Classification of Marital Property
Articles 85 to 97 of the Compilation of Islamic Law (Kompilasi Hukum Islam / KHI) recognize several categories of property within a marriage, including :
Property brought into the marriage by the husband;
Property brought into the marriage by the wife;
Marital property acquired by the husband and wife during the marriage;
Property received by the husband as a gift, grant, inheritance, or charitable donation; and
Property received by the wife as a gift, grant, inheritance, or charitable donation.
What Constitutes Marital Property?
Under Article 91 of the Compilation of Islamic Law, marital property may consist of both tangible and intangible assets.
Tangible Assets
Tangible marital property may include:
Intangible Assets Intangible marital property may include:
Marital property may also be used as collateral by one spouse, provided that the other spouse gives their consent.
Use and Transfer of Marital Property
Article 92 of the Compilation of Islamic Law provides that a husband or wife may not sell, transfer, or otherwise dispose of marital property without the consent of the other spouse. The use and management of marital property are further regulated under Articles 93, 94, 95, 96, and 97 of the Compilation of Islamic Law.
Division of Marital Property After Divorce
In the event of divorce, marital property may be subject to division between the husband and wife in accordance with the applicable law.
The division may cover assets, benefits, and liabilities arising from the efforts and activities of the spouses during the marriage.
The determination of each party's entitlement may depend on the applicable legal framework, the nature and origin of the assets, and the circumstances of the marriage and divorce.
Legal Assistance in Marital Property Disputes
Disputes concerning marital property may arise when spouses disagree over ownership, control, division, or the disposal of assets acquired during the marriage.
Our lawyers assist clients in protecting and pursuing their legal rights in matters involving marital property.
Our legal services include:
1. Legal Advocacy
We advocate for the legal rights of husbands and wives in seeking their lawful share of marital property.
2. Legal Representation
We provide legal assistance and representation to clients in pursuing their rights concerning the division and distribution of marital property.
3. Legal Research
Our legal team conducts research into relevant legislation and legal materials, including the Marriage Law and the Compilation of Islamic Law.
4. Legal Claim and Case Preparation
We assist clients in preparing legal claims and determining the appropriate legal strategy based on:
Law No. 1 of 1974 concerning Marriage, as amended by Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage; and
Presidential Instruction No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law.
5. Legal Advice
We provide legal advice concerning the rights of husbands and wives to marital property and the applicable procedures for obtaining their respective shares.
6. Protection of Legal Rights
Our lawyers assist clients in protecting their legal rights under the applicable provisions of Indonesian marriage law and the Compilation of Islamic Law.
Legal Basis
The principal legal framework relevant to marital property matters includes:
Law No. 1 of 1974 concerning Marriage, as amended by Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage.
Presidential Instruction No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law.
