1. WEALTH IN ISLAMIC MARRIAGE
Yeni Salma Barlinti

2. DEFINITION
Wealth in marriage or syirkah is the wealth obtained by each or together, wife and husband, during their marriage, named by common property, without questioning regsiterred/certified name (Art. 1 KHI)
The wealth which obtained during marriage becomes common property (Art. 35 Prgp. (1) Law of Marriage)

3. Kinds of Wealth Based on The Origin of Wealth
Dowry (Harta bawaan) is the wealth possessed before marriage  Personal Property
Respective Wealth (Harta masing-masing) is the wealth obtained during marriage, but it is not derive from their effort (business)  Personal Property
Earned Wealth (Harta pencaharian) is the wealth obtained from effort of each or together during marriage  Common Property

4. Common Property or Syirkah in Sharia
Principally, the wealth of wife and husband is separated
An Nisa verse 32
لِلرِّجَالِ نَصِيْبٌ مِّمَّا اكْتَسَبُوا وَلِلنِّسَآءِ نَصِيْبٌ مِّمَّا اكْتَسَبْنَ
“to men is allotted what they earn, and to women what they earn: But ask God”
But there is possibility to be common property

5. Ways of Syirkah Agreement
Based on agreement between wife and husband toward the origin of wealth
Law
Determined that earned wealth shall become common property
Reality of marriage life:
Syirkah abdaan is merging of property due to services or working
Each has responsibility to do their jobs well in marriage
Limited to earned wealth

6. Agreement (Art. 47-52 KHI) Merging of personal property
Separation of earned wealth
Each has authority to guarantee their personal property and common property

7. Merging of Personal Property
Merging of personal property is including all kinds of property, dowry and respective wealth
It might be limited on dowry, exclude respective wealth which obtained during marriage  or vice versa

8. Separation of Earned Wealth (Art. 48 KHI)
The existing of separation of earned wealth agreement is not deleting the responsibility of husband to maintain for his family needs
If there is clause in the agreement deleting the responsibility of maintenance from husband to his family, it will be considered that the husband’s responsibility of maintenance is still exist

9. Validity of Marriage Agreement
The agreement is effective on the date of marriage in front of marriage registrar official
Binding to each parties (wife and husband) and the third party

10. Common Property in Polygamy (Pasal 94 KHI)
Common property in polygamy is separated for each wife
The ownership of property is started from the first, second, third, and or fourth marriage happened

11. Distribution of Common Property in Dissolution of Marriage
Dissolution due to divorce, each has right a half of all common property if there is no clause in marriage agreement (Art. 97 KHI)
Dissolution due to one’s death, a half of common property belongs to another who live longer (Art. 96 KHI)
For deceased person/prepositus who has more than one wife, each wife has right of common property (Art. 190 KHI)

12. YURISPRUDENSI Verdict No. 266K/AG/2010 concerning Common Property
Consideration of Judges:
“Based on the evidence and the facts in trial, it is proven that husband didn’t maintain for his family from his income and all common property is obtained by his wife. For the sake of justice, the plaintiff (wife) worths to get common property in the amount of which decided on this verdict.”
Decision:
“Decides that the Plaintiff (wife) has right ¾ of common property and the Defendant (husband) has right ¼ of common property.”

13. Cont’d
Legal Norm:
Wife received ¾ of common property because it was obtained by wife, and husband did not give maintenance for his wife and children for 11 years/during marriage

14. THANK YOU
WASSALAM