PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN DALAM PERKAWINAN : STUDI KOMPARATIF INDONESIA DAN MALAYSIA

Joint property is property collected during the marriage so that it becomes the right of husband and wife, in Article 97 of the Compilation of Islamic Law it reads "Widows or divorced widowers are each entitled to one-half of the joint property as long as it is not otherwise specified in the marriage agreement" while in the legal regulations related to joint property in Malaysia contained in Section 58 of the Islamic Family Law of 1984 which reads "The Court must pay attention to the amount of contribution made by each party in the form of money, property, or work to obtain the property" The problems raised in this study are: first, What is the difference in the arrangement of the division of common property due to divorce in marriage according to legal regulations in Indonesia and Malaysia? and second, is the court's decision on the division of joint property due to divorce in accordance with the laws and regulations in Indonesia and Malaysia? In this study, it is a type of normative research using library research, the data collection method in this study is in the form of 20 decisions on the division of common property due to divorce in 5 (five) major cities in Indonesia, namely: Central Jakarta Religious Court, Surabaya Religious Court, Bandung Religious Court, Makassar Religious Court, Malang Religious Court and for Malaysia itself, namely in the Selangor Sharia Court, Regulations regarding joint property in Indonesia and Malaysia have fundamental differences that reflect the characteristics of the legal system of each country, in Indonesia with 50:50, while in Malaysia by looking at the contribution of each party Ten decisions on the division of common property due to divorce from five Defendants in Indonesia and ten decisions of the Selangor Sharia Court have been in accordance with the legal regulations that have been in force in each country.