Ahkam: Jurnal Ilmu Syariah
Vol 17, No 2 (2017)

KONSEP PEMBAGIAN HARTA BERSAMA BERDASARKAN KONTRIBUSI DALAM PERKAWINAN

Muhamad Beni Kurniawan (University of Indonesia, Graduated Bachelor of Syariah Law from UIN Jakarta)



Article Info

Publish Date
05 Jul 2017

Abstract

This article describes marital property issues. How to devides marital property that can give justice to the parties. Becaused of that, this article provides a concept that can give justice to the parties ie marital property’s dstribution based on contributions in marriage. This concept is regarded more fair than the concept that provided by KHI. This study also gives religious court’s judges opinion about the concept of marital property’s distribution based on contributions in marriage. This article concludes that the conceptof marital property’s distribution based on contributions in marriage is thed istribution of marital property by assessment the contribution of the parties.In marital properties cases, if one party gives more contribution than the others, The judge can do contra legem. So that in casuistic, The distribution must not be 50% maybe the widower get 25% and the widow get 75% depend on their contributions. DOI: 10.15408/ajis.v17i2.4741

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Journal Info

Abbrev

ahkam

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus and Scope FOCUS This journal focused on Islamic Studies and present developments through the publication of articles and research reports. SCOPE Ahkam specializes on islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes ...