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Title: الأموال المشتركة بين الزوجين في كتاب مدونة الأحكام الأسلامية بأندونيسيا"KHI Indonesia" وقانون الأحوال الشخصية بسيلانجور"EUKI Selangor" (دراسة شرعية قانونية مقارنة)
Authors: Muhammad Yasin
Keywords: divorce
Issue Date: 2018
Publisher: Universiti Sains Islam Malaysia
Abstract: The issue of ownership of the husband’s and wife’s livelihood property will end if the death, divorce or nusyuz between husband and wife. This study is very important, because this is a problem that often happens in the life of the household, especially when there is a death or life divorce between them. Besides, the livelihood of the husband and wife has a part of other rights, and this makes imperfect property ownership before the rights of property is given to the rightful person. The purpose of this study is to find the provisions of fiqh on the common property of husbands and wife, as well as to know the expertise of sharia in the division of joint property of husband and wife, also to find out the extent of sharia expertise is practiced in the Indonesian Islamic Law Compilation (KHI Indonesia) and the Selangor Islamic Family Enactment (EKUIS).This study is analysis and comparative among the Indonesian Islamic Law Compilation and the Selangor Islamic Family Enactment. The study revealed; that the provisions of fiqh have a strong linkage with the issue of joint matrimonial property as defined in the Indonesian Islamic Law Compilation and the Selangor Islamic Family Enactment. As for the concept of joint matrimonial property on the law that is based on the principle of local customs in family life ‘al-urf’.As established by Shariah regarding the division of the joint matrimonial property, the legislation has also recognized those standards, this all can to be known through the provisions of law in the Islamic Law Compilation of Indonesia and the Islamic Family Law Enactment of Selangor that has been applied in Shariah courts.
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