Legal Outreach by the Department of Islamic Law, Series 5: "Marital Property and Its Legal Issues in Practice"

Entering the final week of April 2022, the Department of Islamic Law once again held a legal outreach session in collaboration with the Sleman Religious Court on Friday, April 22. This 5th installment covered the theme "Marital Property and Its Legal Issues in Practice," featuring speakers Dr. Yulkarnain Harahab, S.H., M.Si. (lecturer, Department of Islamic Law, FH UGM) and Drs. Arif Irfan, S.H., M.Hum. (Judge, Sleman Religious Court), with Haniah Ilhami, S.H., LL.M. (also from FH UGM's Department of Islamic Law) as moderator. This session drew around 60 attendees, spanning the academic community both from UGM and other universities, along with practitioners such as notaries, staff from Religious Affairs Offices (KUA), lawyers, and members of the public joining via Zoom. 

The session opened with remarks from the Vice Dean for Research, Community Service, and Information Systems, Dr. Heribertus Jaka Triyana, S.H., LL.M., M.A. The presentations were then split into two segments. The first, delivered by Dr. Yulkarnain Harahab, covered marital property and related matters under Law No. 1/1974 and the Compilation of Islamic Law (KHI). Both sources explain that marital property is divided into two categories: personal property and joint/marital property (harta gono-gini/harta syirkah). Beyond property, marriage can also involve debt, similarly split into personal debt and joint debt — a distinction addressed in the KHI but not yet covered under Law No. 1/1974. The second presentation, by Drs. Arif Irfan, focused more on real-world problems and practical issues surrounding marital property. These included: division of joint property in litigation, typically being triggered by the breakdown of a marriage (whether through wife-initiated or husband-initiated divorce); joint property located abroad resulting from mixed marriages; complicated customary (adat) situations where joint property sits atop pre-marital/inherited property; and joint marital assets whose loan repayment terms haven't yet been completed. Proposed solutions to these issues included strengthening mediation efforts and raising awareness of the children's future welfare. 

Before the session closed, there was a Q&A and discussion segment, during which several participants raised questions and had the opportunity to engage directly with the speakers.

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