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Indian Journal of Public Health Research & Development
Year : 2018, Volume : 9, Issue : 11
First page : ( 1423) Last page : ( 1429)
Print ISSN : 0976-0245. Online ISSN : 0976-5506.
Article DOI : 10.5958/0976-5506.2018.01651.0

The matrimonial property: Causes of claim and distribution rate in the alor setar syariah high court

Dahlan Mohd Akram Bin Dato’ Dahaman1, Bt Nawawi Khairani1

1Civilization and Philosophy Department, School of Languages, Civilization and Philosophy (SLCP), UUM CAS, Universiti Utara Malaysia, Sintok, Malaysia

Online published on 7 December, 2018.

Abstract

Matrimonial property or hartasepencarian is a form of property division that is practiced by the Malaysian Malay Muslim community based on the custom of people in the Nusantara. Terms such as ‘carianlakibini’ as in the pepatih custom and other states customs in the South-East Asia regions as proposed by Sheikh Ahmed bin Zain al-Fatani are clear evidence of these practices. On this basis, in Kedah there are two issues that need to be examined which are; the reason of matrimonial property and rate of equitable division as it is not the same in other states. A study in the form of content analysis is conducted on cases that were listed and discussed in the Syariah High Court, AlorSetar as the court is empowered to resolve mal(financial) issues. Based on the analysis, there are three conditions that lead to matrimonial property claim. The causes are divorce, the death of a spouse and polygamous marriages. Based on the analysis made, it is shown that all three conditions have been given a strong base by the Syariah High Court for a claim to be a case. Whereas in connection with the claim, there are three rates as the solution to a matrimonial property claim which are 1/2: 1/2, 1/3, 2/3 and 3/4: 1/4. These divisions are made by looking at the facts and evidence of contributions of both the husband and wife, directly or indirectly. Based on the analysis made, it is shown that all three of rates have been applied by the Syariah High Court to resolve all cases billed in this Court.

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Keywords

Matrimonial Property, Syariah High Court AlorSetar, Causes of Claim, Distribution Rates.

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