Legal Construction of the Division of Marriage Assets Due to Divorce in Islamic Law Perspective

Abstract

This study aims to determine the ambiguity of the distribution of marital assets due to divorce and the concept of distribution of marital assets due to divorce in the perspective of Islamic law. The findings of the study: 1) The ambiguity of the concept of sharing the assets of marriage between husband and wife who is Muslim when the marriage ends in the Marriage Law in the perspective of justice and legal certainty is contained in the provisions of Article 31, Article 35 and Article 36 of Law Number 1 of 1974 and the amendments to Law Number 16 of the Year 2019 Regarding Marriage,it is also KHI that husband and wife have equal rights and positions, where both husband and wife are understood to have the same rights. Also Article 157 KHI in conjunction with Articles 96 and 97 Article 97 KHI that a widow or divorcee is entitled to one half of the joint property as long as the marriage agreement is not determined otherwise, but in practice the settlement of the judge's decision is based on the characteristics of the case so that it allows for a different decision on the case. The same so that it reflects more on social justice where the concept of justice is not guaranteed to be the same but rather is adjusted (different) to the capacity of each husband or wife.