المال المشترك بين الزوجين في الفقه الإسلامي والقانون بروناي دارالسلام

Abstract

Matrimonial property is from the Malay custom, and has long existed and acknowledged and practised by the Malay community – as recorded in Brunei Darussalam’s law. This study explains about the problems of matrimonial property according to its definition from the viewpoint of the Malay community and laws of Brunei, including comparison in Islamic jurisprudence. This study also discusses the opinions of jurists and fatwas (scholar opinions) particularly in Malaysia and Brunei. Also included is the comparative summary of the opinions of scholars in Malaysia and Brunei and the comparison between Islamic jurisprudence and Brunei’s law in the matter of wealth distribution obtained, in the case of divorce or demise of spouse. This study has also produced several important outcomes, one of it is that matrimonial property is the wealth obtained by both partners during marriage. Islamic jurisprudence also approves a custom as long as it does not contradict with Islamic law like matrimonial property, also it is a custom accepted by Islamic Shari’ah law. The law which is applied in Brunei when an accusation is brought up by either spouse in the matter of dividing matrimonial property during divorce or demise, is that the accusation will be heard if evidence is attached, and then the property will be distributed according to each partner’s contribution to the property.