scholarly journals HARTA BERSAMA DALAM PERKAWINAN DI INDONESIA (Menurut Perspektif Hukum Islam)

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
AMELIA RAHMANIAH

Joint property in marriage law in Indonesia comes from Indonesian tradition law which isthen used as the written law namely Undang-Undang No. 1 Tahun 1974 About Marriage and Compila-tion of Islamic Law with the aim to provide balanced position between husband and wife. The objectiveis in line with maqashid al shariah. But, the joint property that occur automatically in the written lawneeds to be reconstructed based on the ownership of Islamic law that the existence of joint property isin line with Islamic law.

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.


2020 ◽  
Vol 1 (2) ◽  
pp. 126-136
Author(s):  
Jinner Sidauruk

Article 1 of the Marriage Law, Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God. In the definition of marriage, we also see an element of bonding between a man and a woman as husband and wife. For this reason, husband and wife need to help and complement each other so that each can develop his personality to help and achieve spiritual and material well-being. In inbreeding has been carried out for a long time by people in certain areas who still have blood relations. Where this is done over and over again becomes a habit and then the marriage becomes a culture for a certain area. From the foregoing, it can be seen that inbreeding exists in Indigenous communities where Customary Law applies and Islamic societies that apply Islamic law. After the enactment of the Marriage Law No.1 of 1974 concerning marriage, marriages made with relatives or inbreeding have been restricted and even prohibited in the Marriage Law but if this is violated and occurs, the marriage can be canceled.  


2019 ◽  
Vol 3 (1) ◽  
pp. 49-67
Author(s):  
Abdul Basit Misbachul Fitri

Islamic law and marriage law are at the level of rules and laws that must be obeyed by followers of religion and contain benefits for the society. Getting married is a religious command that is worth worship which brings reward, when the religious command is carried out it will produce happiness and benefit for the doers of worship. The existence of the rights and obligations of husband and wife in Islam and marital law in Indonesia is nothing but to foster awareness of husband and wife in realizing a happy family peace,love and mercy, of course when these rights and obligations are not implemented, it will cause family problems that burden both of them (husband and wife) and hinder his success in reaching family expectations. Islam also provides rules and teachings on procedures for harmonious families. Also, the State is bound by responsibility in the form of marriage law which must be applied to Indonesian Moslems.


2014 ◽  
Vol 12 (1) ◽  
Author(s):  
Mesraini Mesraini

Abstract: The Concept of  Joint Assets and its Implementation in the  Religious Court. Legislation in Indonesia stipulates that any property acquired during marriage becomes joint property of husband and wife, without distinguishing who works and who registered the property. If the marriage come to an ends, either through death or divorce, the property must be divided equally. In general, this study found that a panel of judges in the religious court division decided a case of the distribution of joint property is not outside of the statutory rules. Since no agreement or reconciliation had been made   by the husband and wife in dispute about the portion of the division of their property, the judge decided that the joint property be divided in the same amount. However, if there is an agreement between husband and wife, the division of the joint property will be based on that agreement.Keywords: community property, Compilation of Islamic Law, judgment, Court of Religion.Abstrak: Konsep Harta Bersama dan Implementasinya di Pengadilan Agama. Perundang-undangan di Indonesia mengatur bahwa setiap harta yang diperoleh selama perkawinan dijadikan sebagai harta bersama suami isteri, tanpa membedakan siapa yang bekerja dan harta itu terdaftar atas nama siapa. Apabila perkawinan itu berakhir, baik karena kematian maupun karena perceraian, maka harta tersebut harus dibagi dua sama banyak nilainya. Penelitian ini menemukan data bahwa secara umum majelis hakim Pengadilan Agama dalam memutuskan perkara pembagian harta bersama tidak keluar dari aturan perundang-undangan tersebut. Selama tidak ada kesepakatan atau perdamaian yang dibuat oleh suami dan isteri yang bersengketa tentang porsi pembagian harta bersama, majelis hakim memutuskan harta bersama tersebut dibagi sama banyak. Namun, apabila terdapat kesepakatan antara suami dan isteri, pembagian harta bersama didasarkan atas kesepakatan yang mereka buat.Kata Kunci: harta bersama, Kompilasi Hukum Islam, putusan hakim, Pengadilan AgamaDOI: 10.15408/ajis.v12i1.980


