Legal Issues Regarding Marital Property After Divorce: An Islamic Family Law Perspective

Abstract

Marital property is one of the crucial aspects that requires serious attention when divorce occurs. This study aims to examine the issues surrounding the division of marital property from the perspective of Islamic family law, highlighting the normative and practical challenges that arise after divorce. The research method used is qualitative with a content analysis approach, analyzing the contents of fiqh books, legislation, and related jurisprudence documents. The results of the study indicate that the division of joint property often faces obstacles, such as unclear ownership status, undocumented contributions from spouses, and differences in interpretation of Islamic legal norms. Additionally, social and cultural factors also influence the implementation of justice in this division process. The implications of these findings emphasize the importance of developing a more comprehensive family law approach that is responsive to gender justice and aligned with the principles of maqashid syariah to protect the rights of both parties fairly.