DISTRIBUTION OF JOINT PROPERTY IN MARRIAGE

Opinions of Ulama Dayah and MPU Aceh

Abstract

Joint property in marriage is a custom that has been in effect in Aceh since the Aceh Darussalam Sultanate. The community divides the assets based on the roles of husband and wife in providing for the family's living costs. However, the Mahkamah Syar'iyah Aceh tends to split it in half in all cases for reasons of legal certainty. Considering that it can compromise society's sense of justice, the author examines variations in distribution between husband and wife in the opinion of Ulama Dayah and MPU Aceh. The subjects of this research are the figures representing the sense of justice of the Acehnese people and understanding the ins and outs of Islamic law. This study is empirical legal research that aims to discover unwritten laws. The author hypothesizes that legal certainty can realized if there is a positive law regarding the details of variations in distribution based on the role portions of husband and wife. Researchers found that Ulama Dayah and MPU supported the sharing pattern of joint property that prevailed in society, even though they divided it into thirds. If the wife worked harder than the husband, she gets two-thirds. Vice versa, a similar distribution applies to the husband. This study concludes that determining variations of the amount based on the roles of husband and wife is possible because the workload portion can be detailed.