MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Divorce, ʿiddah & rujuk

🚪 Divorce, ʿiddah & rujuk · #161

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 application of either party to the marriage, while matrimonial proceedings are pending or in proceedings that may lead to an order under s.122, prohibit the husband or wife from disposing of assets acquired during the marriage, jointly or solely, if the court is satisfied it is necessary. Failure to comply with that order is punishable as contempt of court. Bring proof of ownership and signs that the asset is about to be sold, such as an advertisement or a letter from an agent. State enactments have a similar provision. For the application procedure in your state, please check with the Syariah court or a Syariah lawyer. See Syariah Court directory.

Sources

← PreviousWe have a joint car loan and business loan. Are debts taken into account in harta sepencarian?Next →I do not work outside the home but I run the house and care for the children. What evidence can show my contribution?

Related questions

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…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…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…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 …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…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…
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.