scholarly journals Reformulation of the Status and Legal Position of Wives in the Concept of Joint Marital Property in the Islamic Inheritance System

2019 ◽  
Vol 8 (4) ◽  
pp. 8637-8638
Keyword(s):  
Common Property ◽  
Research Study ◽  
Islamic Law ◽  
Inheritance System ◽  
The Status ◽  
Marital Property ◽  
Legal Position ◽  
The Law ◽  
Sense Of Justice ◽  
Husband And Wife

The focus of this research study is Reformulation of the Position of the Treasure of Wife Search. The focus of this study is important because, in national regulations included in the compilation of Islamic law the assets obtained in marriage become common property, so that whenever there is divorce or death each gets a half share. In Law No. 1 of 1974, concerning Marriage, specifically concerning people who are Muslim, it is regulated in the Compilation of Islamic Law (KHI), looking at shared assets as assets produced in marriage. Here it is not questioned whoever looks for it. Marriage is seen as the composition of the Rights and Obligations of husband and wife who each have different duties from each other. In principle, the husband is obliged to seek and provide a living for his family, and the wife is obliged as a housewife, caring for children and so on. On the basis of this composition, the assets acquired in marriage become joint assets. Ironically, in the reality of life in society, many wives work for a living, so it is interesting to study different proportions in the distribution of property, for example divorce. While the law is rigid, each gets half the portion. This composition is the basis of a sense of justice, so the need for reformulation leads to a balance shifting to the wife, that is, the wife has more rights than the assets.

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 LEMBAGA HARTA BERSAMA DALAM MASYARAKAT BILATERAL PERPEKTIF HUKUM ISLAM

2016 ◽  
Vol 8 (1) ◽  
Author(s):  
Saifullah Masduki
Keyword(s):  
Islamic Law ◽  
Property Law ◽  
Kinship System ◽  
Community Property ◽  
The Status ◽  
Marital Property ◽  
The Law ◽  
Secondary Study

This paper is to study community property (harta bersama) from the genealogy perpective with it’s locus to bilateral genealogy as in Java, Sunda and Aceh society.Bilateral system of genealogy choosed in this paper, because a unilateral genealogy (patrilineal and matrilineal), will be marginalized along with the development of era and will be subtituded with bilateral genealogy. In addition, this paper also pretend to see how Islamica law to be adaptive to the customory law as a living law, especially in matter of the law of marital property (hukum harta perkawinan). Basically, this study is characterized as a secondary study or study of the law in books, that is the review of jurist manuscript and documentation about the norms that regulates law interaction in society from the status aspect. On of the conclusions of this paper is although the marital property law is not mentioned in Islamic law, but if we see the disired genealogy or kinship system which led to the bilateral system, then we are sure that Islamic law will adaptively absorb the community property as exist in customory law of bilateral system. 

Status Perkawinan Suami Istri Pasca Pembatalan Perkawinan Islam Di Indonesia

2019 ◽  
Vol 9 (1) ◽  
pp. 23-48 ◽  
Author(s):  
Sulkhan Zainuri
Keyword(s):  
Legal Status ◽  
Research Study ◽  
Islamic Law ◽  
Third Parties ◽  
Literature Research ◽  
The Status ◽  
Husband And Wife

the material law for the cancellation of Islamic marriages in Indonesia still requires further research considering there is a pluralism of regulations relating to it, namely Undang-undang no. 1 tahun 1974 concerning Marriage and Compilation of Islamic Law. This literature research study concludes that there is a dualism in terms of the termination of marriage in legislation, namely; the marriage is null and void and the marriage can be canceled so that it affects the legal status of husband and wife. However, due to the laws that are regulated remain the same, which is related to the status of children, property and third parties.

scholarly journals KARAKTERISTIK PEMASANGAN HAK TANGGUNGAN TERHADAP HARTA PERKAWINAN

2019 ◽  
Vol 5 (2) ◽  
pp. 161-174
Author(s):  
Kadek Setyawan Danarta
Keyword(s):  
Legal Status ◽  
Civil Code ◽  
Legal Systems ◽  
Marriage Law ◽  
Legal Principles ◽  
Marital Property ◽  
Legal Position ◽  
The Law ◽  
Husband And Wife

In essence the law is the realization of the protection of the interests of the community. Regarding Marriage Assets Law between husband and wife regulated in the Marriage Law has different legal principles from the Civil Code, so that in its application, Marriage Assets Law is subject to two legal systems, namely Marriage Assets Law based on Civil Code and Wealth Law Marriage based on the Marriage Law. The purpose of this thesis article is about the problem, the legal position of marital property in a household if it is used as a mortgage and the implementation of the mortgage rights to the marriage assets. In this article research uses a normative juridical method with an empirical juridical approach to refer to Law No. 1 of 1974 concerning Marriage. The results of the study basically if there is a marriage there will be a mixture of wealth between husband and wife, if the marriage is not accompanied by a marriage agreement, between the two parties there will be a round of wealth. (1) The legal status of marital property in a household if it is made a mortgage or legal property of marriage in jurisprudence has been accepted by the principle of transitory law. (2) Then the implementation of the installation of mortgages to marital assets must always be approved by both parties both husband and wife. While the granting of mortgages is preceded by a promise to provide mortgages as collateral for repayment of certain debt, which is stated in and is an integral part of the debt agreement.

