Examining the exisiting provisions and regulation on matrimonial asset involving matrimonial home

Sahari, Noorul Huda and Mohd Zin, Najibah and Abd Manan, Siti Khadijah and Saidon, Rafeah and Mohd Daud, Norzaidi (2014) Examining the exisiting provisions and regulation on matrimonial asset involving matrimonial home. Middle-East Journal of Scientific Research , 21 (10). pp. 1813-1822. ISSN 1990-9233 E-ISSN 1999-8147

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Abstract

This paper aimed to examine the existing provisions and regulation with regards distribution of matrimonial asset involving matrimonial home. The study adopted a qualitative method and the samples were collected from six zones representing Shariah Courts in Malaysia. The findings show that the rigidity in the provision cause inconsistency in the practice of the court where the court cannot fully comply with the existing proportion in the stated provision. The transfer of matrimonial home to the divorced wife is among the agreed division achieved in sulh and it is considered a practical approach in protecting the interest of the wife and children for support after divorce. This study is perhaps the first that concentrate on matrimonial asset involving matrimonial home.

Item Type:	Article (Journal)
Additional Information:	665/48285
Uncontrolled Keywords:	Fair Division, Judicial Approaches, Matrimonial Home, Malaysia Shariah Court
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Prof. Dr Najibah Mohd Zin
Date Deposited:	09 Mar 2016 15:29
Last Modified:	04 Jan 2018 11:47
URI:	http://irep.iium.edu.my/id/eprint/48285

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