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Division of Joint Assets Based on the Implementation of Responsibilities: Analysis of Sharia Court Decisions Based on Jurisprudence and Their Legal Implications in Banda Aceh

El-Usrah: Jurnal Hukum Keluarga · Vol. 8 No. 2 (2025) · pp. 1294–1318

DOI
10.22373/ujhk.v8i2.25184
ISSN
2620-8083, 2620-8075
Published
2025-12-31
Publisher
Universitas Islam Negeri Ar-Raniry Banda Aceh
Language
eng
License
creativecommons.org/licenses/by-sa/4.0

Abstract

The distribution of joint property after divorce is no longer solely based on Article 97 of the Compilation of Islamic Law, which provides for an equal division between the wife and the husband. Through Supreme Court jurisprudence Number 266 K/AG/2010 and Number 78 K/AG/2021, joint property has instead been allocated in a larger proportion to the wife. In Jurisprudence Number 266 K/AG/2010, the distribution was set at three-quarters for the wife and one-quarter for the husband, while Jurisprudence Number 78 K/AG/2021 allocated 70% to the wife and 30% to the husband. A similar paradigm departing from Article 97 of the Compilation of Islamic Law is also found in the practice of the Banda Aceh Sharia Court, notably in Decision Number 279/Pdt.G/2022/MS.Bna, which awarded a larger share of joint property to the wife. This study aims to analyze the reinterpretation of judges in the distribution of joint property and to develop a model of joint property distribution based on the implementation of responsibility and the principle of proportionality. This research employs empirical legal research using conceptual and statutory approaches. The data were obtained through interviews with judges of the Banda Aceh Sharia Court and an examination of relevant judicial decisions. Data analysis was conducted qualitatively by examining field findings and correlating them with Supreme Court jurisprudence. The findings indicate that judges’ reinterpretation of joint property distribution is grounded in considerations of how husbands and wives fulfilled their responsibilities during the marriage. Husbands are deemed irresponsible when there is proven neglect of family obligations toward their wives and children. This study also proposes a model for the development of joint property distribution based on the implementation of responsibility and proportionality. The implications of these findings suggest the need for adjustments in the application of the law to accommodate contextual justice, while also considering its impact on the protection of the rights of both husbands and wives in the post-divorce distribution of joint property.

Keywords

Collaboration network of the authors

40 authors · 90 co-authorship links · 1 across different organisations · showing the 40 most connected

