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The problem of Gono-Gini Assets in Islamic Decisions

 

The problem of Gono-Gini Assets in Islamic Decisions

In each case of separation, there are two things that are often of special concentration, namely property and child custody. The second one is often a problem that continues to roll over, even though the judge's hammer has been knocked. 

Gono Gini assets are joint assets owned by husband and wife during the time of marriage. So, is there a way to calculate the distribution of wealth in Islam? Yok read in full in the review below.


Status of wealth throughout marriage in Islam

In Islam, not all of the price earned goes into joint property. This is laid down in the Islamic Association of Laws regarding Wealth in Marriage.

Article 86 states that "In essence there is no mixing between husband's property and wife's property due to marriage.

The wife's property is still the wife's right and is fully controlled by her. Likewise, the husband's property is still the husband's right and is fully controlled by him.

Article 87 states that if the innate assets of each husband and wife and the assets obtained by each as inheritance or inheritance are under their respective control, as long as some factions do not specify otherwise in the marriage agreement.

Husband and wife have the full right to take legal action on their respective assets in the form of grants, gifts, alms, or others.

By understanding these two articles, it is clear that both husband and wife have full rights to the property they own, before, during, or after marriage.


Is there a law that regulates Gono-Gini assets in Islam?

In Islam, there is no such thing as the same thing as what people have seen so far. The wife's right to property as long as the marriage goes on is only the income given by the husband, not all of the husband's property.

When the separation occurs, therefore, each partner has their own rights to the property they have according to the law that runs in Islam. Both the wife and husband have the right to claim and take their property.

If during the marriage there is joint property, which is not owned by one of the two, therefore the current ruling leads to Article 97 of the Marriage Law. Separated widows or widowers each have the right to one-half of the joint property as long as it is not stipulated otherwise in the marriage agreement. However, this decision is not binding.


Actually there is no reason that requires it, but the distribution of joint property can be seen from the several opportunities that exist. Sure Count If the calculation of the assets is found in the right way, the percentages between husband and wife can therefore be separated clearly.


If the percentage is not known with certainty, then the distribution of assets must be through sulh (agreement between husband and wife after going through consensus), 'urf (a routine tradition that runs generally), or qadha (a decision decided by a judge).

When a case occurs, the husband and wife have already agreed on the distribution of joint assets, therefore the stipulation does not apply. However, if both parties are equally adamant, then the decision will be made according to the current tradition, then the judge will decide if there is no meeting point.

In deciding the case, the judge will witness the condition of husband and wife. This has the aim of obtaining the best decision that is equally beneficial for both parties. In such circumstances, the judge is allowed to decide on the distribution of assets by referring to the current civil law, as long as it complies with Islamic law.

Later, after the separation, the wife has the right to obtain welfare property (mut'ah) from her ex-husband according to his sincerity.

"And for women who have been divorced (divorced), it is better to give mut'ah according to an appropriate step as an obligation for some pious people." (Surat al-Baqarah: 241)

This is briefly about the calculation of the price of gonogini in Islam which can be an evaluation.


Wallohu a’lam.


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