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ANALISIS KEDUDUKAN HARTA BERSAMA DALAM HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM Andi Syamsul Bahri
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.06 KB) | DOI: 10.30863/al-risalah.v3i1.2827

Abstract

This study discusses the analysis of the position of joint property in Islamic law and the compilation of Islamic law articles 96 and 97. The purpose of this study is to determine the position of joint property based on the view of Islamic law and compilation of Islamic law articles 96 and 97 as well as the similarities and differences in the position of joint assets according to Islam law and compilation of Islamic law. The author uses a type of library research, which is to become library material as the main data source, by writing, clarifying, and reducing data, especially those related to joint property, both in the study of compilations of Islamic law and Islamic law.The results showed that 1). The position of joint property based on the view of Islamic law can be understood that joint property is syirkah in the sense that it is a form of cooperation or partnership between husband and wife. Syirkah in joint property is a form of cooperation between husband and wife to build a sakinah, mawaddah, warahmah family, including property in marriage. Regarding this joint property, the husband or wife can act to do something or not to do something on the joint property through the agreement of both parties. 2). The position of joint property based on the view of the compilation of Islamic law articles 96 and 97 can be understood that ownership of property in marriage determines the balance between husband and wife in married life. Because they are still married. They have the same rights to the joint property. 3). Equality in the position of joint property according to Islamic law and compilation of Islamic law lies in the distribution of property, in the event of a divorce, the distribution of joint property can be carried out in peace. The division of joint property according to Islamic law and compilation of Islamic law is not absolute because in principle the philosophy in the distribution of joint property is a value that can be achieved by deliberation based on the principles of faith, justice, balance, legal protection, deliberation and compassion. While the difference lies in the concept of joint property. Islamic law does not recognize the name of joint property, Islam views that the wife gets good protection regarding physical, spiritual, moral, material, housing, maintenance costs, and the education of children is the full responsibility of the husband as the head of the family. Meanwhile, according to the compilation of Islamic law, it is explained that joint property is property obtained during marriage as joint property.
STATUS PERNIKAHAN WANITA HAMIL DI LUAR NIKAH DALAM PERSPEKTIF IMAM MAZHAB, KHI DAN UU NO 1 TAHUN 1974 Andi Syamsul Bahri
Al-Risalah: Jurnal Hukum Keluarga Islam (Ahwal Al-Syakhsiyah) Vol 2, No 1 (2021)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (398.643 KB) | DOI: 10.30863/al-risalah.v2i1.2715

Abstract

AbstractThis study discusses the marital status of pregnant women out of wedlock in the perspective of the Imam Madhhab, KHI and Law Number 1 of 1974 concerning Marriage. The purpose of this study was to determine the legal status of a pregnant woman's marriage out of wedlock in the perspective of the Imam Madhhab, KHI and Law no. 1 of 1974 concerning Marriage and to find out the differences and similarities of opinion of the Imams of the Madhhab, KHI, and Law no. 1 of 1974 concerning Marriage, the legal status of a pregnant woman's marriage. The method used in this research is the library method using review and citation techniques. The data obtained were analyzed using qualitative descriptive and content analysis. The approach used is a normative and historical theological approachBased on the results of research according to the madhhabHanafiyah and Syafi'iyah , pregnant women out of wedlock are allowed to marry men who impregnate them. This adulterous behavior does not prevent the validity of the marriage contract. It is different with the madhhab Hambali and Malikiyah, a pregnant woman out of wedlock may not marry a man who impregnates her, nor is it permissible for a man to know that she is pregnant, unless the woman has finished her iddah and has repented. According to Article 53 of KHI, it is explained that a pregnant woman out of wedlock can be married to a man who impregnated her. Meanwhile, according to Law no. 1 of 1974 concerning Marriage does not explain the provisions relating to the marriage of pregnant women, but only regulates the position of children born from the marriage. As explained in the Marriage Law Chapter IX article 42 which reads that a legitimate child is a child born in or as a result of a legal marriage. Meanwhile, in Burgerlijk Wetboek article 32 it is explained that a pregnant woman may not be married to a man who impregnates her and if the marriage does occur, it is considered invalid