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LW/JUN 2012/LAW605/420/345

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE

FAMILY LAW I (ISLAMIC) / FAMILY LAW I /

ISLAMIC FAMILY LAW

COURSE CODE

LAW605/420/345

EXAMINATION

JUNE 2012

TIME

3 HOURS

INSTRUCTIONS TO CANDIDATES
PART A (5 Questions)
PART B (2 Questions)
PART C (1 Question)

1.

This question paper consists of three (3) parts

2.

Answer ALL questions in the Answer Booklet. Start each answer on a new page.

3.

Candidates are allowed to bring in the following statutes (unannotated):

i)
ii)
iii)

Translation of Quran
Islamic Family Law (Federal Territories) Act 1984
Kelantan Islamic Family Law Enactment 2002

4.

Do not bring any material into the examination room unless permission is given by the
invigilator.

5.

Please check to make sure that this examination pack consists of:
i)
ii)

the Question Paper

an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 5 printed pages
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LW/JUN 2012/LAW605/420/345

PART A

QUESTION 1
Azmi and Hasnah agreed to be married on her birthday that is 6 June. However on the very
day, Azmi and his entourage never turned up at the mosque for the akad nikah.
Advise Hasnah of her rights due to breach of promise to marry.
(6 marks)

QUESTION 2
Kamal, while doing his Masters in New Zealand, befriended Jane, a Christian girl. He wishes
to marry Jane.
Discuss briefly whether they could enter into a contract of marriage according to Islamic law.
(6 marks)
QUESTION 3
Asmah gave birth to Johan six months after she married Yusof. Yusofs mother intends to
contest the legitimacy of Johan.
Advise Asmah.
(6 marks)

QUESTION 4
Muta'ah can be claimed by divorced wives.
Explain briefly the instances in which Muta'ah can be claimed.
(6 marks)
QUESTION 5
Johan died in a road accident, and is survived by two wives, two sons, Junid aged 21 years
and Shafiq aged 18 years and an adopted daughter, Nur Ezah aged 3 years.
Explain briefly on the distribution of Johan's estate for the above beneficiaries.
(6 marks)

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LW/JUN 2012/LAW605/420/345

PARTB

QUESTION 1
Sudirman and Fasha were married in 2006 in Kuala Lumpur. Sudirman is an active
pendakwah. He travels often to Kelantan and Sabah to conduct religious teachings.
Sudirman and Fasha have two children, Misha, aged four years and Rahman, aged one
year.
Sudirman met Suhana, aged 25 years old, who is a teacher in a village in the interior region
of Sabah. Sudirman has approached Suhana's parents for her hand in marriage and
informed them that he is a married man with two children. Suhana's father, however,
objected to the proposed marriage because he does not want his daughter to marry a
married man. Suhana was upset with her father's objection and proposed to file an
application for the appointment of a Wali Raja to enable her to marry Sudirman.
Sudirman has informed Fasha that he has put in an application to marry Suhana but Fasha
objected to his marriage for she is still young and is able to conceive his children and she
feels that Sudirman is not financially capable to maintain two household.
With reference to Hukum Syara', statutory provisions and relevant cases, discuss on
whether the applications by Sudirman and Suhana would be approved by the appropriate
Syariah Court.
(20 marks)

QUESTION 2
Fatin Sarah got divorced by her husband, Roslan, in January 2012. They have four children,
Adam aged 16 years, Idris aged 10 years, Rokiah and Fatimah twin girls aged 8 months.
Since the divorce, Fatin Sarah and the twins stayed with her parents in Shah Alam, while the
boys were with their father. Two months after the divorce, Roslan married Zeemah, his
secretary and the boys continued staying with him.
Fatin Sarah has recently informed Roslan that she will be marrying Harman, a businessman,
in October 2012.
With reference to Hukum Syara', statutory provisions and relevant cases discuss the
following:
a)

Roslan has put in an application for the custody of the twins, since Harman is not
their muhrim.
Consider whether his application would be approved by the Syariah Court.
(10 marks)

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b)

LW/JUN 2012/LAW605/420/345

Fatin Sarah wishes to claim from Roslan arrears of maintainence for the twins, who
were in her care since their divorce.
Explain whether her claim would be approved by the Syariah Court.
(10 marks)

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LW/JUN 2012/LAW605/420/345

PARTC

QUESTION 1
Aminah appointed you as her Peguam Syarie and seeks your advice in the following
matters:
a)

She has been married to Ayob for 25 years. They have two children, Azman, aged 21
years and Dina, aged 20 years, who are both studying overseas. When she was
informed by her husband that he had contracted a second marriage, she felt
betrayed. With Ayob's permission, however, she went off to Mecca to perform umrah
with her parents for a month. Upon her return, she was shocked to discover that
Nisha, the second wife, was staying in their house. She had a heated argument with
her husband during which he uttered to her:
"I divorce you, I divorce you, I divorce you".
Aminah left the house and went to stay at her parents' house. Aminah wishes to
know her status.
(10 marks)

b)

Two weeks later, Ayob came to her parents' house and persuaded her to return and
promised to rent a house for Nisha. The house rented to Nisha was two streets away.
Most of the nights, Ayob was at Nisha's house. Aminah was miserable and felt that
Ayob is not being fair. She asked for a divorce but Ayob refused to divorce her.
Aminah however felt that she no longer loves Ayob and can live without him.
Aminah wishes to know whether she could dissolve her marriage despite Ayob's
refusal.
(10 marks)

c)

During their marriage, Ayob, an architect of a well-known firm, has bought many
properties. Among his properties are two bungalows, three shop lots, and two MPVs.
The two bungalows were registered in her name and the other properties were in his
name. The matrimonial home however was jointly owned by them. Ayob will be
retiring soon and he will be getting his Employment Provident Fund (EPF) money
worth one million.
She wants to know whether she has any right over the properties and the EPF
monies in case there is a divorce between them.
(10 marks)

END OF QUESTION PAPER

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