scholarly journals Reconstruction of Law of Joint Property Distribution due to Divorce to the Working Husband and Wife Based on the Value of Justice

2017 ◽  
Vol 8 (4-1) ◽  
pp. 47-52
Author(s):  
Eti Mul Erowati
Keyword(s):  
Structure Factor ◽  
Islamic Law ◽  
Civil Servants ◽  
Domestic Life ◽  
Family Work ◽  
High Court ◽  
Property Distribution ◽  
Legal Structure ◽  
The Family ◽  
Joint Property

Abstract Article 97 of Compilation of Islamic Law stated that a divorced widow or widower gets half part of the joint property. The application of the article also cannot be separated from 31 and 34 of Law No. 1 of 1974 on Marriage. However, Article 97 of Compilation of Islamic Law will not be considered fair and could not explain or resolve a problem if there is a wife who not only becomes a housewife, but also a housekeeper that provides the needs for the family (work). The results showed that in certain cases the judge has made a breakthrough related to the distribution of joint property due to divorce n which the wife is working to help husband to meet domestic life. The Verdict of Religious High Court of Padang No.38/Pdt.G/2013/PTA.Pdg. Establishes 1/3 of joint property for the Plaintiff (husband) and 2/3 of the property for the Defendant (wife) with a basic consideration in acquiring joint property of the Plaintiff and Defendant during the marriage, the Defendant is more dominant in the contribution of joint property and actively works as civil servants. Factor that influences the verdict which does not achieve justice is “legal substance factor”, “legal structure factor”, and “culture of law factors". Reconstruction of value of joint property distribution due to divorce is done based on the contribution by taking into account the benefit and detriment.

Keperluan Ijtihad dalam Pengurusan Pewarisan Harta: Kajian Terhadap Amalan Nuzriah di Singapura

2012 ◽  
Vol 60 (1) ◽  
Author(s):  
Suhaimi Mustar ◽  
Nasrul Hisyam Nor Muhamad
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Estate Planning ◽  
High Court ◽  
Property Distribution ◽  
The Family

This article analyzes the need for ijtihad in the management of inheritance with particular reference to the practices on nuzriah in Singapore. For that purpose, the discussion has been made on a nuzriah case that was decided in the High Court of Singapore. In order to analyze the position of nuzriah, the authors has examined the legal views of fiqh, the contemporary fatwas, the provisions of law, and the objectives of Shariah in nuzriah implementation nuzriah in inheritance. The study found that nuzriah is an instrument for the distribution of property that is suitable to be practiced in certain situations to address issues of conflict in the inheritance. In the Singapore context, the concept of nuzriah can be adapted in planning the family property distribution in addition to the use of hibah, wills and trusts. Nevertheless, the effectiveness of nuzriah as estate planning instrument also depends on its compliance with both Civil law and Islamic law. Keywords: Ijtihad; inheritance; nazar; nuzriah; Islamic Law in Singapore Artikel ini menganalisis keperluan ijtihad dalam pengurusan pewarisan harta dengan rujukan khusus kepada amalan nuzriah di Singapura. Untuk tujuan tersebut, perbincangan telah dibuat terhadap satu kes berkenaan nuzriah yang telah diputuskan di Mahkamah Tinggi Singapura. Penulis dalam menganalisis kedudukan nuzriah telah membahaskan pandangan-pandangan fiqh, fatwa semasa, peruntukan undangundang, dan tujuan Syariah dalam pelaksanaan nuzriah dalam pewarisan harta. Kajian mendapati bahawa nuzriah adalah instrumen agihan harta yang sesuai diamalkan dalam situasi-situasi tertentu bagi menangani isu-isu yang menjadi konflik dalam perwarisan harta. Dalam konteks Singapura, konsep nuzriah boleh diadaptasi dalam merancang agihan harta keluarga di samping penggunaan instrumen hibah, wasiat dan amanah. Sungguhpun demikian, keberkesanan nuzriah sebagai instrumen perancangan harta juga bergantung kepada pematuhannya dengan kedua-dua undang-undang Sivil dan Islam. Kata kunci: Ijtihad; pewarisan; nazar; nuzriah; undang-undang Islam di Singapura

scholarly journals Joint Property Distribution upon Divorce Reviewed From the Contribution of Husband and Wife in the Household

2021 ◽  
Vol 3 (1) ◽  
pp. 1-20
Author(s):  
Eka Ristianawati
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Dual Role ◽  
Fair Share ◽  
Property Distribution ◽  
Descriptive Research ◽  
The Family ◽  
Approach Method ◽  
Joint Property ◽  
Husband And Wife