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.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

scholarly journals PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

scholarly journals DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Law ◽  
Literature Study ◽  
Specification Method ◽  
The Status ◽  
Technological Developments ◽  
Legal Position ◽  
Community Issues

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).

scholarly journals KEDUDUKAN HARTA PERKAWINAN SETELAH PERCERAIAN DITINJAU DARI KOMPILASI HUKUM ISLAM

Res Judicata ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 288
Author(s):  
Iskandar Laka
Keyword(s):  
Marriage Law ◽  
Marital Property ◽  
The Law ◽  
Definition Of ◽  
Husband And Wife

The definition of property in marriage according to Law Number 1 of 1974 concerning marriage is abbreviated (Law No. 1 Year 1974) in Article 35 states that the property obtained in marriage becomes a joint asset, while the subordinate assets of each husband or wife and property acquired by each husband or wife as a gift or inheritance under their respective supervision insofar as the parties do not determine otherwise. According to Article 37 of Law Number 1 Year 1974 concerning abbreviated marriage (Law No. 1 Year 1974), it is explained that: "If marriage breaks out due to divorce, joint assets are regulated according to their respective laws, while for legal matters this marriage property often gets less attention in a marriage. The law of marital property has only recently received attention after a dispute between husband and wife who have broken up in marriage, so that in order to solve the problem of the marriage property an institution which is in it is needed to solve the problem, namely the Religious Court.

scholarly journals Artikulasi Islam Nusantara dalam Perjuangan Agraria

1970 ◽  
Vol 1 (1) ◽  
pp. 41-88
Author(s):  
Mohamad Shohibuddin
Keyword(s):  
New York ◽  
Land Tenure ◽  
Islamic Law ◽  
Rural Sociology ◽  
Tenure Reform ◽  
Legal Literature ◽  
Inheritance System ◽  
Marital Property ◽  
Nahdlatul Ulama ◽  
Mamluk Period

