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...
| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
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UPM Press
2017
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| Online Access: | 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 |
| _version_ | 1848786713257705472 |
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| author | Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff |
| author_facet | Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff |
| author_sort | Ibrahim, Norliah |
| building | IIUM Repository |
| collection | Online Access |
| 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. |
| first_indexed | 2025-11-14T17:13:24Z |
| format | Article |
| id | iium-67184 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T17:13:24Z |
| publishDate | 2017 |
| publisher | UPM Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| 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 |
| 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 |
| title | 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_short | 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 |
| topic | KPG Malaysia |
| 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 |