Determination of The Proportion of Matrimonial Property ‘After The Death of a Spouse’: A Case Study at the Syariah High Court of Johor Bahru

Abstract

Matrimonial property is recognised under Islamic Family Law in every state and may be claimed on the grounds of divorce, polygamy, or death even though it is not explicitly stated in the Quran or hadis. However, the law regarding the determination of the proportion of matrimonial property after the death of a spouse is not clearly provided for in any statute, which leads to confusion for parties wishing to make such claims. Therefore, the objective of this study is to identify the approach taken by the Syariah High Court of Johor Bahru in determining the distribution rate of matrimonial property in claims made after the death of a spouse. This qualitative research involves document analysis of cases reported at the Syariah High Court of Johor Bahru from 2022 to 2024. In addition, semi-structured interviews were conducted with a Syariah Judge, an assistant registrar, and a sulh officer from the same court. The findings of the study show that the proportion of claim distribution determined by the court is based on the extent of each party’s contribution. Therefore, the study suggests that a specific guideline should be formulated to outline the criteria for contribution and the time frame for claims, as well as to ensure that the determination of matrimonial property is made prior to the distribution of inheritance under faraid, in order to guarantee fairness and consistency in the implementation of such claims.

Keywords: Islamic Family Law, matrimonial property, death of a spouse, distribution of matrimonial property, spousal contribution, Syariah High Court, claims

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