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legal construction of the division of marriage assets due to divorce in islamiclaw perspective
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نویسنده
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munir ,isnaeni h. moch ,prasetyawati endang
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منبع
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international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 8 - صفحه:437 -442
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چکیده
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This study aims to determine the ambiguity of the distribution of marital assets due to divorce andthe concept of distribution of marital assets due to divorce in the perspective of islamic law. the findingsof the study: 1) the ambiguity of the concept of sharing the assets of marriage between husband and wifewho is muslim when the marriage ends in the marriage law in the perspective of justice and legalcertainty is contained in the provisions of article 31, article 35 and article 36 of law number 1 of 1974and the amendments to law number 16 of the year 2019 regarding marriage,it is also khi that husbandand wife have equal rights and positions, where both husband and wife are understood to have the samerights. also article 157 khi in conjunction with articles 96 and 97 article 97 khi that a widow ordivorcee is entitled to one half of the joint property as long as the marriage agreement is not determinedotherwise, but in practice the settlement of the judge's decision is based on the characteristics of the caseso that it allows for a different decision on the case. the same so that it reflects more on social justicewhere the concept of justice is not guaranteed to be the same but rather is adjusted (different) to thecapacity of each husband or wife.
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کلیدواژه
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legal construction ,joint property ,divorce
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آدرس
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universitas 17 agustus 1945 surabaya, indonesia, universitas 17 agustus 1945 surabaya, indonesia, universitas 17 agustus 1945 surabaya, indonesia
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پست الکترونیکی
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endan_prsetyawati34@gmail.com
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Authors
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