SITA JAMINAN TERHADAP OBJEK SENGKETA HARTA BERSAMA (MARITAL BESLAG) DALAM PERSPEKTIF HUKUM ISLAM (Studi Putusan Nomor 2059/Pdt.G/2013/PA.Mlg)
| Main Author: | Haryati, Rustina |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
|
| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/40654/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/40654/2/BAB%20I.pdf http://eprints.umm.ac.id/40654/3/BAB%20II.pdf http://eprints.umm.ac.id/40654/4/BAB%20III.pdf http://eprints.umm.ac.id/40654/5/BAB%20IV.pdf http://eprints.umm.ac.id/40654/6/LAMPIRAN.pdf http://eprints.umm.ac.id/40654/ |
Daftar Isi:
- Marriage life does not always go happily, there is a possibility in marriage a divorce occurs. The breaking of the marriage bond will result in the law of sharing of common property or commonly referred to as gono gini property. Sharing of joint property is sometimes a problem because each party does not get what should belong to it. So that the parties of either husband or wife can file a lawsuit to place confiscation of the dispute for the sake of the fulfillment of justice together. This research takes the formulation of the problem of how the perspective of Islamic law against the confiscation of the object of mutual property disputes (Marital Beslag) and how the legal power of confiscation of the joint property (Marital Beslag) against the provisions of Judge on the decision number 2059/Pdt.G/2013/PA.Mlg. This study uses the Normative Juridical approach method, primary data sources obtained from the field and secondary data sources obtained from documentation and legislation, Al-Quran and As-Sunnah, official documents and related books. Data collection techniques in the form of direct interviews with competent sources based on the subject matter will be discussed in research, namely the Chief Court, Judges and Registrar of the Religious Court of Malang. Then analyze the data using qualitative descriptive analysis. The conclusion of this research is confiscation of collective property in Islamic law included in the type of mashlahah al-hajjiyat, so formulated based on legal texts that support its usefulness. Welfare can be used as legal basis for cases that have no legal texts, namely using the method mashlahah mursalah. The marital confiscation decision does not have an executorial force, because the seizure is very much against the nature of the maritime confiscation that is to freeze only the confiscated goods