scholarly journals The Concept of Joint Property Ownership of Husband and Wife

2022 ◽  
Vol 4 (1) ◽  
pp. 15-19
Author(s):  
Musfira Musfira ◽  
Syahrizal Abbas ◽  
Khairani Khairani ◽  
Wahyu Khafidah
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Literature Study ◽  
Legal Research ◽  
Property Ownership ◽  
Shared Property ◽  
Joint Property ◽  
Husband And Wife ◽  
A Share

Specifically, this study is the concept of joint property ownership of husband and wife. The focus of this study is important because, in the Marriage and Islamic Law Compilations, The property obtained in marriage becomes the joint property.So that, when a divorce or death occurs, each person gets half a share, in the regulation, there is no question about who produced it. In the reality of life in society, many wives work to earn a living, so it was interesting to study the different proportions in the distribution of property, in the event of a divorce. The problem of this research was how the concept of the joint property rights of husband and wife. In answering these problems, this research was carried out using the Socio-Legal Research method, by looking at the reality on the ground, to interpret joint property in changing situations. The technique of collecting data was through literature study, while the data analysis was qualitative. The findings of the study indicated that the practice of sharing assets with judges tends to use normative construction. Each of them got half a share and this was seen as an injustice, both through regulation and reconstruction of thinking in the distribution of the shared assets. Keywords: concept, ownership, shared property, marriage, law.

scholarly journals Peralihan Harta Bersama Melalui Hibah Tanpa Izin Salah Satu Pihak Berdasarkan Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2019 ◽  
Vol 3 (1) ◽  
pp. 81-94
Author(s):  
Agustina Dewi Putri ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Action ◽  
Legal Research ◽  
Shared Property ◽  
Legal Consequences ◽  
Husband And Wife

Menurut Pasal 36 ayat (1) Undang-Undang Nomor 1 tahun 1974, mengenai harta bersama, suami atau isteri dapat bertindak atas persetujuan kedua belah pihak. Adanya ketentuan Pasal tersebut di atas, menunjukkan bahwa jika seorang suami atau isteri, bermaksud melakukan perbuatan hukum yang objeknya terkait dengan harta bersama (misalnya menjual, menghibahkan dan lain-lain), baik itu berupa barang bergerak atau barang tidak bergerak, maka perbuatan hukum tersebut harus didasarkan pada persetujuan kedua belah pihak (suami dan isteri). Untuk mengetahui dan menjelaskan akibat hukum dari peralihan harta bersama melalui hibah tanpa izin dari salah satu pihak. Metode Penelitian yang digunakan adalah penelitian hukum yuridis normatif dan Ketiadaan persetujuan baik suami atau isteri memberi akibat hukum bahwa peralihan harta bersama tersebut menjadi batal demi hukum.As for article 36 paragraph (1) mentions that anything regarded to the shared-property should be with the consent of both parties. It is in line with Article 92 about Compilation of Islamic Law which mentions that either husband or wife without any consent of the other partner is not allowed to sell or transfer the ownerships of the shared-property. Provisionsof the article indicate that if the husband or wife intends to carry out a legal act whose object is related to a common asset (for example selling, granting, etc). whether it is movable or immovable property, the legal action must be based on agreement of both parties (husband and wife). To figure out and explain the legal consequences of share assets transfer throght a grant without permission from one of the parties. Research method used in this is normative juridical legal research. To find out and explain the comparison of provisions on the transfer of property with husband and wife based on Law Number 1 Year 1974 and Compilation of Islamic Law Absence of approval from both husband and wife gives legal consequences that transfer of shared property becomes null and void by law.

scholarly journals Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Sugih Ayu Pratitis
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Applicable Law ◽  
Personal Property ◽  
Personal Rights ◽  
Marital Property ◽  
Shared Property ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

<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>

scholarly journals Rereading the Concept of Nusyūz in Islamic Marriage Law with Qira'ah Mubādalah

2020 ◽  
Vol 5 (02) ◽  
pp. 139-152
Author(s):  
Khoirotin Nisa' ◽  
Muslih Muslih ◽  
Abu Hapsin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Family Relations ◽  
Literary Study ◽  
Marriage Law ◽  
Legal Research ◽  
Deductive Method ◽  
Islamic Marriage ◽  
Husband And Wife

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.

