Legal Review Of The Division Of Joint Property The Consequences Of Divorce According To Compilation Of Islamic Law

Division, Joint Property, Divorce

Abstract

Although the Marriage Law generally stipulates equal division, the KHI provides a basis for ijtihadiyah which allows for different divisions based on contributions.. The regulation of divorce according to Islamic law and the Compilation of Islamic Law is makruh (forbidden). Divorce is permitted on the basis that its benefits outweigh its harms. However, divorce is a permissible act that Allah hates, so it is best avoided through various preventative measures, as emphasized in Indonesian legislation.The division of joint assets in the view of Islamic law and positive law is generally divided equally between husband and wife