Akibat Hukum Perceraian Terhadap Harta Perkawinan Ditinjau Dari Hukum Islam Dan Undang-Undang Nomor 1 Tahun 1974

Nurani, Elok Putri (2019) Akibat Hukum Perceraian Terhadap Harta Perkawinan Ditinjau Dari Hukum Islam Dan Undang-Undang Nomor 1 Tahun 1974. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

Divorce is the breakup of the bond between husband and wife who are married because of problems regarding the relationship of husband and wife who have not been able to save their household. Islam regulates a lot about divorce, in Islamic law the term divorce is divorce which means removing ties. The history of Abudaud and Ibn Majah from Ibnu Umar, where the Prophet Muhammad said that something lawful or permissible that God hates is talak. According to Islamic law the marriage was broken because of death and due to divorce (Thalak, khuluk, fasakh, aibat syiqaq and violation of ta'lik talak), the divorce that the husband can bring to his wife is talak one, two divorces, and triple divorce, the method of dropping is verbally, with signs for mute people or with writing. In divorce, what is often disputed besides child custody is about property, because village people in particular still consider assets not important to share after marriage, but later after there are household problems and they divorce they will dispute their husband's inheritance and the assets they get together after marriage occurs. According to the Marriage Law, if a marriage is terminated, divorce has legal consequences for the child, and joint assets. The legal effect on children is that if there is a divorce, then both parents are still obliged to maintain and educate their children, solely based on the interests of the child, if there is a dispute regarding the control of children, the court gives its decision. The legal consequences of joint assets are regulated according to their respective laws, namely religious law, customary law or other law. As a result of this joint property or divorce property the Marriage Law gives to the divorced parties about which law and what law to consider according to a reasonable sense of justice.

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