Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia
Protecting women’s rights to property is an important aspect in promoting sustainable development, an agenda being championed by governments both at national and international level including the Non-governmental organisations (NGOs) throughout the world. This chapter seeks to set out the developme...
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| Format: | Article |
| Language: | English |
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Serials Publications
2014
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| Online Access: | http://irep.iium.edu.my/40841/ http://irep.iium.edu.my/40841/1/9-Ainul_Jaria_Maidin%281%29.pdf |
| _version_ | 1848782016312508416 |
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| author | Maidin, Ainul Jaria |
| author_facet | Maidin, Ainul Jaria |
| author_sort | Maidin, Ainul Jaria |
| building | IIUM Repository |
| collection | Online Access |
| description | Protecting women’s rights to property is an important aspect in promoting sustainable development, an agenda being championed by governments both at national and international level including the Non-governmental
organisations (NGOs) throughout the world. This chapter seeks to set out the development in Malaysia where the Adat Perpatih practices have been incorporated into the Syariah Enactments to promote protection of property rights of women on divorce. The customary practice that is the focus of this chapter is the practice of dividing jointly acquired matrimonial property (harta sepencarian) during the subsistence of a marriage where the women
is assured her rightful share upon divorce or on the death of the spouse. This case study is presented to provide a useful model for the Muslims and others to develop their customary practices which may promote access to property
rights for women to overcome the shortcomings in the legal system. |
| first_indexed | 2025-11-14T15:58:45Z |
| format | Article |
| id | iium-40841 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:58:45Z |
| publishDate | 2014 |
| publisher | Serials Publications |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-408412018-06-12T04:14:21Z http://irep.iium.edu.my/40841/ Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia Maidin, Ainul Jaria K Law (General) Protecting women’s rights to property is an important aspect in promoting sustainable development, an agenda being championed by governments both at national and international level including the Non-governmental organisations (NGOs) throughout the world. This chapter seeks to set out the development in Malaysia where the Adat Perpatih practices have been incorporated into the Syariah Enactments to promote protection of property rights of women on divorce. The customary practice that is the focus of this chapter is the practice of dividing jointly acquired matrimonial property (harta sepencarian) during the subsistence of a marriage where the women is assured her rightful share upon divorce or on the death of the spouse. This case study is presented to provide a useful model for the Muslims and others to develop their customary practices which may promote access to property rights for women to overcome the shortcomings in the legal system. Serials Publications 2014-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/40841/1/9-Ainul_Jaria_Maidin%281%29.pdf Maidin, Ainul Jaria (2014) Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia. Journal of Islamic Law Review, 10 (1). pp. 175-208. ISSN 0973-2918 http://serialsjournals.com/journal-detail.php?journals_id=272 |
| spellingShingle | K Law (General) Maidin, Ainul Jaria Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia |
| title | Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia |
| title_full | Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia |
| title_fullStr | Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia |
| title_full_unstemmed | Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia |
| title_short | Codification of customary practice for promoting Muslim women’s right to land and property: a case study of the harta sepencarian rule in Malaysia |
| title_sort | codification of customary practice for promoting muslim women’s right to land and property: a case study of the harta sepencarian rule in malaysia |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/40841/ http://irep.iium.edu.my/40841/ http://irep.iium.edu.my/40841/1/9-Ainul_Jaria_Maidin%281%29.pdf |