Staff View: A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi

A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi

This project paper surrounds the discussion on the division of harta sepencarian during the dissolution of marriage, in which it is focused specifically the issue of Employees' Provident Fund (EPF) and the current scenario in Syariah courts which may contribute to the increasing number of the c...

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Main Authors:	Mohd Tahir, Mohd Rafiezi, Qamarul Abrar, Nurul Qistini, Mohd Zaidi, Nur Edwina
Format:	Student Project
Language:	English
Published:	2008
Subjects:	KB Religious law in general. Comparative religious law. Jurisprudence Gifts (Islamic law). Charitable gifts. Ṣadaqah. Donations. Hibah
Online Access:	http://ir.uitm.edu.my/id/eprint/32141/1/32141.PDF http://ir.uitm.edu.my/id/eprint/32141/
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id	my.uitm.ir.32141
record_format	eprints
spelling	my.uitm.ir.321412020-10-12T01:50:52Z http://ir.uitm.edu.my/id/eprint/32141/ A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi Mohd Tahir, Mohd Rafiezi Qamarul Abrar, Nurul Qistini Mohd Zaidi, Nur Edwina KB Religious law in general. Comparative religious law. Jurisprudence Gifts (Islamic law). Charitable gifts. Ṣadaqah. Donations. Hibah This project paper surrounds the discussion on the division of harta sepencarian during the dissolution of marriage, in which it is focused specifically the issue of Employees' Provident Fund (EPF) and the current scenario in Syariah courts which may contribute to the increasing number of the claims on harta sepencarian. Harta sepencarian is legally recognized by our local law through Islamic Family Law Enactments. The courts have their own discretion to determine the portion of the property to be divided between the spouse according to the circumstances and requirements given by law. The discussion will elaborate more on the types of the property and the contributions of each party that will entitle them the property. Besides having discussions on statutory requirements, many cases will be referred so as to get a clear picture on how the application of the division will be effected. The main objective of conducting this research is to find out the positions on claims made on EPF money. This is a new scenario happens nowadays and legal solutions must be provided for the next generation. Secondly, there are complaints and reports made by the wife that the procedures for accomplishing an application for harta sepencarian is very lengthy and it is a waste of time when they have to wait for longer period just to settle the claims. On the other hand, the lack of understanding among Muslims is one of the factors for the backlog cases. Any other factors will be recognized and suggestions will be tendered. The research aims to tender any relevant recommendations and suggestions for the betterment of our system. We have to be in line with current changes and situations so that we will not be left behind. 2008-10 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/32141/1/32141.PDF Mohd Tahir, Mohd Rafiezi and Qamarul Abrar, Nurul Qistini and Mohd Zaidi, Nur Edwina (2008) A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi. [Student Project] (Unpublished)
institution	Universiti Teknologi Mara
building	Tun Abdul Razak Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Teknologi Mara
content_source	UiTM Institutional Repository
url_provider	http://ir.uitm.edu.my/
language	English
topic	KB Religious law in general. Comparative religious law. Jurisprudence Gifts (Islamic law). Charitable gifts. Ṣadaqah. Donations. Hibah
spellingShingle	KB Religious law in general. Comparative religious law. Jurisprudence Gifts (Islamic law). Charitable gifts. Ṣadaqah. Donations. Hibah Mohd Tahir, Mohd Rafiezi Qamarul Abrar, Nurul Qistini Mohd Zaidi, Nur Edwina A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi
description	This project paper surrounds the discussion on the division of harta sepencarian during the dissolution of marriage, in which it is focused specifically the issue of Employees' Provident Fund (EPF) and the current scenario in Syariah courts which may contribute to the increasing number of the claims on harta sepencarian. Harta sepencarian is legally recognized by our local law through Islamic Family Law Enactments. The courts have their own discretion to determine the portion of the property to be divided between the spouse according to the circumstances and requirements given by law. The discussion will elaborate more on the types of the property and the contributions of each party that will entitle them the property. Besides having discussions on statutory requirements, many cases will be referred so as to get a clear picture on how the application of the division will be effected. The main objective of conducting this research is to find out the positions on claims made on EPF money. This is a new scenario happens nowadays and legal solutions must be provided for the next generation. Secondly, there are complaints and reports made by the wife that the procedures for accomplishing an application for harta sepencarian is very lengthy and it is a waste of time when they have to wait for longer period just to settle the claims. On the other hand, the lack of understanding among Muslims is one of the factors for the backlog cases. Any other factors will be recognized and suggestions will be tendered. The research aims to tender any relevant recommendations and suggestions for the betterment of our system. We have to be in line with current changes and situations so that we will not be left behind.
format	Student Project
author	Mohd Tahir, Mohd Rafiezi Qamarul Abrar, Nurul Qistini Mohd Zaidi, Nur Edwina
author_facet	Mohd Tahir, Mohd Rafiezi Qamarul Abrar, Nurul Qistini Mohd Zaidi, Nur Edwina
author_sort	Mohd Tahir, Mohd Rafiezi
title	A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi
title_short	A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi
title_full	A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi
title_fullStr	A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi
title_full_unstemmed	A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi
title_sort	study on contemporary legal issues regarding the division of harta sepencarian in malaysia / mohd rafiezi mohd tahir, nurul qistini qamarul abrar and nur edwina mohd zaidi
publishDate	2008
url	http://ir.uitm.edu.my/id/eprint/32141/1/32141.PDF http://ir.uitm.edu.my/id/eprint/32141/
_version_	1685650885093359616
score	13.211869

A study on contemporary legal issues regarding the division of harta sepencarian in Malaysia / Mohd Rafiezi Mohd Tahir, Nurul Qistini Qamarul Abrar and Nur Edwina Mohd Zaidi

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