Husband and Wife: Community or Separate Property: Presumption

1910 ◽  
Vol 8 (8) ◽  
pp. 680
Author(s):  
Nurul Maulidah ◽  
Thohir Luth ◽  
Iwan Permadi ◽  
Masruchin Ruba’i

This study aims to analyze the norms that all wives have the same rights over community property obtained since the marriage took place as the norm in Article 65 paragraph (1) letter c of Law number 1 of 1974 concerning Marriage. Therefore, this will get answers to the rights of each wife to community property in the division of community property in polygamous marriage. This research includes the type of legal research. The research method is based on the nature of legal science whose object is the norm. Legal research assesses legal norms so that it is normative. A man and woman before marriage each have complete rights to their property. After binding themselves to a marriage institution, there are norms governing their rights to property ownership. Community property in a marriage is realized by the effort of husband and wife; however, the capital can also come from separate property or gifts from each husband and wife which are manifested into property in marriage. Determination of community property in polygamous marriages is only based on marriage in which each wife can ignore the rights of another wife.


1984 ◽  
Author(s):  
Isabelle Arndt ◽  
A. Thomas McLellan ◽  
Charles P. O'Brien

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.


This article presents the case of Chatterley and Clifford, the two main characters in Lady Chatterley’s Lover, to consider tenderness a basic working emotion to shape human relationships. The lack of tenderness causes emotional as well as physical distance in relation, especially that of male-female’s relation. The first part of the article reviews tenderness. The second part reviews how tenderness and lack of tenderness affect a male-female relationship in the selected novel, Lady Chatterley’s Lover. On the basis of a careful analysis of Lady Chatterley’s Lover, the present writer tries to prove that the lack of tenderness is the main culprit for the broken relationship between husband and wife: a major one of the relations between man and woman in human society and mutual tenderness elicits people awakening to a new way of living in an exterior world that is uncracking after the long winter hibernation. Lawrence, through a revelation of Connie’s gradual awakening from tenderness, has made his utmost effort to explore possible solutions to harmonious androgyny between men and women so as to revitalize the distorted human nature caused by the industrial civilization. Key words: relationship, husband and wife, tenderness, main culprit, Connie


Author(s):  
Jennifer J. Smith

Chapter four turns to a more intimate form of affiliation than either nation or community: family. The period from the 1970s onward has produced the greatest concentration of cycles since modernism, because writers embraced the cycle to express the contingency of being ethnic and American. Family, rather than community or time, is the dominant linking structure for many of these cycles, reflecting how immigration laws placed family and education above country of origin. This chapter focuses on the role of family in the production and reception of Amy Tan’s The Joy Luck Club (1989), Julie Alvarez’s How the García Girls Lost Their Accents (1991), and Jhumpa Lahiri’s Unaccustomed Earth (2008). These cycles argue that subjectivity—and by extension gender and ethnic attachments—derives not only from biological relationships but also from “formative kinship,” which originates in shared experiences that the characters choose to value.


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