Logo
International Journal of
Law
ARCHIVES
VOL. 9, ISSUE 2 (2023)
Transfer of joint property in a polygamy according to the compilation of Islamic law
Authors
Aulia Nahla Indah, Imam Jauhari, Zahratul Idami
Abstract
The rules regarding joint property in a marriage are listed in chapter XIII of the Compilation of Islamic Law (KHI). These rules refer to marriages with the principle of monogamy, but regarding joint property in a polygamous marriage, the rules are not much different from monogamous marriages. The facts that occur in the transfer of common property in polygamous marriages that occur in society are mostly not following the rules determined by the government. This study aims to explain the transfer of common property in polygamous marriages based on the Compilation of Islamic Law (KHI), the transfer of common property in polygamous marriages that occur in the community is not following applicable regulations and the legal consequences of the transfer of common property in polygamous marriages without the consent of one of the wives. The method used by the author in this research is an empirical juridical method where the approach uses a case approach. The data sources used by the author are primary data in the form of interviews with Geuchik Gampong, Religious Affairs Office Staff (KUA), Makamah Syar'iyah Staff, and other related parties in polygamous marriages. While secondary data is obtained from laws, books, and other literature related to this research. In Article 94 paragraph (1) of the Compilation of Islamic Law (KHI) it is stated that "The joint property of a marriage of a husband who has more than one wife, each separate and independent". Furthermore, in paragraph (2) it is stated that "the ownership of joint property from the marriage of a husband who has more than one wife as mentioned in paragraph (1), is calculated at the time of the second, third, and fourth marriage contracts." then in Article 96 paragraph (1) of the Compilation of Islamic Law (KHI) explains that if the breakdown of marriage due to the death of one of the parties, the joint property left behind becomes the right of the spouse who lives longer. Furthermore, in Article 97 of the Compilation of Islamic Law (KHI) it has been explained that if the breakdown of marriage is due to divorce, the widow/widower is entitled to each half of the amount of joint property as long as this is not determined otherwise in the marriage agreement. This research uses the empirical juridical method. The results showed that the provisions regarding the transfer of joint property in polygamous marriages have been regulated in the Provisions of Islamic Law, namely in Articles 85 to 97 of the Compilation of Islamic Law (KHI). Based on the rules outlined in the Compilation of Islamic Law (KHI), it is concluded that each wife gets ½ share of the joint property that exists during the marriage. In this case, the first wife's share will be greater than the second wife's share, and so on. The property obtained by the husband during the marriage bond with the first wife is joint property owned by the husband and the first wife. Meanwhile, the property obtained by the husband during the marriage bond with the second wife and during that time the husband is still married to the first wife, then the property is joint property belonging to the husband, first wife, and second wife. This is also the case with the second marriage if the husband marries the third and fourth wives. However, in the facts that exist in the community, the transfer of joint property in polygamous marriages is still carried out not by applicable regulations, this is due to the lack of understanding of law and religion for each party If there is a transfer of joint property without the consent of one of the wives, it is considered null and void.
Download
Pages:36-40
How to cite this article:
Aulia Nahla Indah, Imam Jauhari, Zahratul Idami "Transfer of joint property in a polygamy according to the compilation of Islamic law". International Journal of Law, Vol 9, Issue 2, 2023, Pages 36-40
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.