Spousal contribution and fair division of matrimonial assets: A case study of Malaysian Muslims

The contributions of a spouse in terms of matrimonial properties are essential in determining the proportion of share for the divorced spouses. In order to determine a fair and equitable share of assets, the spouses have to show the quantum of their contributionsthis has caused delays in the Shariah courts in Malaysia and prolonged the litigation process. This study examines the effectiveness of the statutory law in division of matrimonial assets by examining court practices in determining the proportion of share. For that purpose, a qualitative method was adopted and 215 unreported cases within the period of 2000-2012 was analysed. Findings showed inconsistencies in the court practices of asset division, especially when only contribution of the parties (in ascertaining their share) are factored. This study suggests that the court should use a more general consideration such as the interest of the parties and children when determining the proportion. This is to ensure a fair distribution of wealth and assets to the divorcing spouses