DIVISION OF COMMON PROPERTY: APPROACH FROM THE SHARIA MAQASHID SYSTEM THEORY BY JASSER AUDA

Abstract

This article aims to analyze the division of joint property using the theoretical approach of Maqasid al-Shariah system by Jasser Auda. Disparities in the division of joint property persist in judicial decisions in Indonesia. This is due to the absence of a definite legal framework for judges to use as a fundamental basis in their considerations. Additionally, there are factors influencing this phenomenon, including changes in social dynamics, gender equality, and other social issues. This article employs a qualitative research method based on a literature review with the theoretical approach of Maqasid al-Shariah system by Jasser Auda. The research demonstrates that the division of joint property should consider justice and welfare based on comprehensive scientific considerations encompassing economic, social, and customary aspects prevalent in specific societies or cultures.

Keywords

• division
• common property
• sharia maqashid system theory
• jasser auda