The effectiveness of Sulh on matrimonial asset division after death of spouse
Distribution of matrimonial asset to deceased’s spouse often faced with obstacles and took longer time to be settled. This is due to the current provision relating to division of matrimonial asset emphasized on the parties’ contribution to determine the appropriate proportion to the deceased’s sp...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Universiti Putra Malaysia Press
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/47710/ http://irep.iium.edu.my/47710/ http://irep.iium.edu.my/47710/1/47710_The_Effectiveness_of_Sulh_on_Matrimonial.pdf |
| Summary: | Distribution of matrimonial asset to deceased’s spouse often faced with obstacles and took
longer time to be settled. This is due to the current provision relating to division of matrimonial
asset emphasized on the parties’ contribution to determine the appropriate proportion to the
deceased’s spouse. Lack of evidence especially in proving the contribution of parties has caused
difficulties for courts to reach decision. This study is aimed to examine the effectiveness of sulh
with regards the distribution of matrimonial asset upon the death of spouse. The study uses
qualitative method by collecting information from unreported cases within the period of 2000-2012
from six zones representing Syariah Courts in Malaysia. Analysis is made based on several
variables such as types of matrimonial property, factors for consideration and proportion of
distribution of the assets. The findings show that sulh was an effective method to resolve issues
relating to the contribution of parties in division of matrimonial asset due to death of spouse. The
findings also discovered that exclusive ownership of matrimonial asset especially matrimonial
home to the deceased’s wife could provide adequate security and protection for her survival after
the death of husband. Therefore, this study suggests that the use of sulh as a mode of dividing the
matrimonial asset is to be widely practiced when dealing with the division of matrimonial assets to
prevent a costly and lengthy litigation process. Perhaps this is the first study to focus on sulh
methods involving distribution of matrimonial asset to spouses after the death of their husband or
wife. |
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