Publication: Sumbangan Simbolik Dalam Pembahagian Aset Harta Sepencarian di Malaysia:Satu Permintaan Pasca Perceraian
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Date
2021-04
Journal Title
Journal ISSN
Volume Title
Publisher
USIM Press
Abstract
Islamic Family Law Act or Enactment of the States in Malaysia has recognised that such property may be demanded or claimed by the husband and wife during the normal marriage period or when the husband wishes to polygamy. Such property can also be claimed after the death of one of the spouses or the dissolution of marriage through divorce or one of the apostasy couples and the religion of other religions. The Strategic Plan to portray Malaysia's face in the Common Prosperity Vision was born after the end of the National Vision Policy 2020 and the Vision of TN50 championing the same laws to protect women's rights, so that these groups could plan their future finances even as a wife or wives of polygamous husbands (honey), wife who’s husband death (widow), widow, and single mother. Symbolic contribution to jointly acquired property claims is a form of property distribution given specifically for women and this practice is provided under Islamic family law in Malaysia. Symbolic contribution of this property can only be applied in the Syariah High Court during the period of marriage and upon divorce, polygamy or death. The first objective of this study is to identify the provisions of laws relating to jointly acquired property. The second objective is to analyze cases decided by the courts in relation to claims of jointly acquired property. The third objective is to propose a simple, fast and friendly standard operating procedure for jointly acquired property applications. The study used qualitative methodology. Content analysis methods are also applied where most of the library-sourced materials consist of primary and secondary data. The main data is collected from the book fiqh to explain how the fiqh method is applied. The provisions of the law in the Kedah State Islamic Family Law Enactment 2008 and other relevant statutes as well as related legal cases are also referred to. In addition, the method of observation and reference of the original case in court is also implemented. Secondary data is based on published materials, such as textbooks, journal articles, online databases and the Internet. For analysis, this study uses a combined method of data analysis, i.e. descriptive, critical and comparative approach. The judges' statements in each case are thoroughly examined and followed by rational justification. The results show that the harmonisation of fiqh law and legal adaptation on jointly acquired property is the best law to apply especially by islamic family law institutions. The goal of giving symbolic contributions to jointly acquired assets is to maintain the best interests for married couples according to the context of the ‘uruf in Malaysia. Therefore, the laws and guidelines in force are parallel and do not contradict the ruling of fiqh in Islam. It also guarantees that the couple will benefit from the distribution of property in marriage and after a divorce, polygamy or death. What the government has implemented is a necessity to protect the welfare of couples by introducing certain procedures to ensure justice for the husband and wife in the future in safeguarding the welfare and justice of the wife.
Description
Vol. 24 No. 2 (2021): Special Edition
Keywords
Symbolic Contribution -Property Protection –Jointly Acquired Property or assets–Islamic Family Law)
Citation
Tajul Urus, N. S., Awang, S., Samsudin, M. S., & Azhar, A. (2021). Sumbangan Simbolik Dalam Pembahagian Aset Harta Sepencarian di Malaysia:Satu Permintaan Pasxa Perceraian: Symbolic Contribution In The Distribution of Jointly Acquired Assets in Malaysia:A Post-Divorce Demand. Journal of Fatwa Management and Research, 24(2), 1-39. https://doi.org/10.33102/jfatwa.vol24no2.349