Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Vol. 14 No. 2 (2020): BILANCIA

MUSYARAKAH PADA HARTA BERSAMA

Nadia Nadia (Fakultas Syariah IAIN Palu)
Noval Noval (Fakultas Ekonomi dan Bisnis Islam)



Article Info

Publish Date
04 Jan 2021

Abstract

The concept of marital property is still an interesting topic to discuss. Because there is still a disagreement between the concept of marital property to described by contemporary scholars through the approach of syirkah and the financial reality of today's family in Indonesia. This is because syirkah mufawadhah and syirkah 'abdan which explain is the type of syirkah 'uqūd that requires ijab-kabul and its provision for business. While in the context of marital property this concept is not achieved. Because the concept of marital property in Indonesia is more suitable towards the concept of syirkah amlak that does not require ijab-kabul and non-business. However, if want to conform to the concept of syirkah 'uqūd or syirkah business then there needs to be an improvement that must be preceded by a syirkah agreement or a contractual agreement on joint property either before marriage on premarital agreement or during marriage.

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Journal Info

Abbrev

blc

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Bilancia is an academic peer-reviewed journal that publishes the current articles and results of research of scholars and students who are deeply concerned with Shariah and Law issues. Bilancia is regularly published twice a year (June and December). The study focuses on the latest discourse in ...