Protection of rights in divorce

• Main Author: Kamaruddin, Zaleha
• Format: Article
• Language: English; English
• Published: Star Publications (M) Bhd. 2010
• Subjects: HQ503 The family. Marriage. Home; KBP1 Islamic law.Shariah.Fiqh
• Online Access: http://irep.iium.edu.my/6256/1/Protection_of_rights_in_divorce.mht; http://irep.iium.edu.my/6256/2/protection.pdf; http://irep.iium.edu.my/6256/; http://thestar.com.my/columnists/story.asp?file=/2010/6/22/columnists/ikimviews/6484351&sec=ikimviews
• Institution: Universiti Islam Antarabangsa Malaysia

Conversion can be no excuse for avoiding prior marriage obligations. WHEN a man embraces Islam just before a divorce, where will the matrimonial property go? This difficult question is only the tip of the iceberg of the current legal limbo in issues relating to conversion. This and various other questions need to be answered, because in cases of conversion of one party to the marriage, the effect of the conversion is colossal - especially on other persons (spouse and children) who have some rights vested in them before the conversion. Under the Law Reform (Marriage and Divorce) Act, 1976, the court has the power, when granting a decree of divorce, to order the division of property acquired by them during the marriage. The division of property does not involve any legal conflict because the division of the respective parties’ acquired properties during their civil marriage does not involve the element of faith. ....