Implementation of The Principle of Justice in The Division of Joint Property After Divorce According to Islamic Family Law

Abstract

Marital property law is very important in family life because it affects the way husbands and wives spend their lives, especially when they divorce. Joint property is property acquired during marriage through joint efforts between husband and wife and is not a grant or inheritance. This study is important because it emphasizes the importance of justice as a key element in the division of common property, which can influence court decisions. The results showed that from the point of view of Islamic family law, the division of common property takes precedence over consideration or peace. It is on that basis that the concept of joint ownership in Islamic law is based on the idea of Shirka and Article 97 of the Compilation of Islamic Law which divides property between husband and wife. Fair distribution becomes a consideration in decision making, judges consider in deciding a case in the theory of distributive justice by dividing common property as he does, it has illustrated the value of justice. The judge's decision that widows and widowers are not divided, it shows the value of justice called distributive justice, common property is divided according to the roles they are given. In divorce, the ex-wife receives more money than the ex-husband because she needs more money to pay the installments of all property.