CONFIDENTIAL

LW/JAN 2012/LAW6051420/345
UNIVERSITI TEKNOLOGI MARA
FINAL EXAMINATION
COURSE

FAMILY LAW I (ISLAMIC) I FAMILY LAW I I

ISLAMIC FAMILY LAW
COURSE CODE

LAW60514201345
EXAMINATION

JANUARY 2012
TIME

3 HOURS
INSTRUCTIONS TO CANDIDATES
1. This question paper consists of three (3) parts: PART A (6 Questions)
PART B (2 Questions)
PART C (1 Question)
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) Translation of Quran
ii) Islamic Family Law (Federal Territories) Act 1984
iii) 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) the Question Paper
ii) 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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2 LW/JAN 2012/LAW60514201345
PART A
QUESTION I
A week before his wedding, Umar disappeared and cannot be contacted by his family.
Discuss the remedy available to Ainun, his fiance.
(5 marks)
QUESTION 2
Farid is attracted to his secretary, Susan, a Christian girl. After two years of knowing each
other, Farid proposed to Susan to be his wife. Susan accepted the proposal but refused to
convert to Islam.
Discuss on whether they could enter into a contract of marriage according to Islamic Law.
(5 marks)
QUESTION 3
Esah complains that her husband has not given her maintenance for the past one year
because he has lost his job. Esah now wants to know whether this situation would allow her
to file for a divorce.
Advise Esah.
(5 marks)
QUESTION 4
Maria seeks your advice as to whether she can take legal action against her husband as he
has abused her physically, pawned her jewellery and stolen her money.
Advise Maria.
(5 marks)
QUESTION 5
Kamarul was told by his aunt that he was not entitled to inherit his father's property because
he is not the legitimate son of his father. He was born 6 months after his parents' marriage.
Advise Kamarul.
(5 marks)
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QUESTION 6
Badrul died of heart cancer. He was survived by two wives, two daughters and one adopted
son. He left a will in which he disposed half of his property to his adopted son, Mamat.
Discuss on the distribution of his estate according to Islamic Law.
(5 marks)
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PART B
QUESTION I
Daud and Shikeen were married in 2005 in Kuala Lumpur. Daud is a business man and due
to his nature of work, he often travels. As they have three little children, Daud told Shikeen
that it would be better for him to go on his own to all those places.
Daud met Alia, aged 23 years old, who was working as a nurse in a hospital in Kelang. Daud
had informed Alia that he was married with two children and intended to propose to Alia as
his second wife. Alia agreed to the proposal. However, her father strongly objected to the
idea because he did not want his daughter to marry a married man. At the same time,
Shikeen also objected to her husband's intention to contract a second marriage.
Despite these objections, Daud has filed an application to the Syariah Court for permission
to marry Alia. He was afraid that if they are not married they might commit the sin of zina.
Alia has also filed an application to the Syariah Court for the appointment of a Wa/i Raja to
enable her to marry Daud.
With reference to the Hukum Syara', statutory provisions and relevant cases, discuss on
whether their applications would be approved by the Syariah Court.
(20 marks)
QUESTION 2
Aiman has been divorced by her husband, Fuad. They have four children, Qayyum aged 9
years, Siddik aged 6 years, and twin girls aged 1 year. Since the divorce, the twins have
been staying with Fuad's parents in Shah Alam while Qayyum and Siddik stay with Aiman.
Aiman now wishes to apply for custody of her twin girls, now aged 2 years.
With reference to Hukum Syara', statutory provisions and relevant cases, discuss the
following:
a) Whether Aiman's application for custody would be successful.
(14 marks)
b) Assuming her claim is successful, could Aiman claim maintenance for the children
from her former husband?
(6 marks)
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PART C
QUESTION I
Farisha seeks your advice as her 'Peg uam Syarie' in the following matters:
a) She has been married to Firdaus for 10 years. When she was informed that her
husband has contracted a second marriage, she felt frustrated and betrayed. She
moved to her parents' house and lived with her parents for four months. During this
period, Firdaus did not give her maintenance. She wishes to claim the maintenance
from her husband.
(5 marks)
b) She went back to her house when Firdaus came and persuaded her. He promised to
treat both his wives fairly. However, since her husband took a second wife she has
lost her respect and love for him. Her life was miserable and she thought she would
be better off without her husband. She wanted a divorce but her husband refused to
divorce her. Her husband has stated that he still loved her. She admitted that her
husband has treated her well but she could not accept the idea of sharing her
husband with another woman. She insists on the divorce.
(10 marks)
C) She has stated that during their marriage, her husband, a Chief Executive Officer
(CEO) in a well known company, has bought many properties. Among his properties
are two bungalow houses, three shop lots and three luxury cars. All the properties
are registered in the name of her husband, except their matrimonial house of which
she is the joint owner. Soon, upon his retirement he will be getting his Employment
Provident Fund (EPF) money worth one million. She wants to know whether she has
any right over those properties and the EPF monies in case there is a divorce
between them.
(10 marks)
d)If there is a divorce, she wants to know whether she is entitled for mutaah.
(5 marks)
Advise Farisha.
END OF QUESTION PAPER
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