Settlement of Common Property after Divorce in the Sharia Court in Aceh, Indonesia
Journal Title: International Journal of Humanities and Social Science Invention - Year 2017, Vol 6, Issue 11
Abstract
This study aims to descriptively explain the settlement process of common property after divorce in the Sharia Court in Aceh, Indonesia. Apart from collecting data from the relevant documents, interviews were conducted with respondents consisting of Judges of the Sharia Court, the Governing Council of Custom (Adat) of Aceh, and the Head of the Ulama Consultative Assembly in Aceh. This study found that the settlement of common property at the Custom Assembly in Aceh is commonly settled through consultation and consensus on the basis of voluntary without coercion. The legal basis of the decision-making is the ruling clerics in analogy to the law of inheritance (faraidh) that is two portions for husband and one portion to wife. According to the Custom Assembly of Aceh and Ulama Council, wife or husband who is nusyuz [a wife (husband) unreasonably refuses to obey the lawful wishes or commands of her husband (wife)] lost their property rights or reduced their part. The method of property settlement must be on the basis of mutual benefit, thus it is advisable that to avoid the conflict, the premarital agreement relating to the property should be agreed upon. According to the Law No. 1 of 1974 and Compilation of Islamic Law (KHI), the settlement of common property should be divided equally between the husband and wife, regardless of nusyuz. The different decision of the judges to the Law was simply due to the judges’ interpretation of Article 37 of the Marriage Act, which states that "When the marriage broke up because of divorce, the common property is governed by the each law". Besides, the judges take into the consideration of the benefit, local wisdom, and cultural life of Acehnese when making the judgements.
Authors and Affiliations
Abd. Manaf, Rusydi Ali Muhammad, Pagar . , Zulkarnaini .
Keywords
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