Syariah: Jurnal Hukum dan Pemikiran
Vol 23 No 1 (2023)

Implications of Annulment of Marriage on the Distribution of Joint Assets according to the Compilation of Islamic Law and National Law

Nurunnisa Nurunnisa (University of Lambung Mangkurat)
Rahmida Erliyani (University of Lambung Mangkurat)
Gilang Fitri Hermawan (University of Lambung Mangkurat)
Yehia Mohamed Mostafa Abdelhadi (Assiut University)



Article Info

Publish Date
04 Jul 2023

Abstract

Marriage, marriage dissolution due to marriage annulment and joint property which must be divided because of marriage annulment is one of the things that must strictly regulated by the state, but in Indonesia is still not regulated concretely, giving rise to a legal vacuum. So, this research aims to find out how the legal arrangements regarding the settlement of the division of joint assets after the cancellation of marriage and to find out how the implications of the cancellation of marriage on joint assets according to the Compilation of Islamic Law and National Law. The results are that first, the Compilation of Islamic Law and National Law cannot become the norm governing the distribution of joint assets if a marriage annulled. Second, there are no legal consequences for shared assets after the annulment of the marriage, but the ownership rights to the assets that have been mixed must be divided fairly between the parties. So that there must be codified arrangements so that there is no legal vacuum which can lead to multiple interpretations and in conducting marriages it would be better to make a marriage agreement to separate assets.

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Journal Info

Abbrev

syariah

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Syariah specializes on Law and Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related ...