scholarly journals IMPLEMENTASI PEMBAGIAN HARTA BERSAMA DALAM PERKAWINAN POLIGAMI

2021 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Zainul Fanani
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Polygamous Marriage ◽  
Joint Ownership ◽  
The Common ◽  
Shared Property ◽  
Joint Property

Abstrak Pasal 94 ayat (1) kompilasi Hukum Islam menyebutkan harta bersama dari perkawinan seorang suami yang mempunyai istri lebih dari seorang, masing-masing terpisah dan berdiri sendiri, ayat (2) menyebutkan pemilikan harta bersama dari perkawinan seorang suami yang mempunyai isteri lebih dari seorang dihitung pada saat berlangsungnya akad perkawinan yang kedua, ketiga dan keempat. Dengan demikian momentum pelaksanaan perkawinan merupakan hal yang sangat signifikan dalam penentuan harta bersama dalam perkawinan poligami. Hal ini akan menjadi hambatan dalam pembagian harta bersama, khususnya menyangkut masalah pembuktian harta bersama tersebutKata kunci:  harta Bersama, poligami, pembagian Abstract Article 94 paragraph (1) compilation of Islamic law mentions joint property of marriage of more than one spouse, separate and independent, paragraph (2) mentions the joint ownership of marriage of husband of more than one spouse at the time of the second, third and fourth marriages. Thus the momentum of the marriage exercise is a very important factor in the determination of common property in polygamous marriage. This would be a hindrance in the sharing of common property, especially with regard to the issue of proof of the common propertyKeywords: Shared property, polygamy, subdivision

scholarly journals Law of Common Ownership in Connection with the Development of the Economy of the Collective Use of Goods and Services

2021 ◽  
Vol 16 (11) ◽  
pp. 74-82
Author(s):  
I. Z. Ayusheeva
Keyword(s):  
Common Property ◽  
Sharing Economy ◽  
Property Law ◽  
Apartment Building ◽  
Goods And Services ◽  
Common Ownership ◽  
The Common ◽  
Shared Property ◽  
The Right ◽  
Joint Property

It becomes urgent to resolve the issue of developing the institution of law of common ownership,  as well as property law in general, regarding the fact that property law needs reforming that has not yet been  implemented, due to the emergence, in the context of digitalization, of the economy of collective use of various  goods (sharing, the economy of shared consumption), changes in the culture of consumption and the fact that not  in all cases the acquisition of goods on the basis of sole ownership is economically justified. Users’ communities,  whose members jointly acquire objects for their collective use, including objects in common ownership, can be  considered as one of the forms of sharing. Peculiarities of exercising the right to common ownership in relation  to property in the context of a sharing economy make it possible to talk about the possibility of separating an  independent type of common property along with shared and joint property (for example, collective common  property) or distinguishing a variety of common shared property—by analogy with the right of ownership to the  common property of an apartment building. The peculiarities of the implementation of this type of common  property can be enshrined in civil legislation.

scholarly journals PERLUASAN MAKNA HARTA BERSAMA PERSPEKTIF SOSIOLOGI HUKUM ISLAM

2018 ◽  
Vol 17 (1) ◽  
pp. 63
Author(s):  
Isnadul Hamdi
Keyword(s):  
Life Insurance ◽  
Traffic Accident ◽  
Common Property ◽  
Islamic Law ◽  
Insurance Fund ◽  
The Common ◽  
Joint Property

This research is based on the problems in the distribution of common property. First, the emerging of differences in the system of distributing of common property in talak raj'i and talak ba'in. Second, the occurrence of expansion in terms of income during marriage such as the existence of insurance. Third, the existence of the agreement in marriage before the joint property is shared. The result of the research shows that in the sociology perspective of Islamic law the effort to share the common property: first, in the case of divorce because the situation is still in the iddah period of talak raj'i, property should not be divided because it minimizes the possibility of reunification. Unlike the case if talak ba'in, property should be devidedd soon because it certainly will not be reunited. Second, in response to the expansion of common property such as the existence of insurance money, all Indonesian Judge agreed that all property acquired during marriage is related to Taspen Insurance, Asabri Fund, Labor Insurance, Traffic Accident Fund, Passenger Accident Fund, Life Insurance Fund, Property of Luggage, Credit that has not paid off. Third, the agreement in marriage greatly affects the distribution of common property given the existence of Article 45, 52, and 97 Compilation of Islamic Law "divorced or divorced widow respectively entitled to two joint property as long as not specified in the marriage agreement.

scholarly journals Kepastian Hukum Harta Bersama bagi Istri Pertama dalam Perkawinan Poligami

2021 ◽  
Vol 6 (1) ◽  
pp. 66
Author(s):  
Willy Budianto ◽  
Rachmi Sulistyarini
Keyword(s):  
Islamic Law ◽  
Legal Protection ◽  
Legal Certainty ◽  
Polygamous Marriage ◽  
The Future ◽  
Shared Property ◽  
The Creation ◽  
The Law ◽  
Joint Property

This study aimed to analyze the legal certainty of shared property as well as the urgency of marriage agreements on the shared property for first wives in polygamous marriages. The research used the statute approach. The provisions of the law on joint property in polygamous marriage based on Article 94 of the compilation of Islamic law did not provide legal certainty to the first wife, thus the creation of a marriage treaty deed on joint property under Law Number 1 of 1974 on Marriage became one of the efforts to obtain legal certainty. The urgency of the marriage agreement on the joint property for the first wife in a polygamous marriage was related to the legal protection of the first wife when the husband was influenced by the second wife in the future.

