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Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy

Matrimonial property 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...

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Main Authors: Abd Ghadas, Zuhairah Ariff, Ibrahim, Norliah
Format: Conference or Workshop Item
Language:English
English
Published: 2011
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/12275/1/2011_-_Business_assets_as_matrimonial_property_from_the_Civil_law_and_shariah_perspectives-_implication_for_national_family_policy.pdf
http://irep.iium.edu.my/12275/3/Business_assets_as_matrimonal_property_from_the_civil_law_and_syariah_perspectives.pdf
http://irep.iium.edu.my/12275/
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spelling my.iium.irep.122752012-04-06T03:56:02Z http://irep.iium.edu.my/12275/ Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy Abd Ghadas, Zuhairah Ariff Ibrahim, Norliah K Law (General) Matrimonial property 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 issue may arise, such as rights or entitlement of the ex-spouse to claim, proportion and division of the assets as a matrimonial property, locus standi of the ex-spouse to take legal action and rights to future interest/benefits of the business assets/profits. This paper intends to look into approaches of both the civil and Shariah courts in determining the status of business assets/interest as a matrimonial property relating to business assets/interest. Findings of this research shall be useful in formulating the national policy on distribution of business assets as matrimonial property. Research methodolgy which is adopted is mainly doctrinal and case law analysis. 2011 Conference or Workshop Item REM application/pdf en http://irep.iium.edu.my/12275/1/2011_-_Business_assets_as_matrimonial_property_from_the_Civil_law_and_shariah_perspectives-_implication_for_national_family_policy.pdf application/pdf en http://irep.iium.edu.my/12275/3/Business_assets_as_matrimonal_property_from_the_civil_law_and_syariah_perspectives.pdf Abd Ghadas, Zuhairah Ariff and Ibrahim, Norliah (2011) Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy. In: Seminar Kebangsaan Polisi Keluarga Malaysia 2011, 14-15 September 2011, Universiti Putra Malaysia & Kementerian Pembangunan Wanita Keluarga dan Masyarakat & Lembaga Penduduk dan Pembangunan Keluarga Negara Malaysia.
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic K Law (General)
spellingShingle K Law (General)
Abd Ghadas, Zuhairah Ariff
Ibrahim, Norliah
Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy
description Matrimonial property 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 issue may arise, such as rights or entitlement of the ex-spouse to claim, proportion and division of the assets as a matrimonial property, locus standi of the ex-spouse to take legal action and rights to future interest/benefits of the business assets/profits. This paper intends to look into approaches of both the civil and Shariah courts in determining the status of business assets/interest as a matrimonial property relating to business assets/interest. Findings of this research shall be useful in formulating the national policy on distribution of business assets as matrimonial property. Research methodolgy which is adopted is mainly doctrinal and case law analysis.
format Conference or Workshop Item
author Abd Ghadas, Zuhairah Ariff
Ibrahim, Norliah
author_facet Abd Ghadas, Zuhairah Ariff
Ibrahim, Norliah
author_sort Abd Ghadas, Zuhairah Ariff
title Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy
title_short Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy
title_full Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy
title_fullStr Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy
title_full_unstemmed Business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy
title_sort business assets as matrimonial property from the civil law and shariah perspectives; implication for national family policy
publishDate 2011
url http://irep.iium.edu.my/12275/1/2011_-_Business_assets_as_matrimonial_property_from_the_Civil_law_and_shariah_perspectives-_implication_for_national_family_policy.pdf
http://irep.iium.edu.my/12275/3/Business_assets_as_matrimonal_property_from_the_civil_law_and_syariah_perspectives.pdf
http://irep.iium.edu.my/12275/
_version_ 1643606602259890176
score 13.211869

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