"Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy
Matrimonial disputes are one area of law, which is highly litigated before the registrars and judges. Under the Malaysian law, the court shall have power to order the division of any assets acquired by the divorced parties during the marriage including those attained by the sole efforts of one part...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English |
| Published: |
2010
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/12138/ http://irep.iium.edu.my/12138/1/2010.pdf |
| _version_ | 1848777406328864768 |
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| author | Abd Ghadas, Zuhairah Ariff Ibrahim, Norliah |
| author_facet | Abd Ghadas, Zuhairah Ariff Ibrahim, Norliah |
| author_sort | Abd Ghadas, Zuhairah Ariff |
| building | IIUM Repository |
| collection | Online Access |
| description | Matrimonial disputes are one area of law, which is highly litigated before the registrars and judges. Under the Malaysian law, the court shall have power to order the division of any assets acquired by the divorced parties during the marriage including those attained by the sole efforts of one part to the marriage. Reference to personal property normally did not raise contentious issue as the court would apply the general rule / method in dividing or concluding the matrimonial property
However, when it comes to distribution of business assets or interest in business, particularly those which are under the business's name, many legal issues may arise, such as rights or entitlement of the ex-spouse to claim, proportion and division of the assets as a matrimonial property and rights to future interest/benefits of the business assets/profits.
This paper intends to look into policies/ approached of both the civil and Shariah courts in determining claims against the business's or company's assets as a matrimonial property. Research methodolgy which is adopted in this paper is statutory and doctrinal analysis. |
| first_indexed | 2025-11-14T14:45:29Z |
| format | Proceeding Paper |
| id | iium-12138 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:45:29Z |
| publishDate | 2010 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-121382012-01-09T01:54:08Z http://irep.iium.edu.my/12138/ "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy Abd Ghadas, Zuhairah Ariff Ibrahim, Norliah K Law (General) Matrimonial disputes are one area of law, which is highly litigated before the registrars and judges. Under the Malaysian law, the court shall have power to order the division of any assets acquired by the divorced parties during the marriage including those attained by the sole efforts of one part to the marriage. Reference to personal property normally did not raise contentious issue as the court would apply the general rule / method in dividing or concluding the matrimonial property However, when it comes to distribution of business assets or interest in business, particularly those which are under the business's name, many legal issues may arise, such as rights or entitlement of the ex-spouse to claim, proportion and division of the assets as a matrimonial property and rights to future interest/benefits of the business assets/profits. This paper intends to look into policies/ approached of both the civil and Shariah courts in determining claims against the business's or company's assets as a matrimonial property. Research methodolgy which is adopted in this paper is statutory and doctrinal analysis. 2010 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/12138/1/2010.pdf Abd Ghadas, Zuhairah Ariff and Ibrahim, Norliah (2010) "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy. In: International Conference on Public Policies & Social Sciences e-Proceedings (icops2010), 26-27 May 2010, SP Inn Hotel, Sungai Petani, Kedah. |
| spellingShingle | K Law (General) Abd Ghadas, Zuhairah Ariff Ibrahim, Norliah "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy |
| title | "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy |
| title_full | "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy |
| title_fullStr | "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy |
| title_full_unstemmed | "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy |
| title_short | "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy |
| title_sort | "personal @ business" businesses'/companies' assets as matrimonial property; the legal policy |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/12138/ http://irep.iium.edu.my/12138/1/2010.pdf |