Justicia Islamica : Jurnal Kajian Hukum dan Sosial
Vol 8, No 1 (2011): Hukum dan Sosial

LEMBAGA HARTA BERSAMA DALAM MASYARAKAT BILATERAL PERPEKTIF HUKUM ISLAM

Masduki, Saifullah (Unknown)



Article Info

Publish Date
25 Aug 2016

Abstract

This paper is to study community property (harta bersama) from the genealogy perpective with it’s locus to bilateral genealogy as in Java, Sunda and Aceh society.Bilateral system of genealogy choosed in this paper, because a unilateral genealogy (patrilineal and matrilineal), will be marginalized along with the development of era and will be subtituded with bilateral genealogy. In addition, this paper also pretend to see how Islamica law to be adaptive to the customory law as a living law, especially in matter of the law of marital property (hukum harta perkawinan). Basically, this study is characterized as a secondary study or study of the law in books, that is the review of jurist manuscript and documentation about the norms that regulates law interaction in society from the status aspect. On of the conclusions of this paper is although the marital property law is not mentioned in Islamic law, but if we see the disired genealogy or kinship system which led to the bilateral system, then we are sure that Islamic law will adaptively absorb the community property as exist in customory law of bilateral system. 

Copyrights © 2011






Journal Info

Abbrev

justicia

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Other

Description

Justicia Islamica published by the Department of Sharia and Islamic Economic IAIN Ponorogo. The journal is intended as a venue for open-minded to all people. Editor accepts writings of the results of conceptual thinking and research in the fields of law, Islamic law and social problems that have ...