Husband and Wife. Community Property. Wife's Interest Therein

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

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Konsep Harta Bersama dan Implementasinya di Pengadilan Agama

AHKAM Jurnal Ilmu Syariah ◽

10.15408/ajis.v12i1.980 ◽

2014 ◽

Vol 12 (1) ◽

Author(s):

Mesraini Mesraini

Keyword(s):

Islamic Law ◽

Community Property ◽

Joint Property ◽

Husband And Wife

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

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The Rights of Each Wife in the Division of Community Property in Polygamous Marriage According to Law Number 1 Of 1974 Concerning Marriage

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v6i1.621 ◽

2019 ◽

Vol 6 (1) ◽

pp. 355

Author(s):

Nurul Maulidah ◽

Thohir Luth ◽

Iwan Permadi ◽

Masruchin Ruba’i

Keyword(s):

Research Method ◽

Legal Research ◽

Property Ownership ◽

Legal Norms ◽

Polygamous Marriage ◽

Legal Science ◽

Community Property ◽

Separate Property ◽

Husband And Wife

This study aims to analyze the norms that all wives have the same rights over community property obtained since the marriage took place as the norm in Article 65 paragraph (1) letter c of Law number 1 of 1974 concerning Marriage. Therefore, this will get answers to the rights of each wife to community property in the division of community property in polygamous marriage. This research includes the type of legal research. The research method is based on the nature of legal science whose object is the norm. Legal research assesses legal norms so that it is normative. A man and woman before marriage each have complete rights to their property. After binding themselves to a marriage institution, there are norms governing their rights to property ownership. Community property in a marriage is realized by the effort of husband and wife; however, the capital can also come from separate property or gifts from each husband and wife which are manifested into property in marriage. Determination of community property in polygamous marriages is only based on marriage in which each wife can ignore the rights of another wife.

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