Matrimonial Property: It's Provisions, Practice and Aplication in Federal Territory of Kuala Lumpur

Abstract

The development of Islamic Family Law also encompasses the matrimonial property division in case of divorce. In the Islamic Family Law Act, any property acquired during and within their marriage duration is considered a shared property. Hence, in case of divorce, the property split into equal division and proportion. This Law is similarly adhered to in the Asian Region, namely Indonesia, Singapore, Brunei and Malaysia. This academic project looks into the provision, application and practice of the law as has been practiced in the Syariah Court in the Federal Territory of Kuala Lumpur based on the provision in the Islamic Family Law (Federal Territories) Act 1984 (Act 303) under section 58. Observation, referring books, literature review, research, interviews and reviewing relevant documents were the tools employed for data gathering purpose. The finding indicates that in matrimonial property division cases, which have been decided by Syariah Court, were consistent with the section 58, just sometimes it seen that the Judge has used his discretion power in deciding that cases. Hopefully, this project will be of some help and guidance to whomever it may concern in shedding more insights on this particular section of the Islamic Family Law.