PERSEPSI KYAI PESANTREN TENTANG KONSEP PEMBAGIAN HARTA GONO GINI: Studi Kasus Kabupaten Demak

Abstract

Legal issues often faced by the divorced wives are or husband died is unfair division of joint “gono gini“ property. Often the wife is disadvantaged and suffered injustices in the division of property “gono gini“ property. The injustice is related to the problem of conjugal standardization role in the compilation of Islamic law Article 79 section (1) which states that the husband is the head of the family and the wife is a housewife. The problem is how Kyai Pesantren Demak perspective on the division of property gono gini whether in compilation of Islamic law or faraidl,and what are their legal options. This research is classified into qualitative and includes as law research, analyzed by the method of sociology of law, it can be looked in point of view of traditional and modern societies. Kyai Pesantren Demak that the majority society guided by fiqh mu’tabar in the principle approved the compilation of Islamic law, although in the implementation of the division of inheritance “gono gini“ property, the majority of them practice and use faraidl. This study is interesting because the data revealed 78 % of Kyai Pesantren Demak agree on a compilation of Islamic law but in practice 69 % stated using faraidl. This is not surprising because the research data says 94 % of Kyai Pesantren Demak are more confidence to fiqh mu’tabar. Their reasons are equally the result of ijtihad, more confidence using ijtihad from ulama salaf that writedown in holy books of fiqh.