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  • Hasanuddin University
  • Universitas Sembilanbelas November Kolaka
  • Universitas Muslim Indonesia
  • Lambung Mangkurat University
  • Institut Teknologi Sepuluh Nopember
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
Muslim ZainuddinAffiliation unknown3
Rizkal RizkalUniversitas Sembilanbelas November Kolaka2
Dedy SumardiAffiliation unknown2
Alfa F. P. NelwanAffiliation unknown1
Mahfud PaloHasanuddin University1
Sudirman SudirmanAffiliation unknown1
Muh. KurniaAffiliation unknown1
Muhammad Abduh Ibnu HajarHasanuddin University1
Hariyanto HariyantoAffiliation unknown1
Eriawati EriawatiAffiliation unknown1
Yunadya YunadyaAffiliation unknown1
Martunis MartunisAffiliation unknown1
Dahlan DahlanAffiliation unknown1
Mahfud MahfudAffiliation unknown1
Iman JauhariAffiliation unknown1
Azhari YahyaAffiliation unknown1
Muhammad Irvan HidayanaAffiliation unknown1
Moriyanti MoriyantiAffiliation unknown1
Mahmuddin MahmuddinUniversitas Muslim Indonesia1
Hasnul Arifin MelayuAffiliation unknown1
Maulana Fickry AlbabaAffiliation unknown1
Soraya DeviAffiliation unknown1
Suhaimi SuhaimiAffiliation unknown1
Dahlan AliAffiliation unknown1
Hendrawan SofyanAffiliation unknown1
Nadhilah FilzahAffiliation unknown1
Zakki Fuad KhalilAffiliation unknown1
Mukhsin Nyak UmarAffiliation unknown1
Faisal FaisalLambung Mangkurat University1
Al Chaidar Al ChaidarAffiliation unknown1
Muhammad Ruswandi DjalalInstitut Teknologi Sepuluh Nopember1
Rosihan AminudinAffiliation unknown1
Asnefi AsnefiAffiliation unknown1
Andi Nur PutriAffiliation unknown1
Irwan SyarifAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://jurnal.ar-raniry.ac.id/index.php/usrah/oai, first harvested 7 Nov 2026, last seen 7 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Division of Joint Assets Based on the Implementation of Responsibilities: Analysis of Sharia Court Decisions Based on Jurisprudence and Their Legal Implications in Banda Aceh</dc:title>
	<dc:creator xml:lang="en">Mansari, Mansari</dc:creator>
	<dc:creator xml:lang="en">Irwansyah , Irwansyah </dc:creator>
	<dc:creator xml:lang="en">Rais, Muhammad</dc:creator>
	<dc:creator xml:lang="en">Sari, Elidar</dc:creator>
	<dc:creator xml:lang="en">Rahman, Arif</dc:creator>
	<dc:subject xml:lang="en">Joint Property</dc:subject>
	<dc:subject xml:lang="en">Responsibility</dc:subject>
	<dc:subject xml:lang="en">Progressive Law</dc:subject>
	<dc:subject xml:lang="en">Judge's Ijtihad</dc:subject>
	<dc:description xml:lang="en">The distribution of joint property after divorce is no longer solely based on Article 97 of the Compilation of Islamic Law, which provides for an equal division between the wife and the husband. Through Supreme Court jurisprudence Number 266 K/AG/2010 and Number 78 K/AG/2021, joint property has instead been allocated in a larger proportion to the wife. In Jurisprudence Number 266 K/AG/2010, the distribution was set at three-quarters for the wife and one-quarter for the husband, while Jurisprudence Number 78 K/AG/2021 allocated 70% to the wife and 30% to the husband. A similar paradigm departing from Article 97 of the Compilation of Islamic Law is also found in the practice of the Banda Aceh Sharia Court, notably in Decision Number 279/Pdt.G/2022/MS.Bna, which awarded a larger share of joint property to the wife. This study aims to analyze the reinterpretation of judges in the distribution of joint property and to develop a model of joint property distribution based on the implementation of responsibility and the principle of proportionality. This research employs empirical legal research using conceptual and statutory approaches. The data were obtained through interviews with judges of the Banda Aceh Sharia Court and an examination of relevant judicial decisions. Data analysis was conducted qualitatively by examining field findings and correlating them with Supreme Court jurisprudence. The findings indicate that judges’ reinterpretation of joint property distribution is grounded in considerations of how husbands and wives fulfilled their responsibilities during the marriage. Husbands are deemed irresponsible when there is proven neglect of family obligations toward their wives and children. This study also proposes a model for the development of joint property distribution based on the implementation of responsibility and proportionality. The implications of these findings suggest the need for adjustments in the application of the law to accommodate contextual justice, while also considering its impact on the protection of the rights of both husbands and wives in the post-divorce distribution of joint property.</dc:description>
	<dc:publisher xml:lang="en">Universitas Islam Negeri Ar-Raniry Banda Aceh</dc:publisher>
	<dc:date>2025-12-31</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:type xml:lang="en">Peer-reviewed Article</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/25184</dc:identifier>
	<dc:identifier>10.22373/ujhk.v8i2.25184</dc:identifier>
	<dc:source xml:lang="en">El-Usrah: Jurnal Hukum Keluarga; Vol. 8 No. 2 (2025): EL-Usrah: Jurnal Hukum Keluarga; 1294-1318</dc:source>
	<dc:source>2620-8083</dc:source>
	<dc:source>2620-8075</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://jurnal.ar-raniry.ac.id/index.php/usrah/article/view/25184/pdf</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2025 Mansari Mansari, Irwansyah Irwansyah, Muhammad Rais, Elidar Sari, and  Arif Rahman</dc:rights>
	<dc:rights xml:lang="en">http://creativecommons.org/licenses/by-sa/4.0</dc:rights>
</oai_dc:dc>