Property Rights of Married Women in Shariah Law in Brunei Darussalam

Abstract

This research focus on the issue of property rights which relates to married women in Islam. In this thesis, the researcher did some research in the University’s library and the Syariah Courts’ library to collect some information and knowledge in order to achieve the objective of this research. The researcher has given some personal ideas and experience that had been gained from the attachment in the Syariah Courts of Brunei Darussalam. The analytical approach will allows the researcher to explain the rights of married women according to law. All the findings will be based on Shariah law and case law from Brunei Darussalam and Malaysia. In order to support the findings, the researcher also refers to some verses of Al-Quran and Al-Hadith to make it more accurate. At the end of this research, it will show that married women also have their own rights in marriage and after marriage (in case of divorce and death of the husband) such as mahr, nafkah, ‘iddah, inheritance, harta sepencarian, and muta’ah. Therefore, this research give an idea that women can claim their rights as a wife and the husband is obliged to give those rights to his wife. If the husband failed to give those rights, the wife can claim her rights before the court. Unfortunately, not every woman knows about their rights. As a result, they failed to claim their rights because of lack and weak evidence. Hence, this research will help women to know their rights during marriage and after marriage by virtue of Shariah law in Brunei Darussalam.