Settlement of Joint Property Disputes Resulting from Divorce in the Religious Courts

Abstract

The aim of this research is to analyze and find a fair resolution of joint property disputes resulting from divorce in the Religious Courts. The research method used is sociological legal research. This research uses primary data and secondary data. Data collection techniques through literature study, interviews and questionnaires. The collected data was analyzed qualitatively. The results of the research found that the current distribution of joint assets as a result of divorce is not fair, namely Article 97 of the Compilation of Islamic Law, namely that divorced widows or widowers are each entitled to half of the joint assets as long as it is not specified otherwise in the marriage agreement. Fair resolution of joint property disputes resulting from divorce in the Religious Courts is that the distribution of joint property resulting from divorce is carried out casuistically based on contributions taking into account the benefit and prosperity. Settlement of joint property disputes resulting from divorce is based on the orientation of the distribution which is solely for the interests, benefit and benefit of those concerned, on the other hand, certain situations and conditions which can harm the interests and welfare and endanger one of the parties must be avoided. So it is necessary to reconstruct the law, especially Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law.

Keywords: Settlement, Dispute, Joint Property, Marriage:

DOI: 10.7176/JLPG/141-01

Publication date: April 30^th 2024