Pembagian Harta Bersama dalam Perkawinan Menurut Perspektif Hukum Islam: Tinjauan Terhadap Putusan Hakim (Aspek Teori dan Implementasi Praktis)

Abstract

The purpose of marriage is to form a family that is harmonious, full of love and blessings. One of the consequences of divorce is the division of joint assets, which can be a source of conflict if both parties cannot resolve it peacefully. Therefore, the presence of a third party, such as the Religious Court, is required as mediation. The Religious Court is an institution tasked with enforcing Islamic law regarding marriage, inheritance, wills and gifts. Judges, as implementers of legal decisions, are influenced by internal factors, such as knowledge and emotions, as well as external factors, such as evidence and legal considerations. Objective decisions are based on facts and legal considerations, with the Panel of Judges having adequate knowledge of the case. The distribution of joint assets in the Religious Courts does not only follow the rules in the Compilation of Islamic Law, such as half the assets for each party, but can also take other alternatives according to the decision of the Panel of Judges. Thus, Religious Courts reflect the complexity of society and the need for law enforcement in accordance with Islamic principles in the context of marriage and divorce.