POSITION OF JOINT PROPERTY IN POLYGAMOUS MARRIAGES REVIEWED IN THE MARRIAGE LAW AND THE COMPILATION OF ISLAMIC LAW

This research highlights the legal complexity related to the division of joint assets in marriage, both in the context of monogamy and polygamy, with a focus on the provisions of Article 35 paragraph 1 of Law No. 1 of 1974 and Article 65 paragraph (1) point (b) of Law No. 16 2019. Through a normative juridical approach and analytical descriptive methods, this research examines how assets obtained during marriage are recognized as joint assets without considering individual contributions, as well as the implications of the division of assets in polygamous marriages where each wife is entitled to a fair share according to Islamic law. Implementation of this law requires in-depth understanding and consistent enforcement from the relevant parties to ensure justice and harmony within the family.Keywords: Joint Property, Polygamy, Islamic Law

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Publication Details

Journal
JURNAL ILMIAH ADVOKASI
Published
2025-04-13
DOI
https://doi.org/10.36987/jiad.v13i1.6132
Primary Topic
Marriage and Sexual Relationships
Type
article
Field-Weighted Citation Impact
0.00
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article

POSITION OF JOINT PROPERTY IN POLYGAMOUS MARRIAGES REVIEWED IN THE MARRIAGE LAW AND THE COMPILATION OF ISLAMIC LAW

Lia Amalia, Muhamad Abas, Okky Faitzal Fiqrie
JURNAL ILMIAH ADVOKASI
Marriage and Sexual Relationships
article

POSITION OF JOINT PROPERTY IN POLYGAMOUS MARRIAGES REVIEWED IN THE MARRIAGE LAW AND THE COMPILATION OF ISLAMIC LAW

Lia Amalia, Muhamad Abas, Okky Faitzal Fiqrie
article en

Abstract

This research highlights the legal complexity related to the division of joint assets in marriage, both in the context of monogamy and polygamy, with a focus on the provisions of Article 35 paragraph 1 of Law No. 1 of 1974 and Article 65 paragraph (1) point (b) of Law No. 16 2019. Through a normative juridical approach and analytical descriptive methods, this research examines how assets obtained during marriage are recognized as joint assets without considering individual contributions, as well as the implications of the division of assets in polygamous marriages where each wife is entitled to a fair share according to Islamic law. Implementation of this law requires in-depth understanding and consistent enforcement from the relevant parties to ensure justice and harmony within the family.Keywords: Joint Property, Polygamy, Islamic Law

JURNAL ILMIAH ADVOKASIVol. 13(1)
Openalex Percentile: Top 90%
Marriage and Sexual Relationships
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POSITION OF JOINT PROPERTY IN POLYGAMOUS MARRIAGES REVIEWED IN THE MARRIAGE LAW AND THE COMPILATION OF ISLAMIC LAW — Lia Amalia, Muhamad Abas, et al. · JURNAL ILMIAH ADVOKASI (2025) | TGRS Research Map | TGRS