Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]

Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]

This study aims to examine the practice of sulh (mutual agreement) in dividing matrimonial asset after divorce, upon the death of a spouse and polygamous marriage. The study adopted qualitative method where analysis is conducted on a purposive sampling of unreported cases collected within the period...

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Main Authors: Sahari, Noorul Huda, Mohd. Zain, Najibah, Ab. Manan, Siti Khadijah, Saedon, Rafeah, Muhd Hashim, Nurhidayah
Format: Article
Language:English
Published: Academy of Contemporary Islamic Studies 2015
Subjects:
Matrimonial bureaus. Marriage brokerage
Divorce
Online Access:http://ir.uitm.edu.my/id/eprint/13772/
http://ir.uitm.edu.my/id/eprint/13772/1/AJ_NOORUL%20HUDA%20BINTI%20SAHARI%20JCIS%2015_2.pdf
id uitm-13772
recordtype eprints
spelling uitm-137722016-05-20T01:46:03Z http://ir.uitm.edu.my/id/eprint/13772/ Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.] Sahari, Noorul Huda Mohd. Zain, Najibah Ab. Manan, Siti Khadijah Saedon, Rafeah Muhd Hashim, Nurhidayah Matrimonial bureaus. Marriage brokerage Divorce This study aims to examine the practice of sulh (mutual agreement) in dividing matrimonial asset after divorce, upon the death of a spouse and polygamous marriage. The study adopted qualitative method where analysis is conducted on a purposive sampling of unreported cases collected within the period of 2000-2012. The samples are collected from six zones representing Shariah Courts in Malaysia. Analysis on the sampling is made based on several variables such as the types of matrimonial property, factors for consideration and proportion of distribution of the assets. This study discovers that philanthropic element of kindness, gift and generosity has been implemented in the majority of cases involving claims of a matrimonial property when they are practically settled by way of sulh (amicable settlement). In determining the division through sulh, the parties is in fact more generous when dealing with the interest of children to the level that the husband is willing to transfer the whole interest in the asset to the existing wife who is rarely achieved in other litigation processes. The parties also voluntarily waive each party right by granting the matrimonial asset as a gift to the children. This study suggests that the mutual consent on proportion of asset by way of sulh to be widely practised when dealing with the division of matrimonial assets to promote harmonious settlement and to prevent a costly and lengthy litigation process. This study suggests for specific governing mechanism in ensuring the establishment of justice among the disputing parties. Academy of Contemporary Islamic Studies 2015 Article PeerReviewed text en http://ir.uitm.edu.my/id/eprint/13772/1/AJ_NOORUL%20HUDA%20BINTI%20SAHARI%20JCIS%2015_2.pdf Sahari, Noorul Huda and Mohd. Zain, Najibah and Ab. Manan, Siti Khadijah and Saedon, Rafeah and Muhd Hashim, Nurhidayah (2015) Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]. Journal of Contemporary Islamic Studies, 1. pp. 13-32. ISSN 2289-9634
repository_type Digital Repository
institution_category Local University
institution Universiti Teknologi MARA
building UiTM Institutional Repository
collection Online Access
language English
topic Matrimonial bureaus. Marriage brokerage
Divorce
spellingShingle Matrimonial bureaus. Marriage brokerage
Divorce
Sahari, Noorul Huda
Mohd. Zain, Najibah
Ab. Manan, Siti Khadijah
Saedon, Rafeah
Muhd Hashim, Nurhidayah
Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]
description This study aims to examine the practice of sulh (mutual agreement) in dividing matrimonial asset after divorce, upon the death of a spouse and polygamous marriage. The study adopted qualitative method where analysis is conducted on a purposive sampling of unreported cases collected within the period of 2000-2012. The samples are collected from six zones representing Shariah Courts in Malaysia. Analysis on the sampling is made based on several variables such as the types of matrimonial property, factors for consideration and proportion of distribution of the assets. This study discovers that philanthropic element of kindness, gift and generosity has been implemented in the majority of cases involving claims of a matrimonial property when they are practically settled by way of sulh (amicable settlement). In determining the division through sulh, the parties is in fact more generous when dealing with the interest of children to the level that the husband is willing to transfer the whole interest in the asset to the existing wife who is rarely achieved in other litigation processes. The parties also voluntarily waive each party right by granting the matrimonial asset as a gift to the children. This study suggests that the mutual consent on proportion of asset by way of sulh to be widely practised when dealing with the division of matrimonial assets to promote harmonious settlement and to prevent a costly and lengthy litigation process. This study suggests for specific governing mechanism in ensuring the establishment of justice among the disputing parties.
format Article
author Sahari, Noorul Huda
Mohd. Zain, Najibah
Ab. Manan, Siti Khadijah
Saedon, Rafeah
Muhd Hashim, Nurhidayah
author_facet Sahari, Noorul Huda
Mohd. Zain, Najibah
Ab. Manan, Siti Khadijah
Saedon, Rafeah
Muhd Hashim, Nurhidayah
author_sort Sahari, Noorul Huda
title Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]
title_short Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]
title_full Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]
title_fullStr Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]
title_full_unstemmed Matrimonial property division through philanthropic settlement / Noorul Huda Sahari ... [et al.]
title_sort matrimonial property division through philanthropic settlement / noorul huda sahari ... [et al.]
publisher Academy of Contemporary Islamic Studies
publishDate 2015
url http://ir.uitm.edu.my/id/eprint/13772/
http://ir.uitm.edu.my/id/eprint/13772/1/AJ_NOORUL%20HUDA%20BINTI%20SAHARI%20JCIS%2015_2.pdf
first_indexed 2023-09-18T22:50:17Z
last_indexed 2023-09-18T22:50:17Z
_version_ 1777417497737166848

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