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Indonesian Wife Took Foreign Husband's Property

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  • Indonesian Wife Took Foreign Husband's Property

    I have an expat friend married to a Muslim woman. He was out of the country for awhile. Now she refuses to speak with him but has taken all
    of his property and things. She is financially independent. Any suggestions on what he can do?

  • #2
    Originally posted by Andy43 View Post
    (1) ... He was out of the country for awhile.

    (2) ... has taken all of his property ...

    (1) For how long ?

    (1a) Did he fight with his wife before the travel ?

    (1b) Did the wife know when he would come back ?

    (2) Do you mean a house he bought in her name ?


    • #3
      He went for two years to qualify for his Australian pension. She knew this and that he would return.
      A so-so relationship. She has claimed all property (house and shops) that they had together. She will not talk
      with him or let him take away personal things. Any suggestions?
      They have a Muslim marriage.


      • #4
        Apply shariah law for wife`s disobedience. Maybe orthodox Muslims who are hanging around in this forum from recently could give some useful suggestions?


        • #5
          Originally posted by Andy43 View Post
          (I) He went for two years to qualify for his Australian pension. She knew this and that he would return ...

          (II) She has claimed all property (house and shops) that they had together.

          (III) She will not talk with him or let him take away personal things ...

          (I) In relation to government rule , being 2 years out of home without a consent of the wife is one of the reasons accepted for a divorce request :
          "b. One of the party has left for 2 years in a row without the consent of the other party, without any valid reasons or because of any reason against his/her will."

          It is even more rigorous in relation to the Muslim rule :

          From , Dec 2016
          ["Limits for Husband May Leave His Wife to Work"
          ... the husband who leave his wife has two circumstances;
          1. Leaving family because of udzur (Udzur meant that he needs to make a living or because of other needs)
          In the condition that the husband has udzur, the wife is not entitled to sue the husband ..
          But if the wife objects, she has the right to file for a divorce.

          2. Leaving a family without udzur
          A husband who leaves his family without udzur, his wife may demand him to return home immediately. Because there is the right of the wife to be fulfilled by her husband. The scholars concluded, the maximum limit is 6 months. If more than 6 months, the wife has the right to sue him in court ... ]


          [ "For How Long a Husband Can Leave His Wife?"
          ... One of the things that makes a husband and wife calm, serene, is when their biological needs are met. This cannot be fulfilled other than by marriage. Therefore, togetherness of husband and wife in order to fulfill their rights and obligations, including biological rights and obligations, becomes necessary. Even if the husband and wife separate for certain reasons, especially in the context of work, there must be certain times to meet and fulfill their respective obligations.

          How long is the maximum time? Al-Azhar University Fiqh Professor Sheikh Dr. Su'ad Shalih said, "The maximum limit of a husband being allowed to be away from his wife is four months, or six months in the opinion of the Hanbali scholars. This is the maximum period a woman can endure separation from her husband ... ]

          (II) In relation to the Indonesian Marriage Law , if he married without a prenup then he owns 50% of everything bought during the marriage . But this only between him and his wife , because if they go to Court , a judge can transfer the property to the State , as the couple owning without a prenup/separated wealth is illegal .
          In relation to the shops , if small/medium business , he also could not own 50% , but in this case I think there is not a penalty officially stated , as far as I know .

          (III) I suggest him to find a person to intermediate . Maybe by asking the KUA where he married , a Haji he can trust , a professional consultant [searching the internet for something like "konsultasi perkawinan di (city)] , ...

          From , Nov 2011
          ["If There Are Family Problems, Where Should You Go?"
          ... not a few people or families need other people to help solve their family problems ...
          In Indonesia, we are familiar with BP4 (Badan Penasehat pembinaan Pembinaan Pelestarian Perkawinan / Agency for the Promotion, Development and Conservation of Marriage) which has a commitment to assist families in solving family problems ...
          BP4, which was once a semi-official body of the government, in this case the Ministry of Religion, now BP4 has become an institution that leads to professional and independent. BP4 counseling services can be found at the District level in the KUA office, District / City to the central level, namely at the Istiqlal Mosque in Jakarta ... ]

          [... BP4 is the socio-religious association organization that is the partner of the Ministry of Religion and other relevant agencies in an effort to improve the quality of Muslim marriage in Indonesia to guide, foster and protect Muslim families throughout Indonesia. BP4 was officially established on January 3, 1961 in Jakarta, Indonesia based on the Decree of the Minister of Religion of the Republic of Indonesia No.85 of 1961 ... ]

 (Online Free Consultation about Household & Marriage Problems , ...)


          At least in relation to the religion rules , theoretically he has some privileges in a Muslim marriage (see example below) .

          From , Jan 2018 (translated by Google)
          ["These are 20 Wives' Sins to Husbands, Number 5 and 6 Often Done, Number 9 Often Ignored"

          1. Ignoring the position of the husband as the leader of the household
          Households are led by husbands with all regulations in accordance with the teachings of Islam and the Prophet Muhammad.
          Already the wife must obey all forms of regulations or orders from the husband.
          The Prophet described if a husband ordered a job to move a red hill to a white hill or vice versa, then there was no choice for his wife other than carrying out her husband's orders.

