Obstacles in the Division of Joint Assets in Islamic Indonesian Citizen Marriage Law

DOI

10.2991/978-2-38476-513-3_6How to use a DOI?

Keywords

Joint Property; Islamic Marriage Law; Family Disputes

Abstract

The division of joint property in the marriage law of Muslim Indonesian citizens in Indonesia is an issue that often creates various obstacles. Joint assets or “gono-gini assets” are assets acquired during the marriage period and are considered joint property of husband and wife. This division of assets becomes very important and complex when a divorce occurs or the death of one of the partners. Problems that often arise include disputes regarding what is included in joint assets, how these assets should be divided, and the roles and responsibilities of husband and wife in managing joint assets. These conflicts usually require resolution through religious courts or customary law, each of which has its own procedures and challenges. This research uses a doctrinal method with a normative approach to legislation, court decisions and related literature. Primary and secondary legal sources are analyzed to identify obstacles in the division of joint assets and offer solutions based on applicable legal principles. The research results show that the process of resolving joint property disputes often takes a lot of time and costs, and has a negative impact on the financial stability and emotional well-being of family members. Therefore, a fair, transparent and family-oriented approach is needed in overcoming this problem. The role of government and society in developing clearer regulations and providing education regarding the rights and obligations of marriage is also very important to reduce conflict and ensure fairness in the distribution of joint assets.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Mhd Hasan Elkholqiyah
AU  - Roswita Sitompul
AU  - O. K. Isnainul
PY  - 2025
DA  - 2025/12/23
TI  - Obstacles in the Division of Joint Assets in Islamic Indonesian Citizen Marriage Law
BT  - Proceedings of the 6th International Conference on Humanities and Social Science (ICHSS 2025)
PB  - Atlantis Press
SP  - 50
EP  - 63
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-513-3_6
DO  - 10.2991/978-2-38476-513-3_6
ID  - Elkholqiyah2025
ER  -