المال المشترك بين الزوجين بعد الطلاق في قانون الأحوال الشخصية الإندونيسي : دراسة فقهية تحليلية

Abstract

Most financial rights of spouses are clear in the Noble Qur’an and the Sunnah of the Prophet, but in Indonesia there is a financial right for spouses not mentioned in the Qur’an or the Prophetic hadiths which is “joint-money between spouses” known in the Indonesian language as (Harta Gono Gini) which is the money acquired by spouses during their marriage period. This is regulated and applied in the Personal Status Law No. (97) of 1974 AD, “Janda atau duda cerai hidup masing-masing berhak seperdua dari harta bersama sepanjang tidak ditentukan dalam perjanjian perkawinan.” ”It was mentioned in this law that the money shared after divorce must be divided by half unless their rights are mentioned in the marriage document”. This research aims to know what Islamic Law has agreed and has not agreed to this law with the analysis. This research contains four chapters, the first chapter deals with a research plan and its general structure and the second chapter deals with defining the right of shared-money between spouses within Islamic Jurisprudence and the Indonesian Law of Personal Status, and the third chapter deals with description of the divorced woman right to money acquired during the marriage period in Islamic jurisprudence and the Indonesian Personal Status Law, along with mentioning types of divorce and its effect on dividing shared-money between spouses and details of financial rights of the divorced woman. The fourth chapter covers methodology used in dividing both spouses rights in the shared-money in Islamic Jurisprudence and the Indonesian Personal Status Law. The researcher used analytical method and comparative method after inductive approach method by collecting information and concepts related to the topic, where it will cover the discussion on the issue and analyze them accordingly, then present similar and different definitions contained between the concept of shared-money in the Islamic Jurisprudence and the Indonesian Personal Status Law with mentioning sayings and opinions of the jurists on the subject matters to be compared with the Indonesian Personal Status Law. As for the result, it is the knowledge of what Islamic Jurisprudence agreed and what contradicts it with the Indonesian Personal Status Law in the book KHI No. 97