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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Jurnal Asy-Syari'ah
Khosyi’ah, Siah
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Other

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Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia Khosyi’ah, Siah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.845 KB) | DOI: 10.24090/mnh.v11i1.1266

Abstract

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.
AKIBAT HUKUM PERKAWINAN TIDAK DICATAT TERHADAP ISTRI DAN ANAK ATAS HAK KEBENDAAN MENURUT HUKUM ISLAM DI INDONESIA: Legal Consequences of Unregistered Marriages for Wives and Children Regarding Property Rights Under Islamic Law in Indonesia Khosyi’ah, Siah
Asy-Syari'ah Vol. 18 No. 2 (2016): Jurnal Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v18i2.659

Abstract

This paper describes the legal consequences of marriage were not recorded on the wives and children of the right material according to Islamic law in Indonesia, so this article is focused on the history of marriage in Indonesia, marriage is not recorded, and the legal consequences of marriage were not recorded for the right material. Legal remedies that can be done to make the recognition of the state for the marriage were not recorded, namely through the filing legalitation of marriage (isbat nikah) to the Islamic Courts. In Islamic Law Compilation explained that: who has the right to apply for legalitation of marriage (isbat nikah) is a husband or wife, their children, the guardian of marriage, and interested parties.
Co-Authors Elly Lestari Mukhlas, Oyo Sunaryo