2020 ◽  
Vol 5 (02) ◽  
pp. 139-152
Author(s):  
Khoirotin Nisa' ◽  
Muslih Muslih ◽  
Abu Hapsin

Islam exists in order to uphold justice. Likewise with families, where there are often unfair relationships between husband and wife, there are so many obstacles which can threaten the harmony of marriage. So far the issue of nusyūz is often connected to the wife and the Compilation of Islamic Law (KHI) confirms this. How Islamic law regulates nusyūz and how the perspective of qira'ah mubādalah about this nusyūz is are the main questions of this study. This study uses normative legal research method with descriptive technique. Data collection was carried out by literary study and then they were analyzed qualitatively by the deductive method. The results of this study are as follow: Nusyūz according to Islamic law (KHI) is conceptualized as a wife's disobedience to her husband, such as reluctance to have intercourse, surly in front of her husband, leaving the house without the husband's permission and others which make the husband dislike. If nusyūz occurs then it is resolved by: giving advice, separating beds, and hitting. Mubādalah as a method of interpretation of texts which is reciprocal, in terms of family relations between husband and wife, defines nusyūz as disobedience to household commitments so it applies to husband and wife. Nusyūz settlement by beating is considered as an act of violence so it should not be done. Inviting reconciliation to return to commitment is the best way according to QS. An Nisa': 128.


2020 ◽  
Vol 8 (2) ◽  
Author(s):  
ABDUR ROHMAN

 Dapat dideskripsikan, bahwa pelaksanan pembagian harta gono-gini dalam perkawinan poligami adalah sama dengan pembagian harta gono-gini dalam perkawinan monogami, yaitu masing-masing pasangan mendapatkan bagian sama antara suami dan para istri, sebagaimana maksud Pasal 37 Undang-undang Nomor 1 Tahun 1974 dan Pasal 97 Kompilasi Hukum Islam.  Ditetapkan harta bersama dalam perkara ijin poligami, adalah demi kemaslahatan dan melindungi Harta bersama Pemohon dan Termohon, agar istri yang  baru tidak mengklaim harta bersama tersebut dengan menerapkan 3 pilar tujuan hukum yaitu keadilan, kemanfaatan dan kepastian hukumKata kunci: kepastian hukum, poligami, perkawianan It can be described, that the distribution of the gono-gini assets in the polygamy marriage is the same as the distribution of the gono-gini assets in a monogamous marriage, where each pair gets an equal share between husband and wife, as intended in Article 37 of Law Number 1 of 1974 and Article 97 Compilation of Islamic Law. Determined joint property in the case of a polygamy permit, is for the benefit and protection of Assets with the Petitioner and Respondent, so that the new wife does not claim the joint property by applying the 3 pillars of legal objectives namely justice, expediency and legal certainty Keywords: legal certainty, polygamy, marriage 


2019 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Sugih Ayu Pratitis

<p>The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.</p>


2021 ◽  
Vol 21 (2) ◽  
pp. 170
Author(s):  
Hazar Kusmayanti ◽  
Efa Laela Fakhriah ◽  
Bambang Daru Nugroho

This resarch reviews disputes revolving around the division of joint property after a divorce in the Central Aceh Regency using the methods; discussion with family, discussion by involving the customary institution Sarak Opat, and filing a claim to the Takengon Syar’iyah Tribunal. In general, division of joint property in the Central Aceh Regency is done by discussion through the customary institution Sarak Opat. The division of joint property after a divorce in the Central Aceh Regency that is done through discussion takes into account which household the child grew up in and how much money that household makes. Although this is not in accordance with the provisions of Indonesia’s Marriage Law and the Islamic Law Compilation, it may be in accordance with Article 37 of Indonesia’s Marriage Law and that this would not violate the rules within Islamic Law nor Customary Law, since in its core within Islamic Law and Customary Law there are specific rules regarding percentage of division of joint property following a divorce


