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September 10, 2025Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan

Towards Substantive Justice: Reforming Islamic Family Law Regarding the Division of Marital Property in Indonesia

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Authors

MNM. Anwar NawawiLampung UniversityAAAnsari AnsariUniversitas IbrahimyAHArifuddin Muda HarahapUniversitas Islam Negeri Sumatera Utara

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Implication

Qualitative analysis proposes a legal model for marital property division, emphasizing substantive justice within Islamic family law.

Key Points

  • Proposed models for marital property division aim to ensure fairness and equity, beyond mere numeric equality.
  • The study reveals that judges can modify rulings based on situational fairness, diverging from strict 50% property rules.
  • Analyzing the intersection of law and social circumstances highlights the necessity for a progressive legal framework.
  • Adopting legal pluralism ensures the regulation of marital property is sensitive to socio-economic realities.

Cite This Study

Nawawi et al. (2025) studied this question.

synapsesocial.com/papers/68c1d9a154b1d3bfb60fbb52https://doi.org/10.32505/qadha.v12i2.10905
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Legal Dynamics of Financial Responsibility and Marital Property in Marriage in Indonesia2025
  2. 2Reform of The Law on The Division of Joint Property Divorce2024
  3. 3Jurimetrics in the Reconstruction of the Joint Property Division Model for Wage-Earner Wives in Indonesia2024 · 1 citations
  4. 4Characteristics of The Compilation of Islamic Law In Indonesia: A Study of Marriage Law From The Perspective of Political Law2024 · 3 citations
  5. 5Wife's Right to Property After Divorce: An Examination of Islamic Law and Legislation in Religious Court Decisions in Yogyakarta City2024