ENACTMENT No. 1 Of 1984 ISLAMIC FAMILY ENACTMENT 1979
PART V - DISSOLUTION OF MARRIAGE
Section 49. Jurisdiction to order distribution of joint property.
(1) A Court shall have jurisdiction when allowing a pronoucement of talak or when making an order for divorce to order any asset acquired jointly by both parties during the marriage to be apportioned between the two parties or order a sale of the asset and the proceeds thereof be apportioned between the parties.
(2) In exercising the jurisdiction conferred by subsection (1) the Court shall take into consideration the following:
(a) the amount of contribution made by each of the party either in the form of money, property of effort in the acquisition of that asset;
(b) any loan made by either of the parties in this joint-effort;
(c) the needs of any of the children who have not attained majority, if any, from the said marriage;
and subject to this consideration, the Court shall if it is practicable, make an order for an equal division.
(3) A Court shall have jurisdiction, when allowing a pronouncement of talak or when making an order for divorce to order any asset acquired by individual effort of any of the party to the marriage during the marriage to be apportioned between the parties or order the sale of the asset and the proceeds thereof to be apportioned between the parties.
(4) In exercising the jurisdiction conferred by subsection (3) the Court shall take into consideration the following:
(a) The amount of contribution made by the other party not in possession of property towards the welfare of the family by running the matrimonial home or looking after the family;
(b) the needs of the children who have not attained majority, if any, from the said marriage:
and subject to this consideration the Court may apportion the asset or the proceeds of the sale thereof in accordance to any rate it considers fair:
Provided the party acquiring the asset by his contribution shall receive a higher rate.
(5) For the purpose of this section reference to any asset acquired during the marriage includes asset owned by the party before the marriage which has been appreciated for the major part during the marriage by other party or with their joint effort.