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Customary Land and the Claim of Matrimonial Property

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Malay adat and culture have a significant influence in domestic law and this is reflected in the position of customary law within Malaysian legal framework. The customary land in Negeri Sembilan assumes exceptional characteristics that make certain transaction and claim against the land to be difficult or cannot be executed. The aim of this study is to analyze the position of a customary land in marriage and the claim against the land upon divorce using legal analysis method. It first discusses the concept of matrimonial property from legal and Islamic perspectives and the judicial application of legal provisions on the subject matter. The main dimension of this paper is the claim of matrimonial property on customary land. The study found that customary land is subject to some legal impediment that makes it insusceptible to the operation of specific laws.
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Keywords: Adat Perpatih; Customary Land; Harta sepencarian; Jointly Acquired Property; Matrimonial Property

Document Type: Research Article

Affiliations: Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM), Bandar Baru Nilai, 71800 Nilai, Negeri Sembilan, Malaysia

Publication date: May 1, 2017

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