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Matrimonial property is one of the practices come from Malaysian traditional practices. It has been recognized as a legal jurisdiction and enforced in Malaysian legal system. This tradition has been practiced in Syariah Courts in Malaysia. However, throughout the practices, there is an issue has prompted regarding the standard that been used in partition processes in the matrimonial property. This article questions an issue regarding the principle of fairness that being used while the partition event in the matrimonial property. This article relies upon analysis and critical study to specifically focus on the principle of justice while the partition event of the matrimonial property. Thus, the objective of the matrimonial property practices as it guarantees women rights can be balanced and in line with other benefits such as to ensure the family is in harmony constantly.

journal of islam in asia

MaqāṢid Al-‘Adl (Keadilan) Dalam Isu Tuntutan Harta Sepencarian di Malaysia (The Objective of Fairness (al-‘Adl) in The Matrimonial Property Conflict in Malaysia)