Analisis Pembagian Harta Bersama Dalam Perkawinan Islam (Studi Pada Pengadilan Agama Kota Pekanbaru Tahun 2021)

Rahmadhani, Agita Putri (2022) Analisis Pembagian Harta Bersama Dalam Perkawinan Islam (Studi Pada Pengadilan Agama Kota Pekanbaru Tahun 2021). Other thesis, Universitas Islam Riau.

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Abstract

The author is interested in taking the title Analysis of Shared Property Distribution in Islamic Marriages (Study at the Pekanbaru City Religious Court in 2021). In this case, the author observes how the judge's consideration in the decision on the distribution of joint property according to Islamic law, so that the formulation of the problem in this study is as follows: 1. How is the distribution of joint property in Islamic marriages. 2. What is the view of Islamic law on the judge's considerations regarding the distribution of joint property after divorce. The research method that the author uses is library research, namely research by collecting data from books, legislation, and writings related to research with data collection tools using interview techniques. The place of this research is the Pekanbaru Religious Court on Jl. Datuk Setia Maharaja Jl. Parit Indah, Tengkerang Labuai, Kec. Bukit Raya, Pekanbaru City, Riau. The results of this study are husband and wife who have been officially divorced have the same rights to joint property, with an equal distribution between the two or based on an agreement between the two. The judge's consideration in adjudicating cases regarding the distribution of joint assets refers to Article 35 paragraph (1) of Law Number 1 of 1974. Most respondents do not know about joint assets, but know about the mixing of assets, most of the respondents also stated that in joint assets there are inheritance from their parents but there is an agreement about the assets of the parents' inheritance. Respondents stated that the reason for resolving disputes in the Religious Courts was so that problems could be resolved fairly, but stated that if possible they would prefer the peaceful method, but did not know about the rules regarding the peaceful method in joint property cases. Respondents stated that the peace efforts made by the parties to the dispute were maximal and were willing to use mediation in resolving joint property cases and were willing to continue to follow the mediation process in the distribution of this joint property. The mediation process has been effective in solving problems, in resolving cases of distribution of property the respondent requires the services of a lawyer. Most of the results of this mediation were declared failed and the cause of the failure of the mediation process was largely due to differences in principles between the litigants. If the mediation process fails, the respondent chooses to continue the trial according to the main case, but there are also those who choose to conduct family deliberations.

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