الأموال المكتسبة أثناء الزواج في ماليزيا : دراسة فقهية تحليلية

Abstract EN

This research aims to study the topic “Matrimonial Property during Marriage Period in Malaysia: An Analytical Juristic Study”.

The process of acquiring property during the marriage period is closely related to the concept of wealth ownership, contribution and joint efforts of the spouses in obtaining the property.

The research problem lies in the process of dividing the property earned during the marriage period and its relationship to the concept of “differences between spouses in household goods” or “spouses’ wealth” which were discussed by early Islamic scholars in their classical books.

Therefore, this study attempts to illustrate the linguistic and terminological meanings of property and explains the legitimacy of ownership of property.

The study points out evidences from the Sharī‛ah and views of jurists regarding spouses’ assets, discusses the takyīf fiqhī of matrimonial property during the marriage period, and also the views of modern jurists on this issue.

This study applied the inductive and analytical approaches.

At the end, several findings were gleaned from the study.

Some important findings are: early Islamic jurists discussed certain types of household belongings that are related to archaic household items, which were suitable for the reality at the time because modern household appliances did not exist at that time as they do today and they have divided the belongings based on the nature (tabī‛ah) of their use, either by men or women.

The matrimonial property in Malaysia is related to custom (‛adah) practiced by the Malays based on the legal maxim: “Al-ʿĀdah Muḥakkamah”(The custom is arbitrative) and it is not contradictory with the Sharī‛ah.