Keywords:
Joint Property, Fiqh, Regulation
This study raised about The Concept Of Seuharekat (A Normative Study
Between Islamic Law and Living Laws). In this study, the authors use
the research library (library research), and data collection is done by
reviewing books and books of fiqh as well as the laws and regulations
in force in Indonesia as a primary ingredient, and other books related
to the discussion of this research as a material secondary, so this
pattern qualitative form. In addition, analysis by the writer is
descriptive analysis. From the results of this study concluded that the
formulation of the treasure found together in marriage law in
Indonesia is one manifestation of a new formulation of the legal
character of Indonesia. Institutionalization allegedly as a reflection
responsive to the laws of life in the midst of Indonesian society (al-
Adat al-Muhakkamat). The formulation of joint property in fiqh can be
known through analogy into shirkah Amlak. This is based on several
reasons, the first is that no form through contract. Secondly when there
is a desire to share the treasure union, then divided equally between
the unionized. In addition, the lack of capital in the incorporation of
the property will be divided. According to the Indonesian marriage
law, that property generated during the marriage become the joint
property of husband and wife. Marriage law also does not provide a
concrete explanation of the division of joint property if the marriage
broke up, either because of divorce divorce, contested divorce or one
dies. In the case of marriages break up because divorce is only
determined that the joint property is set according to its own laws.
While the definition of the respective legal explanation is that the
religious law, customary laws, and other laws. This means that any
applicable law is in accordance with the agreement of the parties
concerned. It is given that in Indonesia there are various family system
affects the joint property ownership
