Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective

One of the claims that may be made against the deceased’s estate is the claim by the surviving spouse for a fair share in the matrimonial assets acquired by parties during their marriage by their joint efforts. Whilst there is a clear provision on the right of the spouse to claim for a fair share in...

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Main Authors: Arshad, Azhani, Halim, Akmal Hidayah
Format: Conference or Workshop Item
Language:English
English
Published: 2014
Subjects:
Online Access:http://irep.iium.edu.my/41137/
http://irep.iium.edu.my/41137/
http://irep.iium.edu.my/41137/1/Claiming_for_a_Fair_Share.pdf
http://irep.iium.edu.my/41137/2/Claiming_for_a_Fair_Share_ppt.pdf
id iium-41137
recordtype eprints
spelling iium-411372015-03-25T02:57:38Z http://irep.iium.edu.my/41137/ Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective Arshad, Azhani Halim, Akmal Hidayah K Law (General) One of the claims that may be made against the deceased’s estate is the claim by the surviving spouse for a fair share in the matrimonial assets acquired by parties during their marriage by their joint efforts. Whilst there is a clear provision on the right of the spouse to claim for a fair share in the matrimonial partnership upon divorce, the written law is silent on such a claim to be made upon death. As for the Muslims, a claim to matrimonial assets upon death is allowed based on the practice of the Syariah Courts which has recognised for such a claim to be made not only by the surviving spouse but also by the former spouse and estate beneficiaries. With regards to the non-Muslims, it is an established law that such a claim is only allowed to be made upon divorce, and not death. Hence, one question that has always nagged the surviving spouse is that how would he or she claims for a fair share in the matrimonial partnership upon death. Thus, this paper seeks to examine the position of such a claim from the Malaysian legal perspective and to analyse the present law and procedure for the purpose of such claim. The paper also aims to identify the possible method to claim for a fair share in the matrimonial assets for the non-Muslims under the law of contract and also under the law of trust. This paper employed the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions as provided by the Islamic family law statutes and the Law Reform (Marriage and Divorce) Act 1976, case law and other legal and non-legal literatures relating to such claim. 2014 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/41137/1/Claiming_for_a_Fair_Share.pdf application/pdf en http://irep.iium.edu.my/41137/2/Claiming_for_a_Fair_Share_ppt.pdf Arshad, Azhani and Halim, Akmal Hidayah (2014) Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective. In: Global Conference on Business and Social Science (GBSS 2014), 15-15 December 2016, Kuala Lumpur. http://gcbss.org/
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic K Law (General)
spellingShingle K Law (General)
Arshad, Azhani
Halim, Akmal Hidayah
Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective
description One of the claims that may be made against the deceased’s estate is the claim by the surviving spouse for a fair share in the matrimonial assets acquired by parties during their marriage by their joint efforts. Whilst there is a clear provision on the right of the spouse to claim for a fair share in the matrimonial partnership upon divorce, the written law is silent on such a claim to be made upon death. As for the Muslims, a claim to matrimonial assets upon death is allowed based on the practice of the Syariah Courts which has recognised for such a claim to be made not only by the surviving spouse but also by the former spouse and estate beneficiaries. With regards to the non-Muslims, it is an established law that such a claim is only allowed to be made upon divorce, and not death. Hence, one question that has always nagged the surviving spouse is that how would he or she claims for a fair share in the matrimonial partnership upon death. Thus, this paper seeks to examine the position of such a claim from the Malaysian legal perspective and to analyse the present law and procedure for the purpose of such claim. The paper also aims to identify the possible method to claim for a fair share in the matrimonial assets for the non-Muslims under the law of contract and also under the law of trust. This paper employed the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions as provided by the Islamic family law statutes and the Law Reform (Marriage and Divorce) Act 1976, case law and other legal and non-legal literatures relating to such claim.
format Conference or Workshop Item
author Arshad, Azhani
Halim, Akmal Hidayah
author_facet Arshad, Azhani
Halim, Akmal Hidayah
author_sort Arshad, Azhani
title Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective
title_short Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective
title_full Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective
title_fullStr Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective
title_full_unstemmed Claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the Malaysian legal perspective
title_sort claiming for a fair share in the matrimonial partnership upon death: the right of the surviving spouse from the malaysian legal perspective
publishDate 2014
url http://irep.iium.edu.my/41137/
http://irep.iium.edu.my/41137/
http://irep.iium.edu.my/41137/1/Claiming_for_a_Fair_Share.pdf
http://irep.iium.edu.my/41137/2/Claiming_for_a_Fair_Share_ppt.pdf
first_indexed 2023-09-18T20:58:56Z
last_indexed 2023-09-18T20:58:56Z
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