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

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.

scholarly journals Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan

2021 ◽  
Vol 2 (3) ◽  
pp. 590-596
Author(s):  
Anak Agung Istri Altia Dwi Widaswari ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Equitable Distribution ◽  
Secondary Sources ◽  
Marital Property ◽  
The Law ◽  
Materials Used ◽  
Joint Property ◽  
Husband And Wife

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.

scholarly journals ANALISIS PEMBAGIAN HARTA BERSAMA DALAM KONDISI MATI KALALAH (Studi Kasus Putusan Nomor 197K/AG/2015)

2018 ◽  
Vol 1 (1) ◽  
pp. 488
Author(s):  
Tetty Hariyati ◽  
Wahyuni Retnowulandari
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Legal Research ◽  
Domestic Life ◽  
Positive Law ◽  
Community Property ◽  
The Law ◽  
Husband And Wife

The division of community property is a very essential issue in domestic life. Regarding the positive law taking in force in Indonesia, the division of community property for Islam is regulated in the Compilation of Islamic Law (KHI) where the Compilation of Islamic Law regulates the division of community property for both widowed (widowed and not remarried) and divorced (divorced and not remarried). The widowed is regulated in article 96 of the Compilation of Islamic Law and the divorced is regulated in article 97 of the Compilation of Islamic Law. If examined from these two articles, both equally regulates  if the marriage relationship broke up, the community property is divided for husband and wife, each will get a 50:50 part. However, this is different based upon  Decision Number 197K / AG / 2015 The division is greater for the wife of 60% and 40% for husband. In this case the problem raised here is how the regulation makes an arrangement for division of community property in dead condition without father and children (mati kalalah) under the law of inheritance in Indonesia and how the judge's consideration related to the division of community property in dead condition without father and children (case study: Decision number 197K / AG / 2015)? The author here used normative legal research method that is descriptive and primary and secondary data and also supported by interviews in this study.

scholarly journals Hak Waris Anak Yang Berbeda Agama Dengan Pewaris Berdasarkan Kompilasi Hukum Islam

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 211
Author(s):  
Moh Ariq Fauzan ◽  
Dewa Gde Rudy
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Islamic Law ◽  
Court Decision ◽  
Legal Research ◽  
The Right ◽  
A Share

This article purpose to find out that children of different religions have the right to inheritance from the heir and to find out how to get children of different religions to get a share of the inheritance from the heir. This paper uses a normative legal research method. The Islamic Law Compilation determines that an heir who has a different religion from his parents, in this case has a religion other than Islam, will not inherit from his parents. This means that the heirs cannot be non-Muslim. Then that an heir is obliged to be Muslim and proven by owning or based on testimony that the heir is Muslim, and if the heir is still an infant or is not yet capable, it will be considered in accordance with the religion of the parents. The resolution so that children as heirs of different religions receive inheritance from the heirs can be seen from the actions taken by judges in the form of legal breakthroughs based on the jurisprudence of the Salatiga Religious Court Decision and Determination, Badung Religious Court, and Supreme Court Judgment Jurisprudence, and in line with the views of ulama Abdul Wahab. Khallaf is based on surah al-Nisa: 11-14., Then a child or an heir who has a different religion than his parents or heirs will still receive property or inheritance that can be obtained through a will wajibaah, the inheritance obtained is not permitted more of 1/3 of the inheritance.   Artikel ilmiah ini memiliki tujuan yaitu untuk mengetahui anak yang berbeda agama berhak atas warisan dari pewaris dan untuk mengetahui cara agar anak yang berbeda agama itu mendapatkan bagian harta warisan dari pewaris. Tulisan ini menggunakan metode penelitian hukum normatif. Kompilasi Hukum Islam menentukan bahwa seorang ahli waris yang memiliki agama yang berbeda dengan orang tuanya dalam hal ini memiliki agama selain Islam maka ia tidak akan mendapatkan warisan dari orang tuanya. Artinya ahli waris tidak boleh dari yang beragama non Islam. Kemudian seorang ahli waris diwajibkan beragama Islam dan dibuktikan dengan memiliki maupun berdasarkan kesaksian bahwa ahli waris tersebut beragama islam, dan apabila ahli waris masih bayi atau belum cakap, maka akan dipandang sesuai dengan agama orang tuanya. Penyelesaian agar anak sebagai ahli waris yang berbeda agama mendapatkan harta warisan dari pewaris dapat dilihat dari tindakan yang dilakukan hakim berupa terobosan hukum berdasarkan yurisprudensi Putusan Pengadilan Agama Salatiga dan Penetapan, Pengadilan Agama Badung, serta Yurisprudensi Putusan Mahkamah Agung, dan Sejalan dengan pandangan ulama Abdul Wahab Khallaf berdasarkan surat al-Nisa’: 11-14., maka seorang anak atau seorang ahli waris yang memiliki agama berbeda  dengan orang tua atau pewaris tetap memperoleh harta benda atau harta warisan yang bisa diperoleh melalui wasiat wajibaah, harta warisan yang diperoleh tidak diijinkan lebih dari 1/3 dari harta waris.

