Hak Istri Kedua Terhadap Harta Bersama Studi Komparatif Kompilasi Hukum Islam Dan Hukum Perdata B.W

Authors

  • Rabiatul Hidayah STAI Mempawah

Keywords:

Second Wife, Joint Assets, Compilation of Islamic Law, Civil Law B.W

Abstract

Joint assets are assets that are jointly acquired in marriage. This means that the assets obtained during the grace period between the time of the inauguration of the marriage until the marriage is broken, either due to divorce or death. Joint property does not only exist in monogamous marriages but also in polygamous marriages, joint property is very influential on welfare in the household. If the distribution of joint property is unfair, especially in polygamous marriages, it will certainly result in the absence of harmony in the household after the divorce.

The concept of marital property in the Qur'an and Hadith consists of two aspects, namely maintenance and dowry. The concept of the formation of joint property in marriage has never been explained in the Qur'an and Hadith.

The concept of the formation of joint property is due to the concept of syirkah between husband and wife, namely syirkah abdan (cooperation in labor) and syirkah mufawadhah (cooperation in capital).

The right of the second wife in the KHI to joint property in the event of a divorce is half of the joint property, while according to Civil Law B.w, the rights of the second wife as regulated in article 181 of the Civil Code

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Published

07-11-2022

How to Cite

Rabiatul Hidayah. (2022). Hak Istri Kedua Terhadap Harta Bersama Studi Komparatif Kompilasi Hukum Islam Dan Hukum Perdata B.W. Fafahhamna, 1(1), 33–51. Retrieved from http://jurnal.staimempawah.ac.id/index.php/fafahhamna/article/view/14

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Articles