
Reformulation of the Status and Legal Position of Wives in the Concept of Joint Marital Property in the Islamic Inheritance System
Author(s) -
Muhyidin Muhyidin
Publication year - 2019
Publication title -
international journal of recent technology and engineering
Language(s) - English
Resource type - Journals
ISSN - 2277-3878
DOI - 10.35940/ijrte.d8492.118419
Subject(s) - wife , inheritance (genetic algorithm) , property (philosophy) , islam , sharia , legal fiction , law , housewife , economic justice , family law , sociology , position (finance) , political science , business , geography , biochemistry , chemistry , philosophy , archaeology , epistemology , gene , finance
The focus of this research study is Reformulation of the Position of the Treasure of Wife Search. The focus of this study is important because, in national regulations included in the compilation of Islamic law the assets obtained in marriage become common property, so that whenever there is divorce or death each gets a half share. In Law No. 1 of 1974, concerning Marriage, specifically concerning people who are Muslim, it is regulated in the Compilation of Islamic Law (KHI), looking at shared assets as assets produced in marriage. Here it is not questioned whoever looks for it. Marriage is seen as the composition of the Rights and Obligations of husband and wife who each have different duties from each other. In principle, the husband is obliged to seek and provide a living for his family, and the wife is obliged as a housewife, caring for children and so on. On the basis of this composition, the assets acquired in marriage become joint assets. Ironically, in the reality of life in society, many wives work for a living, so it is interesting to study different proportions in the distribution of property, for example divorce. While the law is rigid, each gets half the portion. This composition is the basis of a sense of justice, so the need for reformulation leads to a balance shifting to the wife, that is, the wife has more rights than the assets.