Abstract:
In Malaysia, jointly acquired property has been recognized
due to divorce, polygamy, or death. Section 122 of the Islamic Family
Law Enactment (State of Kedah Darul Aman) 2008, clearly provides
the jurisdiction of Court in division of jointly acquired property.
Disputes arose between Muslim’s scholars on the status of property of
a working wife whether it can be regarded as a private property or
jointly acquired property. Nowadays, it seems that the domestic
contributions for a living are attributed to the property of the working
wife. These contributions include the purchase of house, car, and
expenses in upbringing the children. Therefore, the objective of this
study is to identify the classification of property of the working wives
and the condition of jointly acquired property that can be claimed bythe husband from Islamic perspective and subsequently analyse the
custom recognition on it. This study is a qualitative study in which
data is collected from Islamic law books and legal sources. Data
analysis completed by applying content analysis methods through a
descriptive approach. The findings indicated that the custom (“urf)
recognized the classification of property of a wife to be accepted as
jointly acquired property.