This article focuses on a specific topics rarely discussed in the scholarship of Islam Nusantara, namely the contribution of Islam Nusantara in addressing agrarian problems experienced by the community. To disclose such contribution, the author proposes the perspective of “access and exclusion” as a theoritical framework for understanding the nature of social struggle in the agrarian field. Based on this, the author will disclose the contribution of Islam Nusantara in “pursuing access” and at the same token “preventing exclusion” within various situations of agrarian struggle, starting from the family level (as concerned with inheritance system and joint marital property) to broader level of socio-agrarian relations (as related to inequalities in land tenure, relations of production and spatial allocation). In addition, the author will examines “agrarian ijtihad” issued by Nahdlatul Ulama and also proposes the idea of “agrarian waqf”—both constitute religious responses to “challenges of access” and “threats of exclusion” taking place within the community. Keywords: Islam Nusantara, struggle for access; struggle against exclusion; agrarian ijtihad; Nahdlatul Ulama; agrarian waqf Reference Abbasi, Muhammad Zubair, “The Classical Islamic Law of Waqf: A Concise Introduction.” Arab Law Quarterly 26, No. 2 (2012): p. 121-153. Abu Zahrah, Muhammad, Muhâdlarât fî al-Waqf. Tanpa tempat terbit: Ahmad ’Ali Mukhaymar, 1959. Hall, Derek, Philip Hirsch, Tania Murray Li, Powers of Exclusion: Land Dilemmas in Southeast Asia. Singapore: NUS Press, 2011. Ibrahim, Bilal, “Beyond State and Peasant: The Egalitarian Import of Juristic Revisions of Agrarian and Administrative Contracts in the Early Mamlūk Period.” Islamic Law and Society 16, No. 3-4 (2009): p. 337-382. Johansen, Baber, The Islamic Law on Land Tax and Rent: The Peasants’ Loss of Property Rights as Interpreted in the Hanafite Legal Literature of the Mamluk and Ottoman Periods. London, New York, Sydney: Croom Helm, 1988. Lembaga Ta'lif wan Nasyr PWNU Jawa Timur, Ahkamul Fuqaha: Solusi Problematika Aktual Hukum Islam. Keputusan Muktamar, Munas dan Konbes Nahdlatul Ulama (1926-2004). Surabaya: Khalista, 2007. Luthfi, Ahmad Nashih, “Sejarah dan Revitalisasi Perjuangan Pertanian Nahdlatul Ulama Melawan Ketidakadilan Agraria.” Bhumi: Jurnal Agraria Dan Pertanahan 3, No. 2 (2017): p. 145-159. Megawati Institute,Hasil Riset Oligarki Ekonomi. Jakarta: Megawati Institute, 2017. Powers, David S., “Orientalism, Colonialism, and Legal History: The Attack on Muslim Family Endowments in Algeria and India.” Comparative Studies in Society and History 31, No. 3 (1989): p. 535-571. Ribot, Jesse C. and Nancy Lee Peluso, “A Theory of Access.” Rural Sociology 68 No. 2 (2003): p. 153-181. Shohibuddin, Mohamad, Eko Cahyono, Adi Dzikrullah Bahri, “Undang-Undang Desa dan Isu Sumber Daya Alam: Peluang Akses atau Ancaman Eksklusi?” Wacana 19, No. 36 (2017): p. 29-81. Tersedia melalui tautan berikut ini: http://ipb.link/desa-dan-agraria. Shohibuddin, Mohamad, Ahmad Nashih Luthfi, Westi Utami, ed. Meninjau Ulang Pengaturan Hak Adat. Yogyakarta dan Bogor: STPN Press dan Pusat Studi Agraria IPB, 2019. Bisa diunduh melalui tautan berikut: http://bit.ly/36pdY5e. Shohibuddin, Mohamad dan Adi D. Bahri, ed. Perjuangan Keadilan Agraria. Yogyakarta, Bogor, Jakarta dan Bandung: Insist Press bekerja sama dengan Sajogyo Institute, Bina Desa dan Akatiga, 2019. Pengantar penyunting dapat dilihat melalui tautan ini: http://bit.ly/2QR2jaK. Shohibuddin, Mohamad, “Dua Wajah Islam Nusantara.” Koran Sindo, 11 April 2017. Versi  lebih panjang dapat dilihat pada tautan ini:  https://www.facebook.com/notes/mohamad-shohibuddin/dua-wajah-islam-nusantara/10155013669631224. ----------, Perspektif Agraria Kritis: Teori, Kebijakan dan Kajian Empiris. Yogyakarta: STPN Press, PSA IPB, Sajogyo Institute dan KPA, 2018. Bisa diunduh melalui tautan berikut ini: http://ipb.link/perspektif-agraria. ----------, Wakaf Agraria: Signifikansi Wakaf Bagi Agenda Reforma Agraria. Yogyakarta dan Bogor: Baitul Hikmah, Magnum Pustaka Utama dan Sajogyo Institute, 2019. Beberapa review buku ini bisa dilihat pada tautan ini: http://bit.ly/2NLwyxp. ----------, “Mempertimbangkan Wakaf Sebagai Skema Alternatif Pelaksanaan Tenure Reform.” Dalam Mohamad Shohibuddin dan Adi D. Bahri, ed. Perjuangan Keadilan Agraria. Yogyakarta, Bogor, Jakarta dan Bandung: Insist Press bekerja sama dengan Sajogyo Institute, Bina Desa dan Akatiga, 2019. Bab ini bisa diunduh melalui tautan berikut ini: http://bit.ly/2PI0omw. ----------, “Wakaf Berjangka untuk Pembaruan Tenurial Skala Desa.” Dalam Adi D. Bahri dan Mohamad Shohibuddin, ed. Perjuangan Keadilan Agraria: Inspirasi Gunawan Wiradi. Bogor, Bandung, Jakarta, Yogyakarta: Sajogyo Institute, PSA IPB, Akatiga, Bina Desa, STPN Press, 2020. Bisa diunduh melalui tautan ini: https://ipb.link/wakaf-berjangka. ----------, Ketimpangan Agraria di Indonesia: Pendekatan Studi, Kondisi Terkini dan Kebijakan Penanganan. Bogor: IPB Press, 2020. Versi e-book bisa diperoleh melalui tautan berikut ini: http://bit.ly/BukuKetimpanganAgraria. Winoto, Joyo, “Reforma Agraria: Mandat Politik, Konstitusi dan Hukum dalam Rangka Mewujudkan Tanah untuk Keadilan dan Kesejahteraan Rakyat.” Kuliah Umum disampaikan di Balai Senat Universitas Gadjah Mada, Yogyakarta pada 22 November 2007.

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