage can also end in divorce. One of the problems that must be resolved after the married couple divorces is the problem related to the division of common property. Indonesia is a country where most of its citizens convert to Islam so knowledge related to how to regulate common property in marriage according to Islamic Law is important to discuss. This study aims to examine property in marriage with the perspective of Islamic Law. This type of research is normative juridical research with a statutory approach. The results showed that joint property according to Islamic law is that there is property obtained either singly or with the husband and wife during the marriage bond. According to the Compilation of Islamic Law, the division of common property in the event of a divorce, be it a dead divorce or a living divorce, the spouse is entitled to obtain half of the amount of common property as long as it is not otherwise specified in the marriage agreement.
|
|---|---|
| ISSN: | 2829-8373 2829-8624 |