Konsep Uruf Dan Maslahah Sebagai Sumber Rujukan: Status Wanita Terhadap Harta Sepencarian Dalam Perundangan Islam Di Malaysia

The matrimonial property (harta sepencarian) means the property acquired during
the marriage of a husband and his wife as a result of their shared resources or efforts.
There is no explanation about this kind of property in the classical fiqh studies.
In practice, the property will be claimed by one of the spouses after the divorce, death,
or the occurrence of second marriage. This article aims to study this type of property
based on Islamic jurisprudence and law in Malaysia. Based on analytical and
comparative methods, the researcher analyzes its legal status, implementation in
society, and relationship between this kind of property and other types of properties
in Islamic law, such as: hibah, nafkah, dowry, wasiat, mut'ah and even inheritance.
Results of the study showed that harta sepencarian is a practice in Malay
society since long time ago. It has been recognized by the Syariah court in
Malaysia based on two sources of Islamic law ‘Uruf and Maslahah which
referred to Qur’an and Sunnah. Guided by this, Islam is known as a religion that
cares about family affairs especially women by placing them in high regard,
maintaining their dignity, and preserving such rights as the right harta sepencarian.