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FatwaPenangInheritance, Wills & Gifts

HARTA SEPENCARIAN

What is marital joint property (harta sepencarian) and what types of property fall under it?

Short answer

Harta sepencarian is property acquired jointly by husband and wife during the marriage, as defined in the Islamic religious administration laws.

PenangFatwa committee decision

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Penang State Mufti Department
Date
Status
Fatwa committee decision
Series
Keputusan Fatwa Negeri Pulau Pinang (e-Fatwa)
Topic
Inheritance, Wills & Gifts

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

Harta sepencarian is property acquired jointly by husband and wife during the marriage, as defined in the Islamic religious administration laws. Citing al-Syarqawi and Nihayat al-Muhtaj, the fatwa lists houses, household furnishings, vehicles and land among the types of property covered. Division of the property is determined according to the circumstances of each case.

Written in our own words from the original fatwa — check the source before acting on it.

Harta sepencarian ialah harta benda yang didapati bersama-sama oleh suami dan isteri dalam masa perkahwinan

Excerpt from the original fatwa · Penang

Read the full fatwa on the Penang website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Penang State Mufti Department. “HARTA SEPENCARIAN”, 19 April 1972. http://efatwa.penang.gov.my/fatwa_details.php?fatwaid=824. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/what-is-harta-sepencarian-joint-property/

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Evidence cited

Books

  • Nihayah al-Muhtaj (al-Ramli)

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