URGENCY OF MARRIAGE AGREEMENTS FOR ISLAMIC RELIGIONS IN CREDIT TRANSACTIONS WITH FINANCING INSTITUTIONS

Imran Bukhari Razif

Abstract


Regulations related to joint assets of husband and wife of Muslims are subject to the provisions of the Marriage Law and the Compilation of Islamic Law. The position of the compilation of Islamic law that is under the Marriage Law and the emergence of legal consequences on joint assets of husband and wife in terms of credit transactions with financial institutions are the basis for the urgency of making a marriage agreement. Where the marriage agreement must explicitly regulate the mixing or separation of joint assets between husband and wife. The goal is to achieve legal certainty regarding the rights and obligations of husband and wife regarding joint assets in the event of a credit transaction with a financing institution.

Keywords: Marriage Agreement, Joint Assets, Compilation of Islamic Law, Marriage Law


Full Text:

PDF

References


Subekti and Tjitrosudibio, Civil Code, Jakarta: Pradnya Paramita, 2013.

Supreme Court of the Republic of Indonesia, Compilation of Laws and Regulations Relating to the Compilation of Islamic Law with Understanding in Their Discussions, Jakarta: MARI, 2011.

Thesis, Comparison of Agreements According to Islamic Law and Agreements According to the Civil Code, Gita Rachmad Gunawan, Master of Notary Study Program, Diponegoro University Postgraduate Program, Semarang, 2012.

The Position of the Compilation of Islamic Law in the Order of Legislation in Indonesia, Muhammad Helmi, Mazahib Journal of Islamic Legal Thought, Mazahib, Vol XV, No. 1 (June 2016), p. 139-150, https://journal.iain-samarinda.ac.id/index.php/mazahib/article/view/616.

Mizan Journal of Sharia Science, FAI Ibn Khaldun University (UIKA) Bogor Vol. 1 No. 1 of 2013, p. 1-16, https://www.academia.edu/30931133

The Importance of Making Marriage Agreements!, Binsar Panjaitan, 2019, https://psbhfhunila.org/2019/03/26/pentingnya-membuat-perjanjian-kawin/

Causes of the Minimal Registration of Marriage Agreements, 14 June 2018, https://www.hukumonline.com/berita/baca/lt5b1f7b01a54b5/penyebab-minimnya-pencatatan-perjanjian-kawin/

Can a husband eat a wife's salary? This article was copied from the magazine As-Sunnah Edition 05 / Tahun X / 1427H / 2006M, published by the Lajnah Istiqomah Surakarta Foundation. Downloaded on December 20, 2020, https://almanhaj.or.id/2625-bolehkah-suami-memakan- Saw-isteri.html

Agreement Principles in Islamic Agreement Law, Ubaidullah Muayyad, 'Anil Islam Vol. 8. No.1, June 2015, Sunan Kalijaga Islamic University, pp. 1-24.

Indonesia, Law on Marriage, Law Number 1 of 1974, State Gazette Number 1 of 1974, Supplement to the State Gazette Number 3019.

Indonesia, Law concerning Amendments to Law Number 1 of 1974 concerning Marriage, Law Number 16 of 2019, State Gazette Number 186 of 2019, Supplement to State Gazette Number 6401.

Indonesia, Presidential Instruction of the Republic of Indonesia Number 1 of 1991 concerning Dissemination of Compilation of Islamic Law, Release Sheet of the State Secretariat of 1991.




DOI: http://dx.doi.org/10.31000/jhr.v9i1.4170

Article Metrics

Abstract - 453 PDF - 241

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.