ISLAMIC FAMILY LAW (STATE OF PENANG)
PART VIII - MISCELLANEOUS
Distribution of Harta Sepencarian
Section 122. Power of Court to order distribution 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 distribution between the parties of any assets acquired by them during their 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—
(a) the extent of the contributions made by each party in money, property, or labour towards acquiring the assets;
(b) any debts owing by either party that were contracted for their joint benefit;
(c) the needs of the minor children of the marriage, if any,
and, subject to those considerations, the Court shall make distribution of equal proportions.
(3) The Court shall have power, when permitting the pronouncement of talaq or when making an order of divorce, to order the assets acquired during the marriage by the sole efforts of one party to the marriage to be distributed between them or that the assets be sold the proceeds of sale be distributed between them or for any such assets be sold and the proceeds of sale be distributed between the parties.
(4) In exercising the powers conferred by subsection (3), the Court shall have regard to—
(a) the extent of the contributions made by the party, who did not acquire the assets, to the welfare of the family by caring for the home or caring for the family;
(b) 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 deems reasonable, but in any case the party by whose efforts the assets were acquired shall receive a greater proportion.
(5) For the purposes of the section, references to assets acquired during a marriage by one party include 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.
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