Pembagian Harta Bersama Akibat Perceraian (Analisis Perbedaan Pertimbangan Hukum di Mahkamah Syar’iyah Lhoksukon dan Mahkamah Syar’iyah Aceh)

Abstract

Mutual property is a property acquired during a marriage outside of a gift or inheritance. In essence, mutual property shall be joint property of husband and wife unless the marriage breaks up as stated in Article 97 KHI that "divorced widows or widowers each of them shall get a half of the mutual property as long as did not specify other in the marriage agreement". The problems statement in this research are what the basic of judgment used by the judge in making a decision on the sharing of mutual property due to divorce is, how the arrangement of division of mutual property due to divorce in Fiqh is, and what the legal implication of mutual property after the occurrence of divorce is. This research uses library research method by using normative approach which is research conducted by researching book material besides also called qualitative descriptive research. From the results of the study it can be concluded that mutual property should not always be partly divided for each party as set out in article 97 KHI in the decision case of Syari’ah Court Lhoksukon NO 168 / Pdt.G/2014/MS.Lsk about the mutual property which the judge decide that the husband gets a third part (1/2) and the wife gets two thirds part (2/3) of the mutual property with the consideration that who gives nafkah to the family during the marriage is the wife because the husband has no income, while the husband has income the wife also paid nafkah to the family because his husband did not fulfill his responsibilities to family while he was able to, here the judge saw the absence of a delicate element of the husband neglecting his dutybut in SHARI’AH COURT ACEH decision No. 1 tahun1974 and KHI that the property acquired during the marriage is a mutual property.