ISLAMIC LAW RULES AS JUDGMENT GUIDELINES FOR JUDGES IN DECIDING MARITAL PROPERTY DISPUTES DUE TO DIVORCE
Dublin Core
Title
ISLAMIC LAW RULES AS JUDGMENT GUIDELINES FOR JUDGES IN DECIDING MARITAL PROPERTY DISPUTES DUE TO DIVORCE
Subject
Islamic Law, Judges, Shared Assets, Divorce
Description
Law number 1 of 1974 about marriage defining shared assets is assets acquired during marriage. If the event of a divorce then based on the provisions of Article 97 Compilation of Islamic Law (KHI) shared assets will be divided in half, half for husbands and half for wives. The decision is felt fair if the husband and wife share the same in the household where the husband and wife carry out their duties and functions. But if one of the parties does not carry out their respective functions and duties, does the judge still use the provisions of article 97 KHI in deciding the shared assets dispute.
To find answers to these problems the author uses a normative juridical research method using three approaches namely case approach, legislative approach and comparative approach.
The results of this study indicate the judge in making decisions based on the facts of the trial. if ad trial it can be proven that the shared assets are obtained from a balanced contribution from both parties then there is no peace, the shared assets will be divided based on the provisions of Article 97 KHI. However, if the shared assets wife are greater than the husband's contribution, then the shared assets are not divided according to the provisions of Article 97, where the wife gets a greater share of the husband. In the decision the judge has guided the rules of Islamic Law as contained in the Quran Surat An-Nisa Ayat 32.
To find answers to these problems the author uses a normative juridical research method using three approaches namely case approach, legislative approach and comparative approach.
The results of this study indicate the judge in making decisions based on the facts of the trial. if ad trial it can be proven that the shared assets are obtained from a balanced contribution from both parties then there is no peace, the shared assets will be divided based on the provisions of Article 97 KHI. However, if the shared assets wife are greater than the husband's contribution, then the shared assets are not divided according to the provisions of Article 97, where the wife gets a greater share of the husband. In the decision the judge has guided the rules of Islamic Law as contained in the Quran Surat An-Nisa Ayat 32.
Creator
Universitas Muhammadiyah Bengkulu
Source
Betra Sarianti, Susyanto
Publisher
Universitas Muhammadiyah Bengkulu
Date
2019/02/14
Contributor
Betra Sarianti, Susyanto
Program Studi Ilmu Hukum FH Universitas Muhammadiyah Bengkulu
Program Studi Ilmu Hukum FH Universitas Muhammadiyah Bengkulu
Language
English
Citation
Universitas Muhammadiyah Bengkulu, “ISLAMIC LAW RULES AS JUDGMENT GUIDELINES FOR JUDGES IN DECIDING MARITAL PROPERTY DISPUTES DUE TO DIVORCE,” Repository Universitas Muhammadiyah Bengkulu, accessed April 26, 2024, http://repo.umb.ac.id/items/show/35.