Kedudukan Harta Bersama Perkawaninan Poligami

Zunaidi, Arif (2018) Kedudukan Harta Bersama Perkawaninan Poligami. Mahakim, 2 (2). pp. 91-106.

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Abstract

Islam allows the marriage of more than one partner, provided that the husband can be fair and get permission from the frst wife. As a result of polygamous marriages, there is legal uncertainty about joint assets, both in the frst, second, third and fourth wives. The purpose of this paper is to fnd out the legal certainty of shared assets in polygamous marriages. The method used is a normative legal research method, using a regulatory approach, both Islamic law, Law Number 1 of 1974 and KHI. As a result, there is legal uncertainty especially for the frst wife based on the Compilation of Islamic Law, specifcally legal protection for the property with the wife brought in by her husband’s second marriage. According to Law No. 1 of 1974, each wife gets a second share, whereas according to Islamic law the status of a woman’s property does not change with the marriage.

Item Type:	Article
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012813 Nafaqah
Divisions:	Fakultas Ekonomi dan Bisnis > Jurusan Ekonomi Syariah
Depositing User:	Nurlaili Adkhi Rizfa Faiza
Date Deposited:	27 May 2021 04:47
Last Modified:	27 May 2021 04:47
URI:	http://repository.iainkediri.ac.id/id/eprint/363

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