AKIBAT HUKUM PERCERAIAN TERHADAP PEMBAGIAN HARTA BERSAMA BERDASARKAN KOMPILASI HUKUM ISLAM DI (KELURAHAN TANAH TINGGI, KECAMATAN TAPUNG HILIR, KABUPATEN KAMPAR )

Abstract

Man is a creation of God who has various needs in his life and every man
would want fulfillment of his needs properly to be able to live as a perfect human,
both individually and as part of the community. Marriage is a necessity of life for
all humanity, from ancient times until now. Because marriage is an actual issue to
talk about within and outside the legal arena. From marriage there will be a legal
relationship between husband and wife and then with the birth of children,
resulting in a legal relationship between parents and their children. From
marriage they have property, and there will be a legal relationship between them
with the property.
In the division of joint property as a result of divorce the Compilation of
Islamic Law also explains in Article 97 KHI which says that the widow or
divorced divorce each shall be entitled to equal to the common property as long
as no other specified in the marriage agreement. Unlike the case in the community
precisely in Kelurahan Tanah Tinggi, Tapung Hilir District, Kampar District
which is the author's research area, where the author finds the problem, where
the problem is different from the provisions that should apply. In this case found
the case that a widow does not get her right in terms of sharing of joint property
after divorce with her husband.
Budi's son got part of Palm Oil Plantation, and his daughter love to get
part 1 Unit Rumah .. While the wife did not get part of the marriage property.
Seeing the above reality, the writer considers it is a problem that needs to be
studied and got a legal solution. Therefore, the authors are interested to conduct
research titled Due to Divorce Law on the Division of Joint Treasure Based on
the Compilation of Islamic Law.
Keywords : Divorce-Division of Joint Treasure-Compilation of Islamic Law