KEDUDUKAN ISTRI PERSPEKTIF KOMPILASI HUKUM ISLAM: ANALISIS POLIGAMI DAN PEMBAGIAN HARTA GONO-GINI

Abstract

Abstract

This research is based on a review of legal products, namely, Law No. 1 of 1974 and KHI regarding the position of wives in the context of the Islamic family, which is then formulated into a problem formulation which includes: what is the position of women in Islamic law?, what is the position of wives in the problem of polygamy in law Islam?, and what is the position of the wife in the distribution of shared assets in Islamic law? This research is library research with a descriptive qualitative approach. Meanwhile, in terms of data analysis, the method used is content analysis, which is any technique used to draw conclusions through efforts to find message characteristics, and is carried out objectively and systematically. The findings from this research as referring to the points in the problem formulation are as follows: first, Islam does not place the position of women at all below that of men. If so far we understand that there is injustice in Islam when it comes to positioning men and women in law, it is because of Muslim figures' understanding of fiqh. Even though men and women are both human beings who have equal rights and obligations in Islam; secondly, the position of the wife in the issue of polygamy in Islamic law gives rise to several conditions for the implementation or permissibility of polygamy, namely: (a) polygamy must not be the cause of family destruction, purity and goodness must really be maintained; (b) the number of wives does not exceed four, then the marriage with the fifth wife is declared invalid or haram; (c) be fair to the wife in material or external matters; and (d) ability to provide a living; third, the position of the wife in the issue of shared assets from an Islamic perspective is explained that the provisions for dividing shared assets if it turns out that a married couple who have divorced prioritizes the method of peace (deliberation). This is regulated in KHI Article 97 which states that "A divorced widow or widower each has the right to half and joint property as long as it is not specified otherwise in the marriage agreement."

Kayword:        Position of the Wife, Compilation of Islamic Law, Polygamy, and Gono-Gini'sassets