Tuntutan harta sepencarian dan amalan penyelesaian: kajian terhadap kes-kes Mal di Mahkamah Tinggi Syariah Alor Setar

• Main Author: Khairani, Nawawi
• Format: Thesis
• Language: English; English; English
• Published: 2019
• Subjects: K Law (General)
• Online Access: https://etd.uum.edu.my/8571/1/s813139_01.pdf; https://etd.uum.edu.my/8571/2/s813139_02.pdf; https://etd.uum.edu.my/8571/3/s813139_references.docx; https://etd.uum.edu.my/8571/
• Institution: Universiti Utara Malaysia

Matrimonial property is one form of asset division types that exist in Malaysia. It has been in use since a long time without a depth study into the Syariah laws. This matter has caused the courts in each state to not have a specific guideline especially for the rate that will be acquired by the spouse. In the same time, observation from Islamic legal experts in the state of Kedah claimed that currently, the society has not fully grasp the understanding of matrimonial property issues. Based on that, the objectives of this study is to identify the different categories in the claim of matrimonial property and the methods involved in solving the issue in the Alor Setar Syariah High Court. Furthermore, this study analyses the distribution rate in the cases of the claim of matrimonial property that has been practiced in the court. Qualitative design method is used in this research. In order to obtain the data, literature reviews and interviews were done. The data collected were then evaluated by content analysis. The findings of this study shows that there are three types of the claim of matrimonial property that encompasses death, divorce and polygamy. The solution involves the Sulh judiciary and agreement. The research found that there are three rates that are decided by the Judge of Alor Setar Syariah High Court which are 1/2, 2/3 and 3/4 of the total wealth of the couple. This study is able to inform the society regarding the matter of the claim of matrimonial property as well as to serve as a guide to the judges in resolving this issue.