Harta Gono Gini Menurut Islam

Abstrak

The purpose of this research is to understand the procedure for determining joint property between husband and wife based on the perspective of Classical Fiqh and the Compilation of Islamic Law (KHI). This research employs a comparative quantitative method. The results indicate that Classical Fiqh does not place much emphasis on joint property because its procedure is clear. It starts with the separation of property between husband and wife from the beginning of the marriage, so in the event of separation due to the death of one spouse, the property is automatically divided according to inheritance rules. Meanwhile, if the separation occurs due to divorce, each spouse knows the value of their respective property. This is different from the provisions of KHI, which automatically considers all property acquired since the marriage as joint property. In the event of divorce, the property is evenly divided unless there is a prior agreement. The same applies when separation occurs due to death.