The effectiveness of Sulh on matrimonial asset division after death of spouse

Distribution of matrimonial asset to deceased’s spouse often faced with obstacles and took longer time to be settled. This is due to the current provision relating to division of matrimonial asset emphasized on the parties’ contribution to determine the appropriate proportion to the deceased’s spous...

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Bibliographic Details
Main Authors:	Sahari, Noorul Huda, Mohd Zin, Najibah, Saidon, Rafeah
Format:	Conference or Workshop Item
Language:	English
Published:	2015
Subjects:	KBP524 Aḥwāl shakhṣīyah
Online Access:	http://irep.iium.edu.my/43354/ http://irep.iium.edu.my/43354/ http://irep.iium.edu.my/43354/1/the_effectiveness_of_sulh.pdf

id	iium-43354
recordtype	eprints
spelling	iium-433542018-05-21T06:01:59Z http://irep.iium.edu.my/43354/ The effectiveness of Sulh on matrimonial asset division after death of spouse Sahari, Noorul Huda Mohd Zin, Najibah Saidon, Rafeah KBP524 Aḥwāl shakhṣīyah Distribution of matrimonial asset to deceased’s spouse often faced with obstacles and took longer time to be settled. This is due to the current provision relating to division of matrimonial asset emphasized on the parties’ contribution to determine the appropriate proportion to the deceased’s spouse. Lack of evidence especially in proving the contribution of parties has caused difficulties for courts to reach decision. This study is aimed to examine the effectiveness of sulh with regards the distribution of matrimonial asset upon the death of spouse. The study uses qualitative method by collecting information from unreported cases within the period of 2000-2012 from six zones representing Syariah Courts in Malaysia. Analysis is made based on several variables such as types of matrimonial property, factors for consideration and proportion of distribution of the assets. The findings show that sulh was an effective method to resolve issues relating to the contribution of parties in division of matrimonial asset due to death of spouse. The findings also discovered that exclusive ownership of matrimonial asset especially matrimonial home to the deceased’s wife could provide adequate security and protection for her survival after the death of husband. Therefore, this study suggests that the use of sulh as a mode of dividing the matrimonial asset is to be widely practiced when dealing with the division of matrimonial assets to prevent a costly and lengthy litigation process. Perhaps this is the first study to focus on sulh methods involving distribution of matrimonial asset to spouses after the death of their husband or wife. 2015 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/43354/1/the_effectiveness_of_sulh.pdf Sahari, Noorul Huda and Mohd Zin, Najibah and Saidon, Rafeah (2015) The effectiveness of Sulh on matrimonial asset division after death of spouse. In: 4th International Conference on Law & Society (ICLAS IV) 2015 , 10th-11th May 2015, Auditorium, Academic Building (UniSZA), Kuala Trengganu. https://www.unisza.edu.my/iclas2015/index.php?option=com_content&view=featured
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP524 Aḥwāl shakhṣīyah
spellingShingle	KBP524 Aḥwāl shakhṣīyah Sahari, Noorul Huda Mohd Zin, Najibah Saidon, Rafeah The effectiveness of Sulh on matrimonial asset division after death of spouse
description	Distribution of matrimonial asset to deceased’s spouse often faced with obstacles and took longer time to be settled. This is due to the current provision relating to division of matrimonial asset emphasized on the parties’ contribution to determine the appropriate proportion to the deceased’s spouse. Lack of evidence especially in proving the contribution of parties has caused difficulties for courts to reach decision. This study is aimed to examine the effectiveness of sulh with regards the distribution of matrimonial asset upon the death of spouse. The study uses qualitative method by collecting information from unreported cases within the period of 2000-2012 from six zones representing Syariah Courts in Malaysia. Analysis is made based on several variables such as types of matrimonial property, factors for consideration and proportion of distribution of the assets. The findings show that sulh was an effective method to resolve issues relating to the contribution of parties in division of matrimonial asset due to death of spouse. The findings also discovered that exclusive ownership of matrimonial asset especially matrimonial home to the deceased’s wife could provide adequate security and protection for her survival after the death of husband. Therefore, this study suggests that the use of sulh as a mode of dividing the matrimonial asset is to be widely practiced when dealing with the division of matrimonial assets to prevent a costly and lengthy litigation process. Perhaps this is the first study to focus on sulh methods involving distribution of matrimonial asset to spouses after the death of their husband or wife.
format	Conference or Workshop Item
author	Sahari, Noorul Huda Mohd Zin, Najibah Saidon, Rafeah
author_facet	Sahari, Noorul Huda Mohd Zin, Najibah Saidon, Rafeah
author_sort	Sahari, Noorul Huda
title	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_short	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_full	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_fullStr	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_full_unstemmed	The effectiveness of Sulh on matrimonial asset division after death of spouse
title_sort	effectiveness of sulh on matrimonial asset division after death of spouse
publishDate	2015
url	http://irep.iium.edu.my/43354/ http://irep.iium.edu.my/43354/ http://irep.iium.edu.my/43354/1/the_effectiveness_of_sulh.pdf
first_indexed	2023-09-18T21:01:46Z
last_indexed	2023-09-18T21:01:46Z
_version_	1777410670889795584

The effectiveness of Sulh on matrimonial asset division after death of spouse

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