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.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

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.

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.

scholarly journals BANKRUPTCY ESTATE OF THE DEBTOR’S SPOUSE: AN INTERSECTORAL ASPECT

2020 ◽  
pp. 26-30
Author(s):  
А.S. Salimov ◽  
S.V. Voronina
Keyword(s):  
Common Property ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Bankruptcy Law ◽  
Joint Ownership ◽  
The Common

The bankruptcy estate of the debtor spouse is all property belonging to him both on the basis ofindividual and joint ownership, including unfulfilled property obligations. The composition of the propertyof spouses is determined by the rules of family law, taking into account the legal regulation of certain typesof property, which requires special attention when forming the bankruptcy estate of the debtor spouse. Thebankruptcy estate may include the property of a citizen, making up his share in the total property, which maybe levied in accordance with civil law, family law. Family relations are built on the principle of community,which affects the implementation of bankruptcy law. To foreclose on the share of the debtor spouse, it isnecessary to separate the share of the debtor spouse from the common property, while the bankruptcy lawallows the sale of common property with the subsequent payment of funds to the debtor’s spouse.

scholarly journals Nadużycie prawa podmiotowego w sprawach o ustanowienie rozdzielności majątkowej i ustalenie nierównych udziałów w majątku wspólnym

2020 ◽  
Vol 29 (5) ◽  
pp. 283
Author(s):  
Agnieszka Szczekala
Keyword(s):  
Common Property ◽  
Civil Code ◽  
Moral Justification ◽  
General Clause ◽  
Scope Of Application ◽  
Separate Property ◽  
The Common ◽  
Subjective Rights ◽  
Article 5

<p>The purpose of the study is to determine the scope of application of the construction of abuse of subjective rights in cases involving the establishment of a regime of separate property by the court and the determination of unequal shares in the common property. The prerequisite for both the establishment of the regime of separate property and the determination of unequal shares in the common property are “important reasons”. In order to determine the admissibility of the application of Article 5 of the Polish Civil Code it is therefore necessary to define the meaning of the terms “important reasons” and “rules of social coexistence”. It is assumed herein that general clauses are a kind of reference, in terms of the interpretation of provisions to generically defined norms and non-legal assessments, which have, in principle, an axiological moral justification and, consequently, that only evaluative phrases, as “rules of social coexistence” can be referred to using this term. “Important reasons”, on the other hand, are not an evaluative phrase but an estimative phrase and therefore not a general clause. It was also considered that it could not be ruled the assessment, under Article 5 of the Polish Civil Code, of the request for the regime of separate property to be established by the court or the request for the establishment of unequal shares in the common property, taking into account the extent to which each of the spouses contributed to its creation.</p>

scholarly journals Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

Al-Qadha ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 160-174
Author(s):  
Azmil Fauzi Fariska
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Secondary Material ◽  
Library Research ◽  
Primary Reference ◽  
Shared Property ◽  
Data Collection Technique ◽  
Research Decision ◽  
Joint Property ◽  
Laws And Regulations

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

scholarly journals ضوابط الاختلاف حول الأموال المشتركة بين الزوجين وآثاره

2021 ◽  
Vol 24 (2) ◽  
pp. 262-273
Author(s):  
Ahmed Ramadan Mohamed Ahmed ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Marina Abu Bakar
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Moral Rights ◽  
Financial Responsibility ◽  
Accurate Definition ◽  
The Family ◽  
The Common ◽  
The Difference ◽  
The Stability ◽  
Definition Of

There is no doubt that the marital rights between the spouses stemming from this sacred covenant vary between purely material rights and moral rights that include both spouses, and among these rights are funds related to the Muslim family, which arose with this construction and the sacred covenant, the provisions of Islamic law have preserved the rights of The financial wife imposed her dowry, and obliged the husband to support and accommodation for the wife. Taking care of her and maintaining herself and her body, and through this financial care for the rights of the wife and the woman’s enjoyment of financial responsibility independent of the husband, the common money between the two spouses may arise through the course of life between them, and it is known that the marital contract in Islam ends with one of only two: divorce or death, and so on. They have implications for joint funds; From here comes the importance of this study to solve the problem of disagreement over joint funds. the importance of studying . The shared money between the spouses is of great importance in the stability of the family and the building of society. Therefore, attention must be paid to the reality of the joint money, how it is managed, and the controls that govern it when disagreeing, so that the financial rights of both spouses are not lost. Which may negatively affect the stability and development of society. Objectives of the study : The study seeks to achieve a set of goals that would achieve balance in the issue of joint funds, and among these goals. 1- Attempting to find an accurate definition of the shared property between spouses 2- Establishing rules and controls for dealing in joint funds 3- A statement of the legal adjustment of the joint property of the spouses Research questions : Several questions revolve around this problem, including the following. 1- If the marital contract occurred and ended, then what is the fate of the common property between the spouses? 2- What is the matter if a dispute occurs between the spouses about this money? 3- What are the controls that can be referred to when the difference occurs? Through this research paper, we try to answer these questions in order to arrive at a legal adaptation to the problem of disagreement about the joint money between the spouses, and to explain the implications of that. By studying this topic in the following pages.

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