IMPLIKASI HARTA BERSAMA TERHADAP NAFKAH KELUARGA

Abstract

The purpose of this study was to analyze the provisions on the obligation of a living by a husband for his wife and children to be connected with joint property in A marriage. Collective assets in marriage initially originate from the customs (‘urf) of a country that does not separate the property of husband and wife. Husband's income is mixed with the wife's income. The definition of shared property described in the law and Compilation of Islamic Law, brings an ambiguous understanding of the provisions of the husband's obligations regarding living which are explained in Law No. 1 of 1974 Article 34 and Article 80 of the Compilation of Islamic Law.There are no explanations for both of these living conditions, how to make a living for families who combine their wealth into joint property, and what is the difference with the family separating husband and wife property into personal property. The type of the research is a library research. The method used is normative qualitative. The data were collected from from secondary data. The research is content analysis. The research findings explain that if the husband and the wife combine their wealth into joint assets willingly, the family needs must be taken from the joint property. This means that the husband cannot be sued again to provide for his wife and children. There should be an explanation in the implementation of the provisions of the obligation of the husband to provide for his wife and children as an implication of the provisions of joint property