Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca

Most of the cases related to claims of matrimonial property or harta sepencarian are confined to existing personal property which existed or acquired during the marriage prior to the divorce, such as buildings, land, vehicles. However, many modern families are venturing into business either as a...

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Main Authors: Ibrahim, Norliah, Abd Ghadas, Zuhairah Ariff
Format: Article
Language:English
English
Published: UPM Press 2017
Subjects:
Online Access:http://irep.iium.edu.my/67184/
http://irep.iium.edu.my/67184/
http://irep.iium.edu.my/67184/7/67184%20Claims%20of%20intangible%20interest%20as%20matrimonial%20property%20at%20Shari%E2%80%99ah%20Courts.pdf
http://irep.iium.edu.my/67184/8/67184%20Claims%20of%20intangible%20interest%20as%20matrimonial%20property%20at%20Shari%E2%80%99ah%20Courts%20SCOPUS.pdf
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recordtype eprints
spelling iium-671842018-10-31T06:42:16Z http://irep.iium.edu.my/67184/ Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff KPG Malaysia Most of the cases related to claims of matrimonial property or harta sepencarian are confined to existing personal property which existed or acquired during the marriage prior to the divorce, such as buildings, land, vehicles. However, many modern families are venturing into business either as a principal means of generating income or as an additional measure to generate income. This has resulted in interest in intangible interests such as shares and investments in business (in addition to tangible ones). With the changes in proprietary interest, it is perceived that the scope of claims on matrimonial property shall also be revolutionised to include claims of future earning and intangible interests. This paper analyses cases related to matrimonial property claims in Shari’ah courts in Kelantan, Terengganu and Malacca. The objective is to highlight scope of claims and approaches of the Shari’ah courts in dealing with matrimonial property claims related to intangible interest, such as business interest and future earnings. The research was based on doctrinal and statutory analysis. UPM Press 2017-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/67184/7/67184%20Claims%20of%20intangible%20interest%20as%20matrimonial%20property%20at%20Shari%E2%80%99ah%20Courts.pdf application/pdf en http://irep.iium.edu.my/67184/8/67184%20Claims%20of%20intangible%20interest%20as%20matrimonial%20property%20at%20Shari%E2%80%99ah%20Courts%20SCOPUS.pdf Ibrahim, Norliah and Abd Ghadas, Zuhairah Ariff (2017) Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca. Pertanika Social Sciences & Humanities, 25 (S). pp. 97-103. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2025%20(S)%20Oct.%202017/JSSH(S)-0539-2017.pdf
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic KPG Malaysia
spellingShingle KPG Malaysia
Ibrahim, Norliah
Abd Ghadas, Zuhairah Ariff
Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca
description Most of the cases related to claims of matrimonial property or harta sepencarian are confined to existing personal property which existed or acquired during the marriage prior to the divorce, such as buildings, land, vehicles. However, many modern families are venturing into business either as a principal means of generating income or as an additional measure to generate income. This has resulted in interest in intangible interests such as shares and investments in business (in addition to tangible ones). With the changes in proprietary interest, it is perceived that the scope of claims on matrimonial property shall also be revolutionised to include claims of future earning and intangible interests. This paper analyses cases related to matrimonial property claims in Shari’ah courts in Kelantan, Terengganu and Malacca. The objective is to highlight scope of claims and approaches of the Shari’ah courts in dealing with matrimonial property claims related to intangible interest, such as business interest and future earnings. The research was based on doctrinal and statutory analysis.
format Article
author Ibrahim, Norliah
Abd Ghadas, Zuhairah Ariff
author_facet Ibrahim, Norliah
Abd Ghadas, Zuhairah Ariff
author_sort Ibrahim, Norliah
title Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca
title_short Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca
title_full Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca
title_fullStr Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca
title_full_unstemmed Claims of intangible interest as matrimonial property at Shari’ah Courts: a special reference to Kelantan,Terengganu and Malacca
title_sort claims of intangible interest as matrimonial property at shari’ah courts: a special reference to kelantan,terengganu and malacca
publisher UPM Press
publishDate 2017
url http://irep.iium.edu.my/67184/
http://irep.iium.edu.my/67184/
http://irep.iium.edu.my/67184/7/67184%20Claims%20of%20intangible%20interest%20as%20matrimonial%20property%20at%20Shari%E2%80%99ah%20Courts.pdf
http://irep.iium.edu.my/67184/8/67184%20Claims%20of%20intangible%20interest%20as%20matrimonial%20property%20at%20Shari%E2%80%99ah%20Courts%20SCOPUS.pdf
first_indexed 2023-09-18T21:35:23Z
last_indexed 2023-09-18T21:35:23Z
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