- Innate Treasures (personal property). Article 35 paragraph 2 of Law No. 1 1974 on Marriage stipulates that property brought into the marriage by the husband and the wife respectively and property acquired by either of them as a gif or inheritance shall remain under their respective control, unless otherwise decided between the parties. That means, if each party obtaining their own goods and are brought into the marriage, remains under the authority of each party.
- Joint marital property. In Article 35 paragraph 1 of Indonesia’s 1974 Marriage Law stipulates that Property acquired during marriage shall become joint marital property. the joint marital property here is property acquired by each and every spouse in matrimony for the interest of family. Each party can use the property along with the consent of his or her spouse.
- Gift or Inheritance. Let us see again the Article 35 paragraph 1 of Indonesia’s 1974 Marriage Law. It stipulates that common property acquired by each of the spouse as a gift or inheritance shall remain under their respective control. Property acquired during the matrimony becomes joint marital property, and an innate property of each spouse or property obtained by each party as a gift or inheritence is under the authority of each party so long as the parties don’t establish other conditions.
- Inheritence. Islam gives equal rights to men and women. Both were created by God and are of equal spiritual worth. And so in terms of marital property, men and womeh have equal rights. Islamic legal materials generally support women’s right to acquire, hold, use, administer and dispose of property. However, based on teaching of Islam, men have responsibilites that are heavier than women. In terms of Inheritence, men get a larger share than women as stipulated in the surah An-Nisa verse 11: .”Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half.”
- Mahar (dowry). For the marriage, grooms must provide a gift to the bride (mahar). The provisions of Article 30 of Compilation of Islamic Law states that the prospective groomis required to pay a dowry (mahar) to the bride that number, shape, and type agreed upon by both parties. Furthermore, it stipulates that dowry determination is based on the principles of ease and simplicity advocated by Islam. While dowry is given directly to the prospective bride and it become her personal rights ever since. It can be concluded that the mandatory provision of a dowry is given and expressed by a husband to his future wife in a marriage ceremony which is a sign of their approval and willingness to live as husband and wife. The form can be anything as long as it has value.
- Grants, or (hibah) or gifts are given goods that have a social function in people’s lives either it is given by individuals or institutions. The grant is given by a person to the other when he / she still alive. The implementation of division of grants is usually done at the time the testator still alive. This means that the person granted posesses full rights to the property, but it could also be acquired into a joint marital property with the consent of both parties.
- Properties acquired as the results of own’s effort. Marital property can usually be separated into four groups as follows. Merely: goods acquired by spouses from inheritence or bequesst of relatives of each party and were brought into the marriage, goods acquired during marriage belongs to the husband and wife as the joint marital property, goods obtained by each party for each seles before or during marriage, and items awarded to the husband and wife at the time of marriage. In terms of joint marital property, the husband and wife can commingle their properties. In islam, it is known as Syirkah or mixing assets acquired by each spouses during marriage, or their joing efforts. This also applies to the assets derived from inheritance, gifts, and grants. All of which may remain as the property either acquired before marriage or after marriage with the consent of each spouses.
- The establishment who sees marriage property law, for example, an immovable goods belongs to the status reel. There is a distinction between movable and immovable. The principle of lex rei sitae applied to the immovable objects, while the movable object is placed under their place of domicile.
- the establishment that a marrital property law belongs to the field of personal status.
- Marital property law is a contract between husband and wife, thus the will of both parties will determined what kind of law to be used. The parties can make a prenuptial agreement and in this case, they will used the law that they have chosen.
- Article 47 (1) of Compilation of Islamic Law Article stipulates similar provision with the Marriage Law: “At the time of or before the marriage took place, the bride and groom may enter into an agreement approved by the Registrar of Marriage regarding the management of community property.”
- The 1974 Marriage Law in Article 29(1) stipulates that: “At the time of or before the marriage took place, with the mutual consent of both parties, they may enter into an agreement approved by the Civil Registrar of marriage, after which it shall also apply to third parties as long as it involves them as well.” Another provision stipulated in the marriage law is that the agreement cannot be amended during marriage, except upon approval of both parties and cannot cause disadvantage to any third party. This stipulation comes from Article 29(4) in the Marriage Law.
- Article 199 of the Civil Code stipulates that: “From the commencing of a marriage, there shall exist by law, community property between the spouses to the extent that no other stipulations have been made in the prenuptial agreement.”
I am Asep Wijaya. Thank you for visiting my blog, and reading my posts.
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