Islam guaranteed marital life with great security and care, surrounded it with great concern for the sake of preserving it and made one of its most important goals of affection and compassion that send reassurance and fruitful cooperation between the spouses, so that each of them helps the other in earnings and sources of livelihood. If the marital relationship between them broke down, each of them will sought to demand the other for his/her share of this joint fortune away from stipulated legal dues such as inheritance and alimony. The question is, what is the definition of this money? Does it exist in the old Islamic jurisprudence? What is the legitimacy of the claim of this money by one of the spouses or their heirs in these cases? And to what extent is the interest achieved or hardship avoided by him/her in obtaining what she/he is demanding? What is the attitude of the Malaysian Judiciary and its legal text on that issue? What is the stand of the official fatwa departments on this issue? What are the legal evidences on which these are based in determining whether it is due or rejected based on fatwa?  Are there other countries have adopted this system other than Malaysia?  This research is focusing on this contemporary issue, addressing it in the light of the laws of three countries, namely Malaysia, Morocco and Tunisia as the latter two have agreed on this principle and work in this system, and according to three trends in Malaysian society as the research such as: jurisprudence, fatwa dan judiciary.  This research proceeds with descriptive methodology in inference of terms of jurisprudence and analysis of position of Malaysian law with reference to the sources adopted in every jurisprudential art and commitment to scientific and technical controls adopted in scientific research.

The purpose of this research is to find out new offerings and strategies according to Islam in implementing the science of mawarist in the society which were studied by CMS (Center for Mawarits Studies) UNIDA Gontor. Mawarits Science is one of the branches of science that must be studied by Muslims following with the advice of the Prophet Muhammad SAW because the mawarits science will be lost if no one learns and teaches it. Disputes between heirs often occur if the distribution of inheritance is considered unfair or not following with applicable law or norms. Inheritance matters are included in the civil realm so there are laws governing this issue. Sometimes in the distribution of inheritance using civil law, customary law and Islamic inheritance law (mawarits). The main task of the CMS (Center For Mawarits Studies) is to educate Muslim families related to the science of mawarits. This research is a qualitative Research that uses a sociological-normative approach with descriptive analysis, as for the data collection techniques with observation, interviews and documentation. The results of this study are several offers and education from CMS to the whole community especially Muslim families to implement the science of mawarits, including; forming KSM (Family Awareness of Mawarits) through studies in the mosque, seminars with the theme PSP method (Determination Before Distribution). Even though the distribution of assets uses the science of mawarist the family still has to register the distribution of inheritance in the form of land and property to the local officials so that they are legally binding. By understanding and implementing the science of mawarist the whole community especially muslim families have practiced sharia and aqeeda, hablun minallah and hablun minannas. Abstrak: Tujuan dari penelitian ini adalah untuk mengetahui tawaran dan strategi baru menurut Islam dalam mengimplementasikan ilmu mawarist di masyarakat yang dikaji oleh CMS (Centre For Mawarits Studies) UNIDA Gontor. Ilmu Mawarits adalah salah satu cabang ilmu yang wajib dipelajari oleh umat Islam sesuai dengan anjuran Nabi Muhammad SAW karena ilmu mawarits ini akan hilang apabila tidak ada yang mempelajari dan mengajarkannya. Perselisihan ahli waris sering terjadi apabila dalam

One of the most important goals of the marital relationship is the affection and compassion that drive spouses to cooperate together in earning their livelihood. When the marital relationship breaks down, each of the spouses would claim his/her share of the matrimonial property; such claim is different from the stipulated legal dues such as the inheritance and the alimony. The question is, what is the definition of the matrimonial property? Does this concept exist in the old Islamic jurisprudence? Is it legal to claim this money by one of the spouses or their heirs? And to what extent is the interest achieved or hardship avoided if the claimant is given his/her share? What is the position of the Malaysian Judiciary and its legal text on that issue? What is the stand of the official fatwa departments on this issue? What are the types of legal evidence cited by the different fatwas related to the matrimonial property? Moreover, are there countries other than Malaysia that have adopted this system?