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Nur Khoirin, Nur
IAIN Walisongo, Semarang
Religion Arts Humanities Education

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Marriage Treasure Ownership in Arabic and Nusantara Fiqh Perspectives Khoirin, Nur
ADDIN Vol 12, No 2 (2018): Addin
Publisher : LPPM IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/addin.v12i2.4543

Abstract

One of the problems that often arise after the divorce is the ownership of assets acquired during marriage, whether it belongs to the husband, wife, or both of them. According to the Compilation of Islamic Law or the fiqh of the results of ijtihad fuqaha Nusantara, the assets obtained in marriage, except those obtained through inheritance or grants from parents/family, are joint property of husband and wife (gono gini). One party may not use it except getting agreement from the other parties. And if marriage breaks, either because of divorce or death, then it must be divided into two. In the books of Arabic Fiqh, there is no joint property because marriage does not cause a mixture of wealth. Nonetheless, in the books of fiqh provides the possession of wife's assets, such as dowry, livelihood, mut'ah, iwadl and tirkah. If the provision of fiqh is carried out consistently, then when a divorce occurs, the husband must leave the house, because all the property has become the property of his wife through a way of life. But this is certainly not fair. Therefore the determination of the existence of joint property in marriage is a moderate opinion and a benefit.
MENYOAL IZIN POLIGAMI BAGI PNS Khoirin, Nur
Yinyang: Jurnal Studi Islam Gender dan Anak Vol 5 No 2 (2010)
Publisher : Pusat Studi Gender dan Anak (PSGA) IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2479.404 KB)

Abstract

polygamy is restricted opportunities (especially for civil servants) are used based on the number of cases of irregularities andimbalances polygamous family. As polygamy was illegal, the outbreak of the household, the absence of economic security and justice,oppression of women, and displaced children. However, the regulations concerning polygamy (UUP-1/1974, PP-9/1975, and PP-10/1983)are relatively obsoloete. Therefore, it is questionable again, if the rules are restrictive and prohibit polygamy still relevant and should continueto be enforced? Is not it considered contrary to human rights because the government is too far away to intervene in the private sphere? Ispolygamy still considered socially deviant acts, or exactly the opposite of polygamy is a laudable behavior to avoid deviant behavior?Polygamy is the unalienable right of every person who should be protected and fairly distributed. Laws that conflict with basic human instinctwould not be effective running, and if enforced would cause bad effects and aberrations
Marriage Treasure Ownership in Arabic and Nusantara Fiqh Perspectives Khoirin, Nur
ADDIN Vol 12, No 2 (2018): Addin
Publisher : LPPM IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/addin.v12i2.4543

Abstract

One of the problems that often arise after the divorce is the ownership of assets acquired during marriage, whether it belongs to the husband, wife, or both of them. According to the Compilation of Islamic Law or the fiqh of the results of ijtihad fuqaha Nusantara, the assets obtained in marriage, except those obtained through inheritance or grants from parents/family, are joint property of husband and wife (gono gini). One party may not use it except getting agreement from the other parties. And if marriage breaks, either because of divorce or death, then it must be divided into two. In the books of Arabic Fiqh, there is no joint property because marriage does not cause a mixture of wealth. Nonetheless, in the books of fiqh provides the possession of wife's assets, such as dowry, livelihood, mut'ah, iwadl and tirkah. If the provision of fiqh is carried out consistently, then when a divorce occurs, the husband must leave the house, because all the property has become the property of his wife through a way of life. But this is certainly not fair. Therefore the determination of the existence of joint property in marriage is a moderate opinion and a benefit.
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