2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Feni Arifiani

AbstractFamily resilience is currently a top priority for state initiatives that address a variety of factors that contribute to family resilience, including physical, social, and psychological aspects. Several aspects of the Marriage Law, however, are in the spotlight because they are contentious. "Every husband and wife who are legally married have the duty to love, support, and preserve honor for each other." be faithful, and provide physical and spiritual assistance to one another." The rules on feelings suggest that a married couple must communicate their feelings to one another, and this is not without reason. The four advantages of sharing feelings of love include minimizing tension caused by pent-up emotions, making it easier for couples to understand each other, and making it easier for couples to communicate with each other. Being an efficient method on occasion. Marriage, according to the Marriage Law, is a sacred relationship created by a man and a woman as husband and wife in order to form a happy and everlasting family (household) founded on Almighty divinity. A family will be created as a result of this union. Many people believe that Family Resilience is a plagiarized version of the Islamic Law Compilation (KHI), "Both husband and wife are bound by the statute." to love, respect, and aid one another from one body to another. As a consequence, what some people are referring to is an article that already exists in the Marriage Law and KHI, which has existed in previous regulations and has never been challenged. AbstrakKetahanan keluarga yang saat ini menjadi prioritas program negara yang mencakup berbagai aspek yang dibutuhkan untuk memenuhi ketahanan keluarga, seperti aspek ketahanan fisik, sosial, dan psikologis. Namun beberapa hal dalam UU Perkawinan yang menjadi sorotan karena memicu kontroversi. “Setiap suami dan istri yang terikat dalam perkawinan yang sah berkewajiban untuk mencintai, menghormati, menjaga kehormatan, setia, dan saling memberikan bantuan jasmani dan rohani”. Aturan tentang perasaan menunjukkan perlunya pasangan suami istri untuk saling mengungkapkan perasaannya, tentunya hal ini bukan tanpa alasan. Empat manfaat dalam mengungkapkan perasaan cinta antara lain mengurangi stres akibat terpendam, memudahkan pasangan untuk saling memahami, terkadang menjadi cara yang efektif. UU Perkawinan mendefinisikan pernikahan sebagai ikatan spiritual antara laki-laki dan perempuan sebagai suami istri untuk membentuk keluarga (rumah tangga) yang bahagia dan abadi berdasarkan ketuhanan Yang Maha Kuasa. Dari pernikahan ini akan terbentuk sebuah keluarga. Ketahanan Keluarga yang dipermasalahkan oleh banyak orang merupakan penjiplakan dari Kompilasi Hukum Islam (KHI), “Suami istri wajib hukumnya. untuk saling mencintai dalam cinta, menghormati dan memberi bantuan dari satu tubuh ke tubuh lainnya. Dengan demikian yang dimaksud oleh sebagian orang tersebut merupakan pasal yang sudah ada dalam UU Perkawinan dan KHI, dimana sudah ada pada peraturan sebelumnya dan tidak dipersoalkan sampai sekarang.


ADDIN ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 555
Author(s):  
Nur Khoirin

<p>One of the problems that often arise after the divorce is the ownership of assets acquired during marriage, whether it belongs to the husband, wife, or both of them. According to the Compilation of Islamic Law or the fiqh of the results of <em>ijtihad fuqaha</em> Nusantara, the assets obtained in marriage, except those obtained through inheritance or grants from parents/family, are joint property of husband and wife (gono gini). One party may not use it except getting agreement from the other parties. And if marriage breaks, either because of divorce or death, then it must be divided into two. In the books of Arabic Fiqh, there is no joint property because marriage does not cause a mixture of wealth. Nonetheless, in the books of fiqh provides the possession of wife's assets, such as dowry, livelihood, mut'ah, <em>iwadl</em> and <em>tirkah</em>. If the provision of fiqh is carried out consistently, then when a divorce occurs, the husband must leave the house, because all the property has become the property of his wife through a way of life. But this is certainly not fair. Therefore the determination of the existence of joint property in marriage is a moderate opinion and a benefit.</p>


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