دراسة فقهية تحليلية :(FELDA) تقسيم الأموال المكتسبة في أثناء الزواج بين الزوجين في هيئة تطوير الأراضي الاتحادية

Abstract

The research aims to study the Division of Matrimonial Property between Spouses in Federal Land Development Authority (FELDA). This research examines its position from the point of Islamic Jurisprudence and discusses the views of some contemporary scholars pertaining to the division of property between spouses. This research also focuses on the claim of property, legal materials and fatwa, the division of matrimonial property’s criteria and its procedure in Sharia courts. The study involves a detailed discussion on the administration of “Harta Sepencarian” during marriage under (FELDA) and Islamic Family Law of Malaysia. In order to verify if its application contradicts with Sharia or not, this research also presents some examples of cases which relate to the division of matrimonial property to see the extent of Sharia-compliance in its applications. The study adopts a qualitative method by using library research and analytical method as well as this research conducted personal interviews to gain related information pertaining to the matrimonial property in FELDA. The study finds several conclusions, which are “Harta Sepencarian” in Felda can be consider as a custom (norm) and does not contradict with Sharia. The cases related to claiming money gained between spouses after divorce, death or polygamy. Under these circumstances, the division of acquired property between the spouses is based on 50% share, and the ex-wife has the right to include her name as landowner and the land law of Group Settlement Area Act (GSA) does not affect the rights of a widowed widow to obtain that property. The researcher has put forward several recommendations to contribute in the development of better control mechanism for this matrimonial property in FELDA which are to incorporate the Islamic Family Law In Malaysia and to the concept of Council Sulh to accelerate the process of claiming the money gained between spouses in Sharia courts.