Praktik Pembagian Harta Gana-gini (Studi di Kelurahan Kambu Kota Kendari)

Abstract

The distribution of gana-gini property or joint property is regulated in article 97 of the Compilation of Islamic Law. Marriage Law No. 1 of 1974 Article 37 itself does not explicitly stipulate the share of each divorced married couple, either divorced or divorced. However, it is divided according to the applicable customary law, so this sometimes does not get justice. Looking at the case of the dispute over the practice of distributing the assets of Gana-gini that occurred in the community in Kambu Village, it is not in accordance with the application and provisions of Islamic law. The gana-gini's wealth distribution practice is not based on coercion because each partner has the right to their respective assets and of course there is no element of coercion, it must be done with pleasure or sincerity. and this problem is different from what generally occurs, generally the wives will do the coercion to the husband so that he will still get his rights but in this case the husband does it. As for the review of Islamic law regarding the distribution of assets gana-gini or better known in Islam, namely syirkah, in syirkah it is divided into various types, one of which is syirkah inan. The conclusion of this study is that under any circumstances the husband should still give his wife the right to property considering that the wife also has a very important role in the household. In the view of Islam, the practice of dividing property, in which there is an element of coercion against the wife, is not in accordance with God's word.