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All Journal El-Usrah: Jurnal Hukum Keluarga Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Zuhri, Nur Alam Ullumuddin
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Religion Law, Crime, Criminology & Criminal Justice

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Implementation of Harmonious Family in the Concept of Proportionality of Obligations and Rights of Husband and Wife Relations: A Perspective on the Compilation of Islamic Law Sar'an, Mohamad; Hidayatulloh, Yusuf; Gussevi, Sofia; Indrawan, Riski; Zuhri, Nur Alam Ullumuddin
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.24662

Abstract

The breakup of marriage is a permissible act, but Allah SWT does not like such a decision. In the implementation of the sakinah mawaddah and rahmah family, it is quite difficult to carry out but it is not impossible to do. The serious problem is how when a family can no longer be harmonized again to exercise rights and obligations proportionately, and whether it must end in a divorce that is hated by God. This research focuses on husband and wife to remain harmonious when carrying out obligations and rights that benefit from the perspective of KHI. This study uses a comprehensive literature study methodology based on normative legal research presenting data and facts from the perspective of compilation of Islamic law and socio-cultural phenomena of society. KHI has an important role in a legal decision process because KHI is sourced from 13 books that are complete and in accordance with the socio-cultural nature of the Indonesian state and then with the nature of Islamic law that is flexible so that it can adapt to the dynamic development of the times. Although there are several KHI rules that need to be updated, such as the tendency towards patriarchal culture because it has been a long time when it was formed, namely 33 years, it is used as a reference by legal subjects so that it can be more up-to-date again when used in more contemporary legal cases in the future.
PEMBAGIAN HARTA BERSAMA DENGAN SUAMI YANG TIDAK MEMBERIKAN NAFKAH Firdaus, Seilla Nur Amalia; Sar'an, Mohamad; Zuhri, Nur Alam Ullumuddin; Albana, Rifki Hasan
JURNAL HAKAM Vol 8, No 2 (2024)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v8i2.8961

Abstract

The result of the breakdown of marriage is often a dispute over joint property. Article 97 KHI regulates the division of joint property with each party half a share. However, the reality in the field is not always the case, as in Decision Number 1349/Pdt.G/2023/PA.Bm the judge decided to divide it not equally, namely 40% for the husband and 60% for the former wife. The size of the ex-wife's share is because the ex-husband does not carry out his obligations as head of the family, namely providing maintenance. The difference in the percentage of the division of joint property makes the author interested in researching the decision. This research is a type of normative research with library research. Primary data sources are obtained from decision number 1349/Pdt.G/2023/PA.Bm and secondary data comes from books, journals, and so on. Data collection techniques using literature study with descriptive data analysis. The results of the study state that Decision Number 1349/Pdt.G/2023/PA.Bm according to the author is not in accordance with the theory of distributive justice initiated by Aristotle because the Defendant (ex-wife) who has a double burden as a housewife and works to earn a living does not get her rights as she should.Keywords :  joint property, family maintenance, distributive justice
Co-Authors Albana, Rifki Hasan Firdaus, Seilla Nur Amalia Gussevi, Sofia Hidayatulloh, Yusuf Indrawan, Riski Sar'an, Mohamad