Malaysian Journal of Syariah and Law (MJSL)

The common money between the spouses known and dealt with in the Malay community, in the name of "harta sepencarian" is a juristic topic not discussed by the jurists in the explanation and statement in their books. It is a financial right that one of the spouses demands from the other in the event of divorce, death, or desire The husband is in the second marriage, so that one of them deserves some of the other's money, and this type of money is not like the financial right that a divorced wife takes from her husband known as 'the pleasure of the divorced woman', and it is also not among the money that the heirs deserve after the death of one of them. This research aims to study this money in terms of availability Through his approach to comparing Islamic jurisprudence and Malaysian law, the researcher studies the provisions of this money and analyzes its contemporary applications in ? society by explaining the relationship of this money to other types of financial rights in Islamic jurisprudence such as donation, alimony, and friendship. One of the results of the study reached by the researcher is that this type of money was not mentioned in the rituals of Islamic jurisprudence, and ancient and modern jurists did not address it with explanation and statement. The acceptance and recognition of the Sharia judiciary in Malaysia on this money depends mainly on two legal guides, namely custom and interest. Finally, the study emphasized the interest of Islam in women's affairs as it raised its status, preserved its dignity, and preserved its rights to life by granting this special financial right.