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FatwaNegeri SembilanInheritance, Wills & Gifts

Harta sepencarian

Is a second house bought by a working wife after marriage considered joint marital property even if the husband did not contribute?

Short answer

The term harta sepencarian does not exist in Arabic dictionaries or Islamic fiqh books, but it is a Malay customary practice accepted as part of Islamic family law in Malaysia because it does not conflict with Shariah.

Negeri SembilanOpinion (irsyad)

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

Authority
Negeri Sembilan Mufti Department
Status
Opinion (irsyad)
Series
Soal Jawab Agama
Topic
Inheritance, Wills & Gifts

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

Summary

The term harta sepencarian does not exist in Arabic dictionaries or Islamic fiqh books, but it is a Malay customary practice accepted as part of Islamic family law in Malaysia because it does not conflict with Shariah. Most judges divide such property by the principle of contribution, and direct contribution in effort or money leads to an equal division. There is no fixed ratio, and the status of the house is determined by the Syariah Court.

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

Kedudukan rumah tersebut, sama ada ia harta sepencarian atau tidak boleh ditentukan oleh Mahkamah Syariah.

Excerpt from the original fatwa · Negeri Sembilan

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How to cite

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

Negeri Sembilan Mufti Department. “Harta sepencarian”, date not stated. https://muftins.gov.my/soaljawab/harta-sepencarian/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/wife-bought-house-joint-marital-property/

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