This research departs from the unclear status of Intellectual Property Rights as part of joint property in Islamic Family Law. The immaterial nature of Intellectual Property Rights but its significant economic value poses its own challenges in the context of property division, especially after divorce or the death of one of the spouses. This research aims to understand and analyze in depth the position of joint property derived from Intellectual Property Rights in the perspective of Islamic Family Law, as well as investigate the status and dispute resolution of such property in legal practice in Indonesia. The main focus of the research includes three main problems: (1) What is the position of joint property rights related to Intellectual Property Rights from the perspective of Islamic Family Law? (2) What is the status of Intellectual Property Rights as joint property in marriage? and (3) How is the settlement of joint property disputes originating from Intellectual Property Rights according to Islamic Family Law in Indonesia. The methodology used is library research with a content analysis approach and a comparative method to the relevant legal system. Data sources consist of primary legal materials such as Law Number 1 of 1974 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and regulations related to joint property; and secondary materials in the form of books, journals, and other legal documents. The data analysis technique uses a normative juridical approach. The results showed that although the principle of joint property in Islamic Family Law recognizes joint ownership of property obtained during marriage, there is no normative clarity regarding the position of Intellectual Property Rights as part of joint property. This creates ambiguity in dispute resolution, especially when Intellectual Property Rights become the main source of income or have high commercial value. This research emphasizes the need for the development of more specific regulations and progressive legal interpretations to ensure legal certainty, justice, and protection of the rights of spouses in the division of joint property involving Intellectual Property Rights. The research recommendations encourage the integration of contemporary fiqh approaches and Islamic family law reform in Indonesia in addressing modern economic developments involving intellectual property as an object of joint ownership.
Haq et al. (Wed,) studied this question.