scholarly journals Akibat Hukum dalam Perkawinan yang Dilakukan oleh Suami Tanpa Ijin Istri Sahnya

2020 ◽  
Vol 1 (1) ◽  
pp. 60
Author(s):  
Barzah Latupono
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
State Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Religious Law ◽  
Life Phenomena ◽  
The Relationship ◽  
Research Show ◽  
Husband And Wife

Marriage is a very sacred bond. The purpose of this research is to study and analyze the existence of household life phenomena that occur misunderstandings, disputes, quarrels, which are prolonged, which trigger a break in the relationship between husband and wife, but there are also disputes in the household but do not break the relationship in the sense of divorce but the husband has an affair. The research method used in this research is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the research show that the husband performs the next marriage, it is permissible in Islamic law as long as there is honesty and permission from the first wife, but if a marriage is carried out secretly without the permission of the first wife then this marriage will bring harm to the parties and this kind of marriage will not will be recognized by religious law and State law which will result in the parties not getting recognition and protection by law because the marriage is considered invalid and can be canceled.

scholarly journals Tinjauan Hukum Gugatan Pembatalan Hibah dari Ayah Kepada Anak

2021 ◽  
Vol 5 (2) ◽  
pp. 104-126
Author(s):  
Nadjematul Faizah ◽  
Siti Fatimatu Zahra
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Literature Study ◽  
Legal Research ◽  
Library Research ◽  
Joint Property

This research is a literature study (library research/content analysis) with the type of normative legal research through a statute approach, an Islamic law approach and a case approach. The results of this study conclude that parents may donate assets to their children, grants are made by paying attention to justice between their children. Even though a parent can withdraw the grant, a valid reason and evidence must be had, because the grant cannot be withdrawn immediately, even though the grant is given from the father to his child. In the case discussed in this study, the Panel of Judges decided to reject the grant cancellation lawsuit filed by the father against his children. the absence of the ex-wife's consent to withdraw the grant from the joint property.

scholarly journals Marriage Properties Sharing Based on Islamic Law

2021 ◽  
Vol 3 (1) ◽  
pp. 68-92
Author(s):  
Sudirman A. Dg. Mataro ◽  
M. Taufan B ◽  
Ermawati Ermawati
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Research Methods ◽  
Data Reduction ◽  
Islamic Law ◽  
Data Presentation ◽  
Analysis Technique ◽  
Shared Property ◽  
Joint Property

The aim of this study is to discuss the Sharing of Assets as a Result of Divorce in the Palu Religious Court. This study used qualitative research methods with an emphasis on juridical analysis studies/ The data was gathered  through observation, interviews, and documentation. The data analysis technique that the researcher uses is data reduction, data presentation, data verification and conclusion. This study found that, the distribution of shared assets in the Palu Religious Court, the Panel of Judges in completing the distribution of assets referred to Article 35 paragraph (1) of Law Number 1 of 1974 and KHI in article 97. In determining and granting the plaintiff's claim and the plaintiff's reconstruction which contains the Determination of joint assets according to the provisions of the marriage law, that the assets obtained during marriage become joint property. In a legal juridical sense, the understanding of shared property is the property of husband and wife obtained during marriage.

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