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.
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.
Read the full fatwa on the Negeri Sembilan website (new tab)
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/