The Essence of Property Obtained Between Husband and Wife during Marriage

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife, having the purpose of establishing happy and lasting family founded on the belief in God Almighty. it is 3 (three) marriage aspects regarding the Islamic Law – namely legal, social, and religious aspects. A man and a woman who bond to a marriage as a husband and a wife has rights to decide upon the marriage with divorced way based on the divorce law. However, either man or woman must have its own legal reasons to divorce and must be conducted in front of the Court after the Court has failed to peace the parties. In the Law on Marriage and the Compilation of the Islamic Law, the concept of sharingcommunity property is husband and wife respectively has rights equally (50 : 50) out of the community property when it is dissolved divorce or death. The concept of the community property will be different to the concept of livelihood property as governed into the Law on Marriage and the Compilation of the Islamic Law. The concept of livelihood is the giving of the husband to the wife during the marriage in form of “material property” to fullfill the wife’s needs in which the property is not the community property and the property then will become the own of the wife.

Keywords: Property, Husband-Wife,Marriage.