Harta Sepencarian vs Harta Perkahwinan dalam Perundangan Sivil: Satu Sorotan Ringkas

Matrimonial Property vs. Marital Property in Civil Law: A Brief Review

Abstract

Matrimonial property (harta sepencarian) serves as an instrument for the division of property between spouses in the event of unforeseen circumstances within a marriage. It may be regarded as a customary practice among communities in Malaysia and other societies in the Malay Archipelago (Nusantara). This customary practice has received legal recognition, having been adjudicated in courts even before the country gained independence from British rule. In Malaysia, harta sepencarian is governed under the Islamic Family Law enacted in the various states throughout the country. Accordingly, it applies only to Muslims in Malaysia. For non-Muslims, the division of property between spouses is referred to as marital property, and claims must be filed in the civil courts. Marital property is governed by the Law Reform (Marriage and Divorce) Act 1976 and the Married Women Act 1957. Therefore, this article aims to examine the similarities and differences between the practice of dividing harta sepencarian and the division of marital property in Malaysia.