AN ANALYSIS OF JUDICIAL APPROACHES ON MATRIMONIAL ASSET DIVISION IN MALAYSIAN SYARIAH COURTS.

Autor: Sahari, Noorul Huda, Manan, Siti Khadijah Ab, Saidon, Rafeah, Ishak, Amal Hayati
Zdroj: Turkish Online Journal of Design, Art & Communication; 2018 Special Issue, Vol. 8, p1545-1551, 7p
Abstrakt: Financial contribution for family expenditure is measured by the court as an indirect contribution in matrimonial asset division to assess the proportion of sole effort assets. This contribution is assessed concurrently with other indirect contributions such as the homemaking contribution in taking care of the welfare of the family. The law of division of matrimonial asset concentrated too much on the contribution of parties that caused the parties taking a long time for settlement. Proving the contribution requires adequate evidence and lacking it caused difficulties for courts to reach a decision. This study investigate the effectiveness of the law through examining the judicial approaches particularly in assessing the indirect contribution of a spouse to determine the spouse's appropriate share of the assets. The study adopting qualitative method where data from reported cases and unreported courts cases from the year 2000-2012 were collected and analysed. Specific variables such as matrimonial property, considerable factors and proportion of share were analysed. The findings reveal that the Court expanded the application of indirect contribution to financial contributions of a working wife who used her salary for family expenditure. Therefore, this study suggests that willingness to widen the scope of considerations in dividing sole effort assets to the length of marriage is more practical in dividing the asset. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index