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💰 Family finances · #142

Can I claim harta sepencarian even though we are not divorcing and my husband is not taking another wife?

Usually not; the law links the claim to divorce, a polygamy application or death. Act 303 s.122 gives the court power to divide assets when permitting the pronouncement of talaq or making a divorce order. Section 23(9)(b) gives the same power when the court grants permission for polygamy. While the marriage continues as normal, property stays in its owner's name. If you are worried about your financial security, there are steps you can take now: record your contributions, discuss joint names on titles, or a completed hibah. For your particular situation, please get advice from a Syariah lawyer or ask the state Syariah court. See Harta sepencarian.

Sources

← PreviousWe have a joint home or car loan. What happens to the debt after divorce?Next →I withdrew my EPF savings to help buy our house. Does that help a harta sepencarian claim?

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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