MAHAKIM: Journal of Islamic Family Law
Vol 2 No 2 (2018): July 2018

Kedudukan Harta Bersama Perkawinan Poligami

Arif Zunaidi (Fakultas Syariah IAIN Kediri Jalan Sunan Ampel No.7, Ngronggo, Kecamatan Kota Kediri, Rejomulyo, Jawa Timur 64127)



Article Info

Publish Date
07 Jun 2022

Abstract

Islam allows the marriage of more than one partner, provided that the husband can be fair and getpermission from the first wife. As a result of polygamous marriages, there is legal uncertainty aboutjoint assets, both in the first, second, third and fourth wives. The purpose of this paper is to find out thelegal certainty of shared assets in polygamous marriages. The method used is a normative legal researchmethod, using a regulatory approach, both Islamic law, Law Number 1 of 1974 and KHI. As a result, thereis legal uncertainty especially for the first wife based on the Compilation of Islamic Law, specifically legalprotection for the property with the wife brought in by her husband’s second marriage. According to LawNo. 1 of 1974, each wife gets a second share, whereas according to Islamic law the status of a woman’sproperty does not change with the marriage.

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Journal Info

Abbrev

mahakim

Publisher

Subject

Social Sciences

Description

The aim of the Journal of Mahakim is to publish the results of scientific research, especially in the field of Islamic family law which includes: Wedding Divorce Inheritance Family rules (obligations and rights in the family) Mahar and guardianship Religious Court Comparison of Islamic family law ...