PEMBAGIAN HARTA BERSAMA (Studi Analisis Pasal 97 Kompilasi Hukum Islam Dalam Persepktif Maqashid Syariah)
Abstract
Provisions divided equally regarding the distribution of joint assets are often generally applied in accordance with the provisions of article 97 of the Compilation of Islamic Law. The resulting decision does not provide a sense of justice to the parties. This research is normative in nature with a substantive analysis approach to the provisions of article 97 KHI. The results of the study show that the distribution of joint assets is regulated (regelen) not coercive (dwingon). In certain cases, this provision can be deviated by contextualizing it through the maqashid sharia approach to the substance of the case. The magnitude of the contribution of one of the parties to the acquisition of joint assets and commitment to the sacred vows of marriage is a modifier element ('illat Hukum) in cases of distribution of joint assets
Moraref