HARTA SEPENCARIAN/ASET PERKAHWINAN BAGI PEMBUBARAN PERKAHWINAN DI BAWAH SEKSYEN 51 AKTA MEMBAHARUI UNDANGUNDANG (PERKAHWINAN DAN PERCERAIAN) 1976 SERTA AKTA UNDANG-UNDANG KELUARGA ISLAM (WILAYAH-WILAYAH PERSEKUTUAN) 1984: Matrimonial Asset for Couple to the Dissolution of Marriage Under Section 51 of The Law Refoem Act (Marriage and Divorce) Act 1976 and Islamic Family Law (Federal Teritories) 1984

Abstract

The marriage between non-Muslim couple where one spouse later converted to Muslim results in the dissolution of marriage under the Shariah law. However as they had gotten married under the Law Reform (Marriage and Divorce) Act 1976 (LRA), thus the dissolution of marriage shall fall under the jurisdiction of section 51 of the Act. This writing discusses the issue attach to such dissolution of marriage with specific reference to the division of matrimonial asset. This study adopts qualitative approach that utilised doctrinal study and semi-structured interview with experts of this area. The Islamic Family Law (Federal Teritories) 1984 was analysed this issue within the context of Shariah law in Malaysia. The summarized of findings to this study uncovered that both Civil and Shariah Court consider similar principles in division of matrimonial asset for couple to the dissolution of marriage under section 51 of LRA.