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VOL. 8, ISSUE 4 (2022)
Formulation of provisions of joint assets of husband and wife in the Indonesian legal system
Authors
Ghazi Thahri, Syahrizal Abbas, Zahratul Idami
Abstract
The purpose of research and writing this article is to know the basis for the accomodation of joint assets in the Law Number 1 of 1974 on Marriage and the suitability of the provisions of joint assets regulated by laws and regulations with the Qur’an and hadith as well as the rules of argument in Islam. This research uses normative legal research or library research type, study the object of legal research in the form of legal principles, legal rules in terms of values, and laws and regulations. The main legal material is in the form of rules called secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The results showed the assets brought by the husband into the household did not necessarily become joint assets. Many hadiths show that Islam stipulates the concept of separation of assets of between husband and wife. The application of the concept of joint assets that applies in the society can overhaul some of the provisions that have been clearly regulated in Islam regarding the distribution of inheritance. Efforts to ijtihad the concept of joints assets so that it can be affirmed Indonesian fiqh need to be revisited. It is recommended to review the concept or arrangement of joint assets in the Indonesian legal system that is applied to the muslim society. Harmonization between Islamic law and customary law regarding joint assets can be done without clashing it with the arguments of the shari’a. Husband and wife can still have joint assets in the household, namely combined assets from the results of the two of them.
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Pages:145-148
How to cite this article:
Ghazi Thahri, Syahrizal Abbas, Zahratul Idami "Formulation of provisions of joint assets of husband and wife in the Indonesian legal system". International Journal of Law, Vol 8, Issue 4, 2022, Pages 145-148
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