Marital Property in Marriages of Different Nationalities in Indonesia According to National Law and Islamic Law

2024-01-11T09:17:00+07:00

Indonesian legislation stipulates that individuals from foreign countries residing in Indonesia and foreign legal entities with representatives in the country are expressly barred from possessing land. This provision poses challenges for individuals in marriages involving different nationalities, particularly when one spouse is an Indonesian citizen, as it complicates the process of acquiring ownership rights and building usage rights for a property. This research explores the legal regulations pertaining to marital property in marriages involving individuals of distinct nationalities, navigating the intersection between national law and Islamic law. Employing qualitative research methods with a normative approach, the study relies on legal materials as primary data sources. The findings of this study indicate that, in accordance with national law, assets acquired during the course of marriage are deemed joint property. Nonetheless, it is noteworthy that this provision does not extend to marital assets in the form of land and buildings for foreign spouses. Conversely, Islamic law does not explicitly delve into this matter. Nevertheless, it delineates that the resolution of joint property in marriages encompassing individuals of diverse nationalities is governed by national laws pertaining to citizenship rights. In the case of foreign citizens, the relevant statute is the Agrarian Law, which specifically governs ownership rights concerning land and buildings.

Dirasah Muqaranah ‘an Hukm al-Zawaj Bayna Rudha’a Alban Bunuk al-Laban Fi Manzhur Fuqaha al-Aqdamin wa al-Mu’ashirin

2024-01-18T09:03:27+07:00

The issue of Breast Milk Bank is a contemporary fiqh issue, and its ruling is not found in classical fiqh. However, classical Moslem scholars have studied the issue of radha in an unusual way known as al-major (breast milk put into the baby's mouth), al-south (breast milk put through the nose), and or putting breast milk into the baby's mouth using bottles and cups. Therefore, the fuqaha differed on the prohibition of marriage because of radha' unusually or indirectly such as radha' from a breast milk bank. After conducting a comparative analysis, the author concludes that the majority of classical scholars from the Hanafi, Maliki, Shafi'i and Hambali madhhabs, and most contemporary fiqh scholars, think that indirect radha', such as radha' from a breast milk bank, makes marriage prohibited. They reason that indirect radha' has the same effect as direct radha' regarding the growth of the baby's flesh and bones. Meanwhile, the Zhahiri school of classical jurisprudence and some contemporary jurisprudence scholars such as Yusuf al-Qardhawi think that indirect radha' such as radha' from a breast milk bank is not called radha'. According to them, radha' is only if the baby suckles directly on the mother's nipple. Hence, they think that radha' from a breast milk bank does not lead to the prohibition of marriage.

El-Aqwal : Journal of Sharia and Comparative Law

Marital Property in Marriages of Different Nationalities in Indonesia According to National Law and Islamic Law

Dirasah Muqaranah ‘an Hukm al-Zawaj Bayna Rudha’a Alban Bunuk al-Laban Fi Manzhur Fuqaha al-Aqdamin wa al-Mu’ashirin