Publication: Pengklasifikasikan Harta Isteri Berpekerjaan Sebagai Harta Sepencarian:Satu Analisis Hukum dari Perspekftif 'Urf
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Date
2021-04
Journal Title
Journal ISSN
Volume Title
Publisher
USIM Press
Abstract
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.
Description
Vol. 24 No. 2 (2021): Special Edition
Keywords
Classification, Carrier's Wife Property, Jointly Acquired Property, 'Urf.
Citation
Mohd Zainon, M. ., Abu Bakar, M., Gomaa Zaghloul, S. G., Tajul Urus, N. S., & Mohd Yusoff, M. (2021). Pengklasifikasikan Harta Isteri Berpekerjaan Sebagai Harta Sepencarian:Satu Analisis Hukum dari Perspekftif ’Urf: Classification of Property of a Carrier Wife as a Jointly Acquired Property:A Legal Analysis from The Perspective of ’Urf. Journal of Fatwa Management and Research, 24(2), 40-59. https://doi.org/10.33102/jfatwa.vol24no2.348