TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP PENYELESAIAN DAN PERTANGGUNGJAWABAN HUTANG PIUTANG SUAMI ATAU ISTERI TANPA PERSETUJUAN PASANGANNYA

This is a result of bachelor theses library research. This research aims to know how the terms of Islamic law and positive law about debt settlement receivables husband or wife without the approval of spouse and what commonalities and differences between the settlement of receivables debt husband or wife without the approval of the pasangnnya according to Islamic law and positive law in Indonesia. In this writing using descriptive method with type of qualitative data research, and nomative juridical approach, namely using data/conclusion that public to obtain the conclusion that are custom, will further be known with clear similarities and differences between Islamic law and positive law. The results of this study concluded that according to Islamic law and positive law in Indonesia, receivables debt settlement both the same law apply to the way of peace to end a dispute, but if peace is difficult to be taken so the solution is to be forwarded to the court. The difference is in Islamic law the settlement of the responsibility of the debt burden, if debt that is made by the wife without the approval of her husband and her husband may incur the burden of the responsibility of debt his wife and vice versa if the husband who owed him without the approval of his wife and his wife could not incur the burden of the responsibility for the debts of her husband. While in the positive law in Indonesia in the settlement of the responsibility of the debt burden that done by the husband or wife without the approval of the husbands to common interests, the husband can safest entailed upon debt that made his wife while the wife could not safest entailed debt that made her husband, if debt that did not to common interests, then the husband or wife must still be responsible for the debt that created itself