Joint property distribution has been regulated in the Islamic Law Compilation (KHI), namely, Article 97 which explains that a widow or widower is entitled to half of the joint property. The distribution is fair if the husband and wife make the same contribution in the marriage. However, in fact, today we often find that wives are being the backbone of the family while husbands do not earn a living or husbands earn a living for the family, but wives do not take care of the household. If such a situation is found, is the article 97 of KHI still relevant? This paper presents a concept of joint property distribution based on the contribution of husband and wife in marriage which is considered fairer for both of them than what has been stipulated in the KHI and the Civil Code Articles 128-129. The type of research used is descriptive research. This means that research is discussed in the form of an explanation described in words carefully and thoroughly. The approach method used in this research is a normative juridical approach. The results of this study explain that to obtain the justice, judges can act contra legem (against the law) where justice should give a share to everyone based on his services or contributions (Aristotle). The joint property distribution in marriage from a justice perspective is the distribution of joint property by assessing the amount of contribution of the parties. A fair share does not have to be 50% for widowers and 50% for widows. The husband can get a smaller share from the wife if the contribution is less during the marriage and does not carry out his obligation as the breadwinner and the wife can get a larger share from the husband if the wife plays a dual role, and vice versa.Pembagian harta bersama telah diatur dalam Kompilasi Hukum Islam yakni pada pasal 97 dijelaskan bahwa janda atau duda berhak separuh dari harta bersama. Pembagian tersebut adil apabila suami dan istri memberikan kontribusi yang sama dalam perkawinan. Akan tetapi pada faktanya saat ini sering kita temui istri menjadi tulang punggung keluarga sedangkan suami tidak mencari nafkah atau suami mencari nafkah untuk keluarga akan tetapi istri tidak mengurus rumah tangga. Jika ditemukan keadaan seperti itu apakah masih relevan KHI pasal 97 tersebut. Tulisan ini menyajikan sebuah konsep pembagian harta bersama berdasarkan kontribusi suami istri dalam perkawinan yang dinilai lebih adil untuk keduanya daripada apa yang sudah diatur dalam KHI dan KUHPerdata Pasal 128-129. Hasil dari penelitian ini dijelaskan bahwa untuk mendapatkan sebuah keadilan hakim dapat bertindak contra legem (mengenyampingkan undang-undang) dimana keadilan itu seharusnya memberikan bagian kepada setiap orang didasarkan atas jasa-jasanya atau kontribusinya (aristoteles). Pembagian harta bersama dalam perkawinan jika dilihat dari perspektif keadilan adalah pembagian harta bersama dengan menilai besaran konstribusi para pihak. Dimana pembagian yang adil tidak harus 50 % untuk duda dan 50% untuk janda. suami bisa mendapatkan bagian yang lebih kecil dari istri apabila kontribusinya kurang selama perkawinan dan tidak menjalankan kewaibannya sebagai pencari nafkah dan istri bisa mendapatkan bagian yang lebih besar dari suami jika istri berperan ganda, begitu uga sebaliknya. 

scholarly journals ANALISIS YURIDIS PERTIMBANGAN MAJLIS HAKIM TERHADAP ALAT BUKTI DALAM KASUS PEMBAGIAN HARTA BERSAMA /GONO GINI (Analisis Putusan Pengadilan Tinggi Agama Surabaya Nomor 308/Pdt.G/2017/PTA.Sby)

2019 ◽  
Vol 7 (2) ◽  
pp. 8
Author(s):  
Sholahuddin Fathurrahman ◽  
Ali Wasiin
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Legal Research ◽  
High Court ◽  
Empirical Law ◽  
The Law ◽  
Case Number ◽  
Joint Property