          2. Opposing the husband's order ...

          3. Refusing to get along with the husband (husband and wife relationship).
          Allah has arranged humans in pairs and to obtain offspring, male and female partners are bound in a legal marriage in accordance with Islamic law.
          Thus the pair is lawful and complementary to having offspring.
          In Islam, a wife who rejects the husband's invitation to associate, means that she (the wife) opens the curse door of Allah against him.

          4. Don't accompany your husband to sleep ...
          5. Forcing and burdening the burden of the husband in making a living ...
          6. Do not want (never) to dress up in front of a husband ...
          7. Placing the husband into the things prohibited by Allah SWT ...

          8. Leaving aside the interests of the husband because of other interests.
          From Aisha, he said: I asked the Prophet Muhammad. : "Who is the person who has the greatest right to a woman?" He said: "Her husband". I asked: "Who is the person who has the most rights to a man. "He replied:" His mother ". (HR. Bazaar and Hakim; Hadith hasan) ...

          9. Get out of the house without your husband's permission ...
          10. Running from your husband's house without your husband knowing where ...
          11. Receive male guests who are hated by husbands ...
          12. Not rejecting touch (touched) by another man ...
          13. Do not want to treat when the husband falls ill ...
          14. Sunnah fasting without permission when the husband is at home ...
          15. Tells about another woman's physicality to her husband ...
          16. Refuse the arrival of the husband in turn to him (husband who has more than one wife) ...
          17. Obey other people's orders at her husband's house ...
          18. Have her husband divorce his honey ...
          19. Request divorce without valid reasons ...

          20. Taking husband's property without his permission.
          Don't ever take a husband's property without his permission, even if only a little ... ]

          Note : All translations above were done at Google Translate

          Last edited by marcus; 12-03-19, 00:15.


          • #6
            Thank you for the detailed response.


            • #7
              A foreigner can invest in a business in Indonesia, so he can own money in a business. Maybe this can be the loophole your friend need. Although there will have to be some sort of contract/agreement about the business. Without it, it is a hopeless case.

              A foreigner cannot have property in Indonesia. Therefor your friend cannot own houses, store buildings or land. I am not sure about cars.
              Indonesia has a strange rule about buying and selling property. When a married couple want to buy property only 1 person need to sign. When a married couple wants to sell their property both have to sign the papers. This is with the thought in mind when buying/gaining something everyone will be happy. When selling everone consent is required so to protect the one who might not want to sell the property.

              In the case of a WNI marrying a WNA, there is no probem buying property. The WNI can sign the papers and everything will be fine and legal. It become trouble when the couple want to sell their property. The WNA also have to sign the papers, but because foreigners aren't allowed to have property, he cannot sign the papers. Which make it impossible to legally sell any property bought/own. This is where a prenup is handy. With a prenup the WNA doesn't need to sign the papers. Without a prenup the couple would have to divorce, sell the property, make a prenup for future reference and marry again.

              So I guess you friend is screwed... not in the fun way.... but legally.


              • #8
                I have a question about transfer of a land title to a foundation (Yarasan). In this case, it was held jointly by two
                parties. One transferred his  title claim but the other party refuses to co-operate and transfer her claim. Any 


                • #9
                  Originally posted by Andy43 View Post
                  ... One wants to transfer but the other party refuses to do so ...

                  I think you better ask some Indonesian notaries about that (I never heard of any case like that and don't know any related regulation) .

                  I would guess that it may be possible to tranfer the 50% that person owns or leave a Will/Testament stating his/her 50% part should go to the Yayasan .



                  • #10
                    Originally posted by Andy43 View Post
                    I have a question about transfer of a land title to a foundation (Yarasan). In this case, it was held jointly by two
                    parties. One transferred his?* title claim but the other party refuses to co-operate and transfer her claim. Any?*
                    If both parties do not approve the asset cannot be transferred.


                    • #11
                      Yes, I agree that it needs action from both parties. Currently it is in limbo and the Yarasan
                      and its sponsors are reluctant to do more development to the building on the property.
                      I wonder what notaries advise....maybe a big bribe to move it along. . . 


                      • #12
                        Everything is possible here, but be aware that the statute of limitations to sue in Indonesia is 30 years. So if you damage somebody and transfer unlawfully his/her property, he/she has 30 years to sue and lay claims. Indonesian law will consider such transfer of assets contrary to the law and will order to return the asset to the original owner and will not validate such transfer despite the end buyer behaving as a conscientious buyer (meaning he did not know the transaction was fraudulent).

                        Besides this, it would be a criminal offence for the seller and the notary to participate or orchestrate such transaction.


                        • #13
                          Originally posted by Andy43 View Post
                          ... the Yarasan and its sponsors are reluctant to do more development to the building on the property...

                          Why the Yayasan + its sponsors don't try to convince the person who doesn't want to transfer (is not just a question of the price to pay for the other 50% ?) .
                          Last edited by marcus; 24-05-19, 21:19.


                          • #14
                            Yes, I am sure there is a price that will assist the transfer but she harbours a deep personal qrudge.