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  1. Home
  2. USIM Journals
  3. Journal of Fatwa Management and Research (JFatwa) Years currently covered by Scopus:from 2021 to 2025
  4. Status 'Akad Nikah Terhadap Sumbangan Pemilikan Harta Sepencarian Antara Pasangan Suami Isteri menurut Perspektif Syariah
 
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Status 'Akad Nikah Terhadap Sumbangan Pemilikan Harta Sepencarian Antara Pasangan Suami Isteri menurut Perspektif Syariah

Journal
Journal of Fatwa Management and Research (JFatwa)
Date Issued
2021-04
Author(s)
Akli Ahmad
Rohani Desa
DOI
10.33102/jfatwa.vol24no2.353
Abstract
'Akad nikah' is a 'syar'ie contract' which binds married relationships as a bond that stipulates some of the rights that their spouses must fulfill either physical and inner maintenance (nafkah) of wife. The ruling of this maintenance is obligatory to be adorned according to the rates and conditions set by syara'. However, the maintenance rate varies between an individual and another. It is based on the individual capabilities of the giver and the individual position of the recipient. Some maintenance rates are referring to the 'urf of a place. The obligatory nafkah given to the spouse is the absolute possession of the recipient without being withdrawn by the giver. While every gift other than a mandatory maintenance is included in the category (tabarru') or a donation that is permissible or required. This type of grant will specify the occurrence of transfer if the recipient has already received it in cash (qabadh). While jointly acquired property is essentially any property that is jointly owned by two or more parties, by sharing the capital for its ownership. If referred to a jointly acquired property issue that becomes an international polemic either in a civil court or a sharia court, it is again associated with the context of a married relationship that has been legally charged. Does a valid marriage academy become one from the reason of ownership or vice versa? Does the wife's work at home be calculated as the company's capital against the husband's work? Therefore, this paper will answer the question from the point of view whether the property exists typically, simply because of a valid marriage academy, or it must only be through the partnership of a spouse on a joint venture property. However, in some cases, there are also claims made by couples even on property that do not share together with equal capital or energy, only on the grounds as a married couple, or with arguments of helping spouses from a homework standpoint etc. It is hoped that this paper can resolve problems relating to cases of spousal rights claims for jointly acquired assets legally and in line with shariah. This study with a strong objective is to be given the right to the right and not to take non-rights. It is a predetermined justice of syara' which overcomes the customary rulings that are thought to be fairer. But the truth is that the rule of syara' overcomes all other stipulations.
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Akad nikah, jointly a...

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