伊斯兰法系与部分阿拉伯国家法律中夫妻共同财产的分割

Pub Date : 2022-12-01 DOI:10.17576/islamiyyat-2022-4402-03
Abdusalam H Sawih Milad, Mat Noor Mat Zain, Noor Lizza Mohamed Said
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引用次数: 0

摘要

在一些阿拉伯和伊斯兰国家,这对夫妇之间持有并应用金融体系。这种制度被称为夫妻联合金融制度,在一些阿拉伯和伊斯兰国家得到了应用。这对夫妻在婚姻生活中经常获得很多钱。由于丈夫只在家外工作,而妻子是家庭主妇,或者由于妻子只在家以外工作。如果配偶双方同意并分享他们工作和这件事产生的资金,可能是基于他们之间共享共同基金的协议,而他们之间可能没有达成协议,并且在配偶之间没有经济参与的概念的情况下,问题出现在他们之间的经济参与而没有具体说明每一方的份额的情况下,问题也出现在配偶之间的共同参与而没有达成协议的情况下,本文的主要目的是定义共同财产制度的概念,并澄清关于共同融资的Fiqh和法律裁决,无论是否存在现有协议。为此,研究人员依靠参考来源和科学参考的分析方法,得出结论,包括:参与是配偶之间商定的一套规则,规定夫妻共同财产的所有权和配偶双方从中获得的份额,以及其裁决。在判例中,一些法学家允许配偶分享他们从金钱中获得的收入,而另一些则禁止。至于法律的立场,他们在确定共同财产的类型和配偶是否参与的义务方面存在分歧,如果他们的协议没有具体说明他们的份额,法官可以在专家意见的帮助下自由估计,以确定他们每个人的份额,如果存在分歧,一些阿拉伯法律规定参照证据的一般规则。
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Division Of Joint Property Between Spouses In Islamic Jurisprudence And The Laws Of Some Arab Countries
In some Arab and Islamic countries, a financial system is held and applied between the couple. This system, known as the joint financial system between a couple, is applied in some Arab and Islamic countries. The couple during marriage life often acquire a lot of money. As a result of the husband's work only outside the house and wife’s is a homemaker, or as a result of the wife’s work only outside the house. and it happens that the spouses agree and share, the money resulting from their work and this matter may be based on an agreement between them to share the common funds and there may not be an agreement between them, and with the absence of the concept of financial participation between the spouses, the problem arises in the case of financial participation between them Without specifying the share of each party, and the problem also arises in the case of joint participation between spouses and without agreement, The main objective of this paper is to define the concept of the joint property system and to clarify the Fiqh and legal rulings concerning the joint finance whether or not there is an Existing Agreement, for this the researcher relied on the analytical approach with reference to the sources and scientific references, and the paper concluded with results, including: that participation is a set of rules agreed upon between spouses, which regulate the ownership of joint wealth between couple and the share of both spouses from it, and its ruling In jurisprudence, some jurists have permitted the spouses to share in what they earn from money and others forbid it. As for the position of the laws, they differed among themselves in terms of determining the type of joint money and the obligation of the spouses to participate or not, and in the case of their agreement without specifying their share, the judge is free to estimate, with the help of the expert’s opinion to determine The share of each of them, and in the event of disagreement, some Arab laws stipulate referring to the general rules of evidence.
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