The concept of harta sepencharian 1 1The modern Malay spelling is sepencarian, but in this article the older form sepencharian has been used as it has become a standard term in Malaysian legal practice. View all notes, a derivative of the Malay cultural custom (literally, adat) in Malaysia is now considered an integral element of shari'a secondary sources of âUrf (customary laws). This concept - harta (Malay: property), sepencharian (Malay: jointly acquired) is the recognition of a married partner's share (both husband and wife) in property acquired during the material time of the marriage, regardless of whether the party in question (usually the wife) appears not to have contributed financially to its purchase or development, or even if the marriage ends through the death of either party. The article explores the evolution of the legal process that validates and promotes harta sepencharian to the level of âUrf through the analysis of locally decided cases in both civil and shari'a court systems. This development signifies that the substantive and procedural dynamism of shari'a itself, and the uniqueness and applicability of Malay customary laws, transcend temporal and spatial differences. They particularly challenge the assumption that the local laws, including Islamic law, are passive. View full textDownload full textRelated var addthis_config = { ui_cobrand: "Taylor & Francis Online", services_compact: "citeulike,netvibes,twitter,technorati,delicious,linkedin,facebook,stumbleupon,digg,google,more", pubid: "ra-4dff56cd6bb1830b" }; Add to shortlist Link Permalink http://dx.doi.org/10.1080/13639811.2010.489349
展开▼
