Joint Property Disputes and the Alternative Resolution

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God. If any problems in the marriage can be resolved properly, then the household can be maintained. However, on the other hand, if the problems cannot be resolved, then divorce will arise as the last way out that will be taken. Divorce according to Islamic law is prohibited to be done principally. This can be seen in the signs of the words of the Prophet Muhammad SAW that talaq or divorce is a permissible act but hated by Allah. Divorce, one of the worst household disputes that may happen to anyone, needs to be anticipated and learned beforehand so that married couples feel ready to face conflicts that may occur in the future, including the problem of dividing joint properties when a divorce occurs.

This study aims to determine the kinship relationships that exist in Indonesia. This study is library-research with a descriptive method. The results of the study obtained the division of joint properties in marriage (gono-gini) needs to be based on aspects of justice for all parties involved. The justice in question includes the understanding that the division does not discriminate against one party. The interests of each party need to be accommodated as long as they are in accordance with the actual reality. The benefit of making a marriage agreement for the personal lives of each party is that the parties, those who make the agreement, both husband and wife, have the power and freedom to act which is to take legal action and utilize it.