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...

Full description

Bibliographic Details
Main Authors:	Sahari, Noorul Huda, Mohd Zin, Najibah, Ibrahim, Norliah, Saidon, Rafeah
Format:	Article
Language:	English
Published:	Universiti Putra Malaysia Press 2015
Subjects:	K Law (General) KBP Islamic Law
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

id	iium-47710
recordtype	eprints
spelling	iium-477102018-05-21T05:55:27Z http://irep.iium.edu.my/47710/ The effectiveness of Sulh on matrimonial asset division after death of spouse Sahari, Noorul Huda Mohd Zin, Najibah Ibrahim, Norliah Saidon, Rafeah K Law (General) KBP Islamic Law 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. Universiti Putra Malaysia Press 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/47710/1/47710_The_Effectiveness_of_Sulh_on_Matrimonial.pdf Sahari, Noorul Huda and Mohd Zin, Najibah and Ibrahim, Norliah and Saidon, Rafeah (2015) The effectiveness of Sulh on matrimonial asset division after death of spouse. Pertanika Journal of Social Sciences & Humanities (JSSH), 23 (S). pp. 141-152. ISSN 2231-8534 (O), 0128-7702 (P) E-ISSN 2231-8534 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20(S)%20Nov.%202015/13%20JSSH%20Vol%2023%20(S)%20Nov%202015_pg141-152.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Sahari, Noorul Huda Mohd Zin, Najibah Ibrahim, Norliah Saidon, Rafeah The effectiveness of Sulh on matrimonial asset division after death of spouse
description	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.
format	Article
author	Sahari, Noorul Huda Mohd Zin, Najibah Ibrahim, Norliah Saidon, Rafeah
author_facet	Sahari, Noorul Huda Mohd Zin, Najibah Ibrahim, Norliah Saidon, Rafeah
author_sort	Sahari, Noorul Huda
title	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_short	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_full	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_fullStr	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_full_unstemmed	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_sort	effectiveness of sulh on matrimonial asset division after death of spouse
publisher	Universiti Putra Malaysia Press
publishDate	2015
url	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
first_indexed	2023-09-18T21:07:51Z
last_indexed	2023-09-18T21:07:51Z
_version_	1777411053669318656

The effectiveness of Sulh on matrimonial asset division after death of spouse

Similar Items