The Legal Recognition of a Wife?s Rights of Harta Sepencharian in Malaysia
The distribution of Harta Sepencharian (classical Malay language for ``matrimonial property'') is a complex area within Islamic jurisprudence. The primary reason for the division of Harta Sepencharian is to acknowledge the ownership of each spouse (husband and wife), either directly or ind...
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| Main Authors: | , , , |
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| Format: | Article |
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Research Institute of Asian Women
2023
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| Subjects: | |
| Online Access: | http://eprints.um.edu.my/38501/ |
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| Institution: | Universiti Malaya |
| Summary: | The distribution of Harta Sepencharian (classical Malay language for ``matrimonial property'') is a complex area within Islamic jurisprudence. The primary reason for the division of Harta Sepencharian is to acknowledge the ownership of each spouse (husband and wife), either directly or indirectly, to the property/ies acquired during their marriage and the means to divide the property/ies accordingly in the event of divorce or death. In Malaysia, the Shari'ah Court plays a vital role in ensuring fair and equitable protection of Muslim Malay women's rights to matrimonial property. The issue arises when there is a dispute as to the quantum of property distribution, especially if there is a divorce or when one spouse is deceased without leaving any will or clear instructions regarding property distribution. This study analyzes the Harta Sepencharian distribution practices and the governing statutes that dictate proper guidelines on how property is divided, whether jointly or solely acquired in Malaysia. This will include a discussion on the jurisdiction of the Shari'ah Court in recognizing women's rights and contributions for a fair distribution of the Harta Sepencharian, vis-a-vis the relevant provisions and decided cases. |
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