Section 60. Power of Court to order division of harta sepencarian. (ISLAMIC FAMILY LAW ENACTMENT 1992

ENACTMENT NO. 15 OF 1992
ISLAMIC FAMILY LAW ENACTMENT 1992

PART V - DISSOLUTION OF MARRIAGE

Section 60. Power of Court to order division of harta sepencarian.

(1) The Court shall have power, when permitting the pronouncement of talaq or when making an order of divorce, to order the division between the parties of any assets acquired by them during the marriage by their joint efforts or the sale of any such assets and the division between the parties of the proceeds of sale.

(2) In exercising the power conferred by subsection (1), the Court shall have regard to –

(

) the extent of the contributions made by each party in money, property, or labour towards acquiring of the assets;

(

) any debts owing by either party that were contracted for their joint benefit;

and, subject to those consideration, the Court shall incline towards equality of division.

(3) The Court shall have power, when permitting the pronouncement of talaq or when making an order of divorce, to order the division between the parties of any assets acquired during the marriage by the sole effort of one party to the marriage or the sale of such assets and the division between the parties of the proceeds of sale.

(4) In exercising the power conferred by subsection (3), the Court shall have regard to –

(

) the extent of the contributions made by the party who did not acquire the assets, to the welfare of the family by looking after the home or caring for the family;

(

) the needs of the minor children of the marriage, if any,

and, subject to those considerations, the Court may divide the assets or the proceeds of sale in such proportions as the Court thinks reasonable, but in any case the party by whose efforts the assets were acquired shall receive a greater proportion.

(5) For the purpose of this section reference to assets acquired during marriage includes assets owned before the marriage by one party that have been substantially improved during the marriage by the other party or by their joint efforts.