Jointly acquired property is the property obtained during the marriage of a husband and wife as a result of their shared resources or efforts. However, in this era of digitilization, the claim form of jointly acquired property has changed from a purely physical property to an intellectual property. Therefore, the claim for jointly acquired property also involves the intellectual property of the married couple gained during the marriage period. Although jointly acquired property is an exclusive right of the husband and wife in a marriage, but this property claim can also be made by third parties other than the marriage couple. In fact, there is a fatwa (Islamic legal ruling) in the state of Kelantan that allowed such claim. As a sequence from this issue, this research aims to study the issue of intellectual property claim as a husband and wife jointly acquired property and analyze the issue of intellectual property claim as husband and wife jointly acquired property according to Islamic and legal perspective. This research is a qualitative research where the data were collected through the books of classical and contemporary Islamic jurisprudence literatures related to jointly acquired property in Islam, jointly acquired property fatwa (Islamic legal ruling) in the state of Kelantan and jointly acquired property cases in the Shariah Court. These data were then analyzed using a content analysis approach. The results of the research found that the Shariah Court took into account the facts and evidences of the case by the Plaintiff in deciding the claim and the rate of division of claims against jointly acquired property. In fact, it was also found that until now, there have been no cases related to intellectual property claims as jointly acquired property reported by the Syariah Court in Malaysia. The results of the research may provide guidance to the parties involved in the process of claiming jointly acquired property such as muftis, Sharie lawyers and judges in the Shariah Court in deciding the law related to intellectual property for cases involving jointly acquired property claims in Malaysia.

In Malaysia, the law recognizes claims of jointly acquired property of spouse due to divorce, polygamy or death. For example, Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides for the jurisdiction of Court’s injunction in the division of jointly acquired property. There is a disagreement among Muslim Jurists related to assets to the working wives throughout her marriage in terms of its status as a private property or jointly acquired property. However problems arise when there are situations where the vast majority of domestic contributions are attributed to the property of the wife. These contributions can be seen beginning from the purchase of house, car and upbringing costs of children which are part of wife’s obligations. Therefore, the objective of this study is to identify the classification of assets of the working spouse as a jointly acquired property that is entitled to be claimed by the husband from Islamic perspective and subsequently analyze the custom recognition on it. This study is a qualitative study in which data is collected through studies from Islamic law scriptures and legal sources. Meanwhile, data analysis is carried out using content analysis methods through a descriptive approach. The findings proved that the custom recognized the classification of property of a wife to be accepted as a jointly acquired property. However for working wives who have incurred all additional needs, their property is classified as property that cannot be claimed by the husband in full. This study hopefully will contribute to the parties involved in jointly acquired property claims such as legislators and law practitioners to assess the classification of property working spouse as jointly acquired property that can be claimed by the husband.

It is well known that women in pre-Islamic Jahiliyya and before Islam were practiced at all levels, so they were not a worthy thing, and society at that time did not recognize her any of the rights, whether they were moral or financial rights. Rather, they were bequeathed similarly to that as the goods that were inherited until Islam came and higher than that responded to their dignity and make them synonymous with the man he says (not Taatmnoa what is the virtue of God with one another for men's share, which gained for women's share, which gained and ask Allah of his bounty that God had knowledge of all things) women: 32, and the campus on Aladhar men and Adilha said Gel would (O ye who believe, do not you solve that women do not possess ing Tedlohn to go to some of Ateetmohn but come Pfahach indicating the interpretation of the meaning Ltamohn may be that you dislike a thing and Allah makes it much good) women: 19 This is for women in general, as for the wife, he has proven to her rights arising from marriage, such as the dowry, maintenance, clothing, pleasure, her right to inheritance after the death of the husband, and other rights that were dealt with in detail by the ancient jurists. As circumstances have changed, and in the past women are no longer content to sit at home and take care of the affairs of the husband and children. The woman went out to work and began to contribute to the financial burdens alongside her husband, in addition to that the emergence of women's rights associations that began to advocate for the right of women to share money with the husband. The beneficiary during the period of marriage and considering her work at home as a work that deserves a wage, and the emergence of legislation in some Islamic countries, such as Tunisia and Malaysia, for example, giving the wife the right to share with the husband the money collected during marital life, all of this prompted me to contribute to shedding light on this issue that was not addressed to it. The old jurists and I thought to shed light on the types of money gained during married life, and the ruling for each type is as follows: 1- Private funds for both spouses before the establishment of married life. 2- Funds obtained as a result of a partnership between the spouses 3- Funds obtained as a result of women working with men. 4- Funds obtained as a result of the woman working alone, excluding her unemployed husband. 5- Funds obtained by the husband only, without any direct participation of the woman in its collection. 6- Fatwas and legislations in some Islamic countries regarding this matter. The research was concluded with a conclusion that includes the most important findings and recommendations that the researcher sees.

There is no doubt that the marital rights between the spouses stemming from this sacred covenant vary between purely material rights and moral rights that include both spouses, and among these rights are funds related to the Muslim family, which arose with this construction and the sacred covenant, the provisions of Islamic law have preserved the rights of The financial wife imposed her dowry, and obliged the husband to support and accommodation for the wife. Taking care of her and maintaining herself and her body, and through this financial care for the rights of the wife and the woman’s enjoyment of financial responsibility independent of the husband, the common money between the two spouses may arise through the course of life between them, and it is known that the marital contract in Islam ends with one of only two: divorce or death, and so on. They have implications for joint funds; From here comes the importance of this study to solve the problem of disagreement over joint funds. the importance of studying . The shared money between the spouses is of great importance in the stability of the family and the building of society. Therefore, attention must be paid to the reality of the joint money, how it is managed, and the controls that govern it when disagreeing, so that the financial rights of both spouses are not lost. Which may negatively affect the stability and development of society. Objectives of the study : The study seeks to achieve a set of goals that would achieve balance in the issue of joint funds, and among these goals. 1- Attempting to find an accurate definition of the shared property between spouses 2- Establishing rules and controls for dealing in joint funds 3- A statement of the legal adjustment of the joint property of the spouses Research questions : Several questions revolve around this problem, including the following. 1- If the marital contract occurred and ended, then what is the fate of the common property between the spouses? 2- What is the matter if a dispute occurs between the spouses about this money? 3- What are the controls that can be referred to when the difference occurs? Through this research paper, we try to answer these questions in order to arrive at a legal adaptation to the problem of disagreement about the joint money between the spouses, and to explain the implications of that. By studying this topic in the following pages.