Division of Matrimonial Property in Malaysia: The Legal Historical Perspective

Ibrahim, Norliah; Hak, Nora Abdul

doi:10.22452/sejarah.vol15no15.8

Cited by 2 publications

(2 citation statements)

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“…The most common argument in jointly acquired property claims happened when the property obtained solely because of the efforts only from one party (Ibrahim & Hak, 2007). In this situation, the husbands are not aware of the indirect contribution that has been given by the wife and always deny wife's right in the matters of acquiring the property during the marriage period.…”

Section: Sole Venture and Implied Contribution Elementsmentioning

confidence: 99%

“…That type of claims should be allowed and considered as appropriate because denying the right of the spouse cause injustice, especially when it can be proven that the surviving party has contributed to acquire the property. It is exceptional if the surviving party volunteer on leaving the deceased's property and does not want to claim his or her right on the property (Ibrahim & Hak, 2007).…”

Section:  the Event Of Deathmentioning

confidence: 99%

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Implied contributions for jointly acquired property based on Islamic family law in Malaysia

Samsudin¹,

Urus²,

Awang³

et al. 2021

lingcure

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The Islamic Family Law Enactment for the states in Malaysia have recognized that jointly acquired property can be claimed by a Muslim woman due to death, divorce, or polygamy. It is in line with the TN50 target to empower women and elevate the dignity of women and prepare them for 2050. Besides that, the legal stipulation shows the law protects the rights of women to enables them to prepare for their future financial planning even after becoming widows or single mothers. The first objective of this study is to identify the legal provisions related to jointly acquired property. The second objective is to highlights the previous studies and cases related to jointly acquired property claims and the third is to propose a simple, quick and friendly standard procedure for jointly acquired property applications. This paper is also expected to provide an understanding regarding on jointly acquired property for future research.

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Section: Sole Venture and Implied Contribution Elementsmentioning

confidence: 99%

Section:  the Event Of Deathmentioning

confidence: 99%

Implied contributions for jointly acquired property based on Islamic family law in Malaysia

Samsudin¹,

Urus²,

Awang³

et al. 2021

lingcure

View full text Add to dashboard Cite

show abstract

Prenuptial Agreement: Legal Position in Malaysia

Rajamanickam

Kung²,

Shariff

et al. 2019

AJIS

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Prenuptial agreements are agreements made by couples before marriage concerning their assets. There are indeed many couples opting to prenuptial agreements before marriage. Prenuptial agreements can be very positive experience to some. A plethora of cases in England and other common law jurisdictions shows that prenuptial agreements are enforceable. However, there is a lacuna in law as regards to the position of prenuptial agreements in Malaysia. In other words, the legislation in Malaysia is still unclear on this issue. Being a pure legal study, the conducted research has been based on the qualitative design. Data and materials on prenuptial agreements are collected via library research method. These data and materials are then analysed by way of content and critical analysis methods. This article analyses the enforceability of prenuptial agreements by the common law in England, eventually comparing it to that of the Malaysian legal scenario. It then strives at identifying problems relating to such legal enforcement in Malaysia. This article eventually offers some legal suggestions on how to validate and enforce prenuptial agreements in Malaysia.

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Division of Matrimonial Property in Malaysia: The Legal Historical Perspective

Cited by 2 publications

References 0 publications

Implied contributions for jointly acquired property based on Islamic family law in Malaysia

Implied contributions for jointly acquired property based on Islamic family law in Malaysia

Prenuptial Agreement: Legal Position in Malaysia

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