Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Mawaddah: Jurnal Hukum Keluarga Islam An-nisa: Journal of Islamic Family Law
Daelani, Supian
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Refleksi Maqoshid Syariah Dalam Istinbath Hukum Progresif Terhadap Pembagian Harta Bersama Dalam Kompilasi Hukum Islam Di Indonesia Daelani, Supian
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.115

Abstract

This study analyzes the implementation of Article 97 of the Compilation of Islamic Law (KHI) regarding the distribution of joint property after divorce in the Religious Courts of Bandung, Depok, Sukabumi, and Garut. This article mandates an equal division of assets between husband and wife without considering individual contributions. However, this rule is often viewed as unfair because it does not account for the specific roles in acquiring assets, particularly in the context of the evolving roles of husbands and wives, where many wives also contribute as breadwinners. Court rulings in Bandung and Depok reveal that judges have begun to consider both economic and non-economic contributions, resulting in a more proportional division of assets. In contrast, in Sukabumi and Garut, the division is still rigidly applied according to formal regulations. This highlights the need for reform. This study explores maqashid al-shariah, which emphasizes substantive justice and public welfare, as a basis for reforming Article 97 of the KHI. This reform aims to achieve a fairer distribution of assets based on each party's actual contribution. The participation of society and academics is also essential in this reform process to ensure that the policies developed are relevant and just.
Recontextualizing Article 97 of the Indonesian Compilation of Islamic Law: A Maqasid-Based Analysis of Judicial Practices in Joint Property Disputes Daelani, Supian; Wasman, Wasman; Sugianto, Sugianto; Samsudin, Samsudin; Neonbeni, Randy Vallentino
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.60

Abstract

Article 97 of the Compilation of Islamic Law (KHI) stipulates that if a marriage ends due to divorce, each surviving widow or widower is entitled to half (50%) of the joint property, unless otherwise stipulated in the marriage agreement. This study aims to review (recontextualize) the application of Article 97 of the KHI from a justice perspective, particularly in cases where the husband and wife's contributions to the acquisition of property are unequal, or where one party (particularly the wife) bears a double burden. The research method used is normative legal research with a conceptual approach and a case-based approach (judgment decisions). The results indicate that the rigid application of Article 97 of the KHI (equal division) often results in substantive injustice, particularly when the wife acts as the primary breadwinner or a housewife who works hard beyond basic obligations while the husband is negligent.  Recontextualization of this article is necessary by shifting the paradigm from "equal distribution" (equality of portion) to "division based on real contribution" (proportional justice) and the principle of Maqasid Sharia (benefit). Supreme Court Judge Decision No. 266 K/AG/2010 provides the basis for the division of joint assets not necessarily being 50:50, but rather taking into account the extent of each party's contribution to the acquisition of the joint assets.
Co-Authors Neonbeni, Randy Vallentino Samsudin Samsudin Sugianto Sugianto Wasman Wasman, Wasman