MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Divorce, ʿiddah & rujuk

🚪 Divorce, ʿiddah & rujuk · #164

Which court do I file a harta sepencarian claim in?

Usually the Syariah High Court of the state where you live or where the marriage or divorce was registered. Each court's jurisdiction is set by the state's Islamic administration law, and the division of, or claims to, harta sepencarian usually fall under the Syariah High Court. Some states allocate cases by the value of the assets, so ask the counter staff which court is right for your case. Bring your marriage certificate, divorce certificate, a list of assets and evidence of contribution. If you need legal help, ask the Legal Aid Department about eligibility. Every state's court addresses are in the Syariah Court directory.

Sources

State Administration of Islamic Law EnactmentsAct 303, s.122
← PreviousWe divorced two years ago. Can I still claim harta sepencarian?Next →Our house is in my name, but my former husband also paid instalments. Can he claim a share?

Related questions

My former husband says I was nusyuz, so I am not entitled to harta sepencarian. Is that right?Nusyuz relates to maintenance; harta sepencarian is assessed on contribution. In Act 303, the effect of nusyuz…I am worried my husband will sell the house before the harta sepencarian case ends. What can I do?Apply to the Syariah court for an order prohibiting the disposal of assets. Act 303 s.107A lets the court, on the…We divorced two years ago. Can I still claim harta sepencarian?A claim can be made together with the divorce application or as a separate claim after the divorce. Many former wives…The house belonged to my husband before we married, but I improved it a lot. Can it count as harta sepencarian?Yes, if the improvement was substantial and happened during the marriage. Act 303 s.122(5) says that assets…My husband divorced me without telling me; I found out months later. When does my ʿiddah begin?According to the Shafi'i school, the ʿiddah begins from the date talak was pronounced, not from when the wife learns of it; if …I do not work outside the home but I run the house and care for the children. What evidence can show my contribution?Contribution by looking after the home and family is recognised by law, but it still has to be shown with evidence. Act 303…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.