No abstract

Matrimonial property plays an important role in achieving family stability and in building the society. Therefore, due attention must be given to the reality of the matrimonial property, how it is managed and the rules governing it when disputes about it arise to protect the financial rights of both spouses from any damage that can threaten the stability and development of the society. This study has a number of objectives that can bring about balance regarding the issue of matrimonial property, including: Reaching an accurate definition of matrimonial property, Laying down the rules and guidelines of matrimonial property, Clarifying the legal characterization of matrimonial property.

Domestic violence is one of the most common types of human violence prevalent since ancient times. Violence has increased in contemporary societies, its causes have varied, its forms and colours have varied, and its effects on our Islamic societies have begun to appear tangible. Domestic violence has become one of the most important contemporary family problems. Especially, with the increasing forms and types of increasing violence and the consequent adverse effects on the family and community stability. The Shariah has dealt with this violence that may cause the dissolution of the family and the disintegration of its foundations, so Islamic Shariah law has put in place the provisions and regulations that guarantee the protection, stability and survival of the family. Problem Statement: With the development of life and the emergence of various developments and contemporary issues, the issue of domestic violence between members of the same family has emerged on the social scene, which negatively affects the security and stability of society, which requires contemporary researchers and jurists to search for solutions to such problems that are exacerbated from time to time.

In Malaysia, the law recognizes claims of jointly acquired property of spouse due to divorce, polygamy or death. For example, Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides for the jurisdiction of Court’s injunction in the division of jointly acquired property.  There is a disagreement among Muslim Jurists related to assets to the working wives throughout her marriage in terms of its status as a private property or jointly acquired property.  However problems arise when there are situations where the vast majority of domestic contributions are attributed to the property of the wife. These contributions can be seen beginning from the purchase of house, car and upbringing costs of children which are part of wife’s obligations. Therefore, the objective of this study is to identify the classification of assets of the working spouse as a jointly acquired property that is entitled to be claimed by the husband from Islamic perspective and subsequently analyze the custom recognition on it. This study is a qualitative study in which data is collected through studies from Islamic law scriptures and legal sources. Meanwhile, data analysis is carried out using content analysis methods through a descriptive approach.  The findings proved that the custom recognized the classification of property of a wife to be accepted as a jointly acquired property.  However for working wives who have incurred all additional needs, their property is classified as property that cannot be claimed by the husband in full. This study hopefully will contribute to the parties involved in jointly acquired property claims such as legislators and law practitioners to assess the classification of property working spouse as jointly acquired property that can be claimed by the husband. Abstrak Di Malaysia, undang-undang mengiktiraf tuntutan harta sepencarian atas faktor perceraian, poligami atau kematian. Sebagai contoh, seksyen 122, Enakmen Undang-Undang Keluarga Islam (Negeri Kedah Darul Aman) 2008, jelas memperuntukkan berkenaan bidangkuasa Mahkamah dalam memerintah pembahagian harta sepencarian. Terdapat khilaf dalam kalangan para fuqaha’ berkaitan harta milik isteri berpekerjaan sepanjang perkahwinan dari aspek statusnya sebagai harta persendirian atau harta sepencarian. Namun, timbul masalah apabila terdapat situasi di mana sebahagian besar sumbangan rumahtangga adalah berpunca daripada harta isteri. Sumbangan ini dapat dilihat bermula daripada pembelian rumah, kereta, kos asuhan anak-anak yang menjadi sebahagian daripada tanggungan isteri. Justeru itu, objektif kajian ini adalah untuk mengenalpasti pengklasifikasian harta isteri berpekerjaan sebagai harta sepencarian yang berhak dituntut oleh suami dari perspektif syarak, dan seterusnya menganalisis pengiktifaran ‘Urf ke atasnya. Kajian ini adalah kajian kualitatif di mana data kajian dikumpul melalui kajian kepustakaan daripada kitab-kitab fiqh islami dan sumber undang-undang. Sementara itu, analisis data dilakukan menggunakan kaedah analisis kandungan melalui pendekatan deskriptif. Hasil kajian membuktikan bahawa ‘Urf mengiktiraf pengklasifikasian harta isteri berpekerjaan sebagai harta sepencarian. Walau bagaimanapun, bagi isteri yang berkerjaya dan telah menanggung segala keperluan tambahan, harta mereka diklasifikasikan sebagai harta yang tidak boleh dituntut oleh suami dalam harta sepencarian. Kajian ini dapat memberi sumbangan kepada pihak-pihak yang terlibat dalam tuntutan harta sepencarian seperti penggubal undang-undang dan institusi-institusi mahkamah untuk menilai pengklasifikasian harta isteri berpekerjaan sebagai harta sepencarian yang boleh dituntut oleh suami.

It is well known that women in pre-Islamic Jahiliyya and before Islam were practiced at all levels, so they were not a worthy thing, and society at that time did not recognize her any of the rights, whether they were moral or financial rights. Rather, they were bequeathed similarly to that as the goods that were inherited until Islam came and higher than that responded to their dignity and make them synonymous with the man he says (not Taatmnoa what is the virtue of God with one another for men's share, which gained for women's share, which gained and ask Allah of his bounty that God had knowledge of all things) women: 32, and the campus on Aladhar men and Adilha said Gel would (O ye who believe, do not you solve that women do not possess ing Tedlohn to go to some of Ateetmohn but come Pfahach indicating the interpretation of the meaning Ltamohn may be that you dislike a thing and Allah makes it much good) women: 19 This is for women in general, as for the wife, he has proven to her rights arising from marriage, such as the dowry, maintenance, clothing, pleasure, her right to inheritance after the death of the husband, and other rights that were dealt with in detail by the ancient jurists. As circumstances have changed, and in the past women are no longer content to sit at home and take care of the affairs of the husband and children. The woman went out to work and began to contribute to the financial burdens alongside her husband, in addition to that the emergence of women's rights associations that began to advocate for the right of women to share money with the husband. The beneficiary during the period of marriage and considering her work at home as a work that deserves a wage, and the emergence of legislation in some Islamic countries, such as Tunisia and Malaysia, for example, giving the wife the right to share with the husband the money collected during marital life, all of this prompted me to contribute to shedding light on this issue that was not addressed to it. The old jurists and I thought to shed light on the types of money gained during married life, and the ruling for each type is as follows: 1- Private funds for both spouses before the establishment of married life. 2- Funds obtained as a result of a partnership between the spouses 3- Funds obtained as a result of women working with men. 4- Funds obtained as a result of the woman working alone, excluding her unemployed husband. 5- Funds obtained by the husband only, without any direct participation of the woman in its collection. 6- Fatwas and legislations in some Islamic countries regarding this matter. The research was concluded with a conclusion that includes the most important findings and recommendations that the researcher sees.