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All Journal Syakhshiyyah Jurnal Hukum Keluarga Islam MILRev: Metro Islamic Law Review
Melinda, Nely
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PEMANFAATAN HARTA BERSAMA DALAM PERKAWINAN PERSPEKTIF KOMPILASI HUKUM ISLAM DAN HUKUM POSITIF Mustaghfiroh, Siti; Melinda, Nely
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 1 (2022): Bahasa Indonesia
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v2i1.5480

Abstract

The goal of this research is to figure out the rules of common property use in marriage. Joint property in the juridical concept can be defined as the property of husband and wife obtained during marriage or in other words joint property or commonly called gono gini property is property produced by a couple through cooperation between the throughout the marriage. Husband and wife have the right to use and ownership of the common property. Therefore they both have the same right to use the common property subject to the spouse's approval. This is closely connected to the requirement in “Compilation of Islamic Law Article 92 that a husband or wife may not sell or transfer shared property without the approval of another party”. In the life of society in general, the licensing of the use of common property is still very little realized, especially for common property whose material value does not significantly affect the family economy. The research method used is qualitative, that is, by describing or collecting data sourced from the literature connected to the theory of the provisions of the use of common property in marriage.
Pemahaman Masyarakat tentang Harta BersamaPerspektif Hukum Positif Indonesia Melinda, Nely; Sakirman
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.7512

Abstract

Joint assets in marriage are a combination of all assets obtained after the formation of marital status through a legal bond and are also defined as assets that are owned by both parties (husband and wife) or assets in joint names that are acquired simultaneously by husband and wife during the marriage takes place. Indonesian Positive Law which consists of Law no. 16 of 2019 concerning Marriage, the Compilation of Islamic Law, and the Civil Code (KUHP) also regulates the use of joint property objects in marriage in harmony with each other, which states that each party has the same rights to joint property and One of the parties can act, such as transferring, donating or selling joint property with the consent of both parties. This research uses field research with qualitative methods which aims to gather information from the people of Central Metro Yosomulyo regarding understanding of joint property using the Indonesian positive law approach as an analytical tool. This research is normative-sociological in nature because this research uses Indonesian Positive Law as a reference, namely making humans or society as objects, by examining the understanding of the Yosomulyo community regarding collective property which is then analyzed by referring to the perspective of Indonesian Positive Law. The finding from this research is that the public's understanding of the rules for using joint marital property objects is not in accordance with normative rules.
Analysis of Abdullah Ahmed An-Na’im’s Opinion in Renewing Sharia Public Law Mukti, Digdo Aji; Luberti, Amira Fauzia; Astuti, Yumeiza Nurwinda; Melinda, Nely
MILRev: Metro Islamic Law Review Vol. 1 No. 1 (2022): MILRev : Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v1i1.6194

Abstract

The holy book Al-Qur'an was revealed as a guide for mankind, every guidance and legality contained in the verses of the Al-Qur'an has its own purpose, the main purpose of which is to benefit mankind. One of the contemporary problems that occurs among Muslims is the relationship between politics and Islam, which is still a matter of debate, especially among Islamic thinkers. This also responds to the current Islamic revival to the ongoing economic, political and military crisis. Therefore, this article discusses his criticism of the secular state and its implementation in public law.
Co-Authors Astuti, Yumeiza Nurwinda Luberti, Amira Fauzia Mukti, Digdo Aji Mustaghfiroh, Siti Sakirman