Today’s Legal Enlightenment (Monday, 19 September 2022) – THE LEGAL CONSIDERATION THAT GRANTS A GREATER PORTION OF JOINT ASSETS FOR THE WIFE THAN THE HUSBAND
→ Supreme Court Decision No. 266 K/AG/2010 states that the wife gets ¾ share and the husband gets ¼ share of the joint assets because during the marriage, the husband was proven to be disobedient to their religion, had made the wife experience stress, and never provided a living for his wife during the marriage. The wife obtained all joint assets from the results of her work.
For the sake of justice, the cassation judges consider it appropriate for the wife to obtain a more significant portion of their joint assets than the husband. This decision is different from the provisions of the joint assets law as regulated in Article 97 of the Islamic Law Compilation (KHI) that divorced widows or widowers are each entitled to one-half of the joint assets as long as it is not stipulated otherwise in the Marriage Agreement.
Best regards,
Fredrik J. Pinakunary