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All Journal USRATUNA: Jurnal Hukum Keluarga Islam JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Shinwanuddin, M.
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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STUDI NORMATIF YURIDIS SENGKETA PENYALAH GUNAAN HARTA GONO GINI Ubaidillah, M. Burhanuddin; Shinwanuddin, M.
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2023): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

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Abstract

In practice, disputes often arise between married couples in the division of marital property in court. Even in the court process, there are often disputes about the division of marital property, which further complicates the divorce process because each party claims that the property is part of their rights. This article focuses on a normative juridical study of disputes over the misuse of marital property due to death, divorce, and polygamy. It begins by examining the concept of normative juridical methods, the historical roots of the term "marital property," the legal basis of marital property in Indonesian law, and a normative juridical study of disputes over the misuse of marital property due to death, divorce, and polygamy. The research results show that husbands and wives have the same rights and obligations to marital property. Wives have the same rights and obligations to marital property, namely to maintain their husband's property that is in their possession and joint property. The use of marital property by the husband for the needs of children from the first marriage must be with the wife's consent. A husband who does not fulfill his obligations, such as not providing for his wife, is included in the category of nusyuz and neglects his obligation to ask for permission to use marital property with his second wife. The solution that can be taken is consultation and peace. If the peace effort fails and even triggers a dispute (syiqaq) between the husband and wife, the solution is to bring in a mediator (hakam) from each party.
DASAR WAJIB PATUH PADA UNDANG-UNDANG PERKAWINAN (UUP) DALAM KONTEKS INDONESIA Mustakim, Ahmad; Shinwanuddin, M.
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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This article aims to address the ambiguity or phenomenon developing in society regarding the obligation to comply with the Marriage Law in Indonesia. This is because Indonesians possess dual identities: as Muslims who must follow the rules of our religion, and as citizens of Indonesia who are required to adhere to the laws in force in Indonesia (Positive Law). These dual identities among Indonesian Muslims can become a serious issue if we are not wise in making decisions, especially regarding marriage. As Indonesian citizens and Muslims, we are obliged to comply with the Marriage Law because, as citizens of Indonesia, we are certainly required to follow it. This article addresses this issue by stating that the obligation to comply with the Marriage Law, when aligned with the Qur'an, can be found in Surah al-Nisa' (4:59) as a legal argument. This position arises because, in addition to being commanded to obey Allah and the Prophet, we are also commanded to obey those in authority (Ulil Amri), who, in the context of Indonesia, refers to the government/leaders. The relevance of the Marriage Law to Ulil Amri is that the Marriage Law is a product of the government. Ulil Amri includes a combination of leaders, Umara, and society working together for the welfare of the community, which means that as Indonesians and Muslims, we are obliged to obey it.
Co-Authors Mustakim, Ahmad Ubaidillah, M Burhanuddin