Division of joint property due to this divorce the authors want to review further that is by doing research on the Implementation of Sharing of Joint Property in Practice in High Religious Court Surabaya No. 308 / Pdt.G / 2017 / PTA.Sby The plaintiff/Appel made a legal effort ( Appeals) after the plaintiff/complaint lawsuit in the Religious Court of Nganjuk with the case number,1339/Pdt.G/2016/PA Ngj dated 5 April 2017 the rejectThe formulation of the problem in this thesis is: (1) What is the judge judge's consideration in the distribution of common property in the High Court of Religion Surabaya Number 308 / Pdt.G / 2017 / PTA.Sby? (2) How is the execution / execution of the sharing of common property in the High Court of Religion Surabaya in case No. 308 / Pdt.G / 2017 / PTA.Sby?The type of this research is Empirical law research which depart from the study of the validity of the Law is a legal research that examines the comparison between the Law Reality with Ideal Law.The results of this study are: (1) The distribution of joint property in the High Court of Religion Surabaya Number 308 / Pdt.G / 2017 / PTA.Sby conducted on the basis of Law Number 1 Year 1974 on Marriage and Compilation of Islamic Law, the assets acquired whether the husband or wife is a joint right so long as no other is specified in the marriage agreement and if the marriage is terminated, each is entitled 1/2 (half) of the property, because during the marriage there is a common property, the Judge here gives a decision on the magnitude part of each. The court shall determine the division of such joint property ½ (half) to the plaintiff and 1/2 (half) of the part for the defendant. (2) Implementation of the execution of the sharing of common property in the High Religious Court of Surabaya The case number 308 / Pdt.G / 2017 / PTA.Sby is voluntary by the parties because they are less concerned about the decision of the Nganjuk Religious court, because their main purpose (the plaintiff and defendant) is divorced

scholarly journals Islamic Law Perspective on Settlement of Inheritance Disputes

2021 ◽  
Vol 3 (1) ◽  
pp. 15-27
Author(s):  
Arsyam Arsyam ◽  
Siti Musyahidah ◽  
Malkan Malkan
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Analysis Method ◽  
High Court ◽  
Normative Approach ◽  
The Supreme Court ◽  
The Family ◽  
Review Study ◽  
Religious Courts

This study discusses the process of inheritance dispute resolution in the Religious Court of Palu City.  This study is a literature review study. While the approach used in this study is a normative approach, which is based on the texts of the Qur'an, Al-Hadith and a juridical approach, which is based on the compilation of Islamic law and the Law of Religion Court authority. This research data analysis method uses an inductive pattern, which is an analysis that departs from concrete facts or events in the decisions of the Religious Courts even to the Supreme court then general conclusion was drawn. This research is descriptive-analytical in nature, namely research that seeks to describe the process of resolving inheritance disputes in the Palu city religious court . Then in the analysis, the researcher tried to find the Islamic law perspective on the settlement of inheritance disputes.  The results showed that the process of inheritance dispute resolution is the same as other litigation processes through the stage of registration entered into the head of the court then the head of the court determines 3 judges in handling the case of inheritance dispute. The distribution of inheritance at the Palu Religious Court  carried out through a consensus by going through several stages in the trial channel. In that stage, it included the Palu Religious Court, then appealed to the high court until the end of the case of inheritance reached the Supreme Court. This is done in order to maintain the mutual benefit of the family suing each other.

scholarly journals STUDI KRITIS PERNIKAHAN BAWAH UMUR PERSPEKTIF UUP NO. 16 TAHUN 2019 DAN GENDER ANALISIS

2020 ◽  
Vol 19 (2) ◽  
pp. 208
Author(s):  
Sippah Chotban
Keyword(s):  
Human Rights ◽  
Gender Inequality ◽  
Islamic Law ◽  
Political Elites ◽  
Domestic Life ◽  
Marriage Age ◽  
Legal Structure ◽  
Age Limit ◽  
Age Of Marriage ◽  
Sense Of Justice

The age of marriage between women and men in the legal structure in Indonesia is an important element and becomes a tough polemic and discourse among academics, practitioners and political elites. This is indicated by, among other things, the following discourse and regulations that specifically regulate marital age, namely Marriage Law Number 1 of 1974 Article 7 (1) which confirms that the marriage age limit is 16 for women and 19 for men. The marriage age limit provisions are further reaffirmed in Article 15 (1) of the Compilation of Islamic Law (KHI) No. 1 of 1991. In its development, the marriage age limit has not fulfilled a sense of justice, until legal measures are taken to review it, so UUP No. 16 of 2019 Article 7 paragraph 1 which states that the age limit for marriage of women and men is 19 years. Equal age restrictions have a purpose - among other things - to create early equality between women and men in marriage, while at the same time being able to suppress and minimize underage marriages so that marital human rights can be realized, as well as destructive things -negative does not happen. The problem then is whether the presence or presence of UUP No. 16 of 2019 will reduce and minimize the number of underage marriages? And will this create an atmosphere of domestic life that is far from manifestations of gender inequality?

scholarly journals Method of Sharing Marriage Properties in the Religious Court, Palu

2020 ◽  
Vol 2 (2) ◽  
pp. 58-70
Author(s):  
Moh. Thariq Godal ◽  
Syarif Hasyim ◽  
Musyahidah Musyahidah
Keyword(s):  
Grounded Theory ◽  
Data Analysis ◽  
Qualitative Methods ◽  
Islamic Law ◽  
Theory Approach ◽  
Legal Principles ◽  
The Family ◽  
Grounded Theory Approach ◽  
Depth Interviews ◽  
Joint Property

