<![CDATA[This study analyzes the concept of joint marital property (harta bersama) in Islamic family law in Indonesia, comparing the classical fiqh perspective, which maintains separate ownership between spouses, with the contemporary ijtihad found in the Compilation of Islamic Law (KHI). KHI employs the concept of syirkah abdan as a foundation for unifying assets to ensure family welfare, although it frequently faces implementation gaps in practice. This normative legal research finds that the distribution of joint property after divorce should not necessarily be rigid or equal, but must consider the actual contributions of each party, including domestic roles that are often overlooked. This study proposes a reconstruction based on maqashid sharia and the concept of family ownership (al-milkiyyah al-usariyyah) to achieve more gender-responsive justice. To bridge the gap formal justice, it is recommended to reformulate execution procedures through collaborative mediation models and the establishment of support service units involving interdisciplinary experts. This approach is expected to end rigid execution practices and protect the rights of vulnerable parties in family property disputes.]]>
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