Liability of Community and Separate Property for Contracts of Husband and Wife

1934 ◽  
Vol 22 (5) ◽  
pp. 554
Author(s):  
Juliet Blumenfeld
Keyword(s):  
Separate Property ◽  
Husband And Wife

scholarly journals The Rights of Each Wife in the Division of Community Property in Polygamous Marriage According to Law Number 1 Of 1974 Concerning Marriage

2019 ◽  
Vol 6 (1) ◽  
pp. 355
Author(s):  
Nurul Maulidah ◽  
Thohir Luth ◽  
Iwan Permadi ◽  
Masruchin Ruba’i
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Property Ownership ◽  
Legal Norms ◽  
Polygamous Marriage ◽  
Legal Science ◽  
Community Property ◽  
Separate Property ◽  
Husband And Wife

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.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

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.

Lack of Tenderness: The Main Culprit for the Relationship between Husband and Wife in Lady Chatterley’s Lover

2017 ◽  
Keyword(s):  
Careful Analysis ◽  
Physical Distance ◽  
Human Society ◽  
Human Relationships ◽  
Main Culprit ◽  
Industrial Civilization ◽  
Lady Chatterley's Lover ◽  
The Relationship ◽  
Winter Hibernation ◽  
Husband And Wife

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

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

PERJANJIAN PERKAWINAN; ASAS KESEIMBANGAN DALAM PERKAWINAN

2020 ◽  
Vol 6 (1) ◽  
pp. 125-137
Author(s):  
Puji Kurniawan
Keyword(s):  
Public Order ◽  
General Rules ◽  
Husband And Wife

A marriage agreement is an agreement between a prospective husband and wife to regulate matters that are mutually agreed upon especially regarding assets in their marriage, provided that they do not conflict with law, decency and public order, and pay attention to general rules relating to the prohibition of the contents of the marriage agreement. This is in accordance with the principle of balance that we can find in the legislation.

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