The aim of this paper is to discusses Marriage properties method sharing  in the Religious Court of Palu City.  This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results of this study indicate that terminating the distribution of marital assets is sufficient to provide justice for the plaintiffs and defendants. Joint assets are divided in half for each party if under normal conditions, namely the husband provides support for the family and the wife takes care of the household. The division of joint assets based on contributions in marriage is one of the considerations by the judge in deciding joint property cases. This means that the sharing of joint assets does not refer to Article 97 of the Compilation of Islamic Law, namely that joint assets are divided in two for each party, but divided by 2/3 for the wife and 1/3 for the husband in certain cases (casuistik). Judges in the decision on the distribution of joint assets are still based on legal principles and norms.

scholarly journals Marital Beslag Outside Divorce Lawsuit in the Maqashid Syari’ah Perspective

2020 ◽  
Vol 4 (2) ◽  
pp. 398
Author(s):  
Riza Mulia
Keyword(s):  
Islamic Law ◽  
Family Care ◽  
Normative Approach ◽  
Human Needs ◽  
The Family ◽  
The Law ◽  
Joint Property ◽  
Financial Aspect

The law of marriage seeks to protect joint property in the marriage bond with the hope that a quality family can be formed without any problems. Rules in law provide various reasons for formal legal guarantees for the protection of joint assets. This reason also does not escape the view of Islamic law through maqashid syar'iyah. This paper uses a normative approach. The focus of the problem in this paper is the objective of applying marital beslag outside of a divorce suit from the viewpoint of maqashid syar'iyah. The results showed that the provisions for marital beslag outside of a divorce suit were intended to maintain human needs from the financial aspect of the family that could sustain the family. In this context, protection of property helps maintain relationships between individuals (families) through the meaning contained in the text, where confiscation contains an element of family care which is also the goal of the maqasid.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

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.

Breaking Free

2017 ◽  
Author(s):  
Deirdre David
Keyword(s):  
United States ◽  
The United States ◽  
The Novel ◽  
Male Homosexuality ◽  
Domestic Life ◽  
The Family

In the mid- to late 1950s, Pamela emerged as a critically acclaimed novelist, particularly after the family returned to London. In perhaps her best-known novel, The Unspeakable Skipton, she explores the life of a paranoid writer who sponges on English visitors to Bruges. The novel was hailed for its wit and sensitive depiction of the life of a writer. She also published a fine study of a London vicar martyred in marriage to a vain and selfish wife: The Humbler Creation is remarkable for its incisive and empathetic depiction of male despair. The Last Resort sealed her distinction as a brilliant novelist of domestic life in its frank depiction of male homosexuality. While continuing to publish fiction, Pamela maintained her reputation as a deft reviewer. In 1954, she and Charles travelled to the United States—the first of many trips that were to follow.

THE DECADENCE OF THE AMERICAN FAMILY AS VIEWED IN 1884

PEDIATRICS ◽  
1977 ◽  
Vol 59 (1) ◽  
pp. 91-91
Author(s):  
T. E. C.
Keyword(s):  
New England ◽  
European Country ◽  
Family Life ◽  
American Family ◽  
Domestic Life ◽  
Additional Element ◽  
Mutual Help ◽  
Progressive Deterioration ◽  
The Family ◽  
The One

Almost a century ago editorials such as the one below expressed the fear that the American family was in serious trouble. We do not like to be doleful, but it is impossible to ignore some of the facts that have been presented with the last year or two [1882] by Dr. Goodell, Dr. Nathan Allen, and others. These facts relate to...the decadence of family life among Americans. Dr. Allen, who has been studying this subject for many years, presents the case very directly in an article entitled "The New England Family" (The New Englander). It is asserted that the objects of the institution of the family are three: the propagation of children, the preservation of chastity, mutual help and company. In each of these respects the American family, especially the New England family, shows a marked and progressive deterioration, since one hundred years ago. As regards the propagation of children, it is shown that the average native New England family is very much less productive than formerly.... The birthrate in New England families has been steadily declining until now it is lower than that of any European country except France. One additional element in this, no doubt, is the habit of delaying marriages-a habit made almost necessary by the more expensive style of living which is demanded, and by what some consider the selfishness of young men who prefer not to sacrifice their liberty to the responsibility and expense of domestic life. Another indication of family deterioration is the increase of divorces.

Sign in / Sign up

Export Citation Format

Share Document