Division of Joint Property According to the Compilation of Islamic Law

Abstract

One of the efforts to reform family law in modern Muslim countries, including Indonesia, is to evaluate various provisions of classical Islamic law that are considered no longer appropriate to social conditions and the needs of the changing times. Among the results of this evaluation is the issue of jointly owned property in marriage. The requirements of joint property between married spouses are not governed by Islamic law or traditional fiqh literature. The combining of assets gained during a marriage into the husband and wife's property, regardless of who contributed or whose name the property is recorded in, is referred to as joint property. All assets obtained are still regarded as joint property even if only one partner—the husband or wife—works. The joint property may be used by the husband and wife. The property must be shared equally in the event of a divorce or death. The consolidation of the husband and wife's assets into joint property under Indonesian law is believed to be rooted in practices that have long been known and carried out in the daily lives of the Islamic community in Indonesia