2005

PART C
QUESTION 1
Mawar has been married to Duri for ten years. They have three children aged
eight, five and two years. Mawar quit her job as Bank Manager on the request of
Duri when she gave birth to her first child. Over the years, Duri has become a
successful businessman and accumulated a lot of wealth.
Lately, Mawar was unhappy with her marriage life because Duri had neglected
his family. Mawar also knew that he was having an affair with his secretary. When
Mawar confronted him on these matters, he was so angry that he divorced her
with triple talaq. He forced her out of the house and she was not allowed to take
the children with her.
Two months after the incident, Duri regretted the whole event and wanted to
reconcile with her. Mawar agreed to reconcile with him when she knew that she
was two (2) months pregnant. She seeks your advice as to whether she should
reconcile with him and her other rights in the event that the divorce has taken
place.
Advise her.
(30 marks)
PART C
QUESTION 1
Emy sought your advice on the following matters:
a) She wanted a divorce from Reza, her husband because she no longer loves
him. Reza has been unemployed for almost three years and during this period
she has to support the family. Recently, she met her former boyfriend, Amir who
indicated his willingness to marry her if Reza divorce her.
(10 marks)
b) The present house in Shah Alam which was registered under Reza's name be
transferred to her. The house was bought by Reza using his retrenchment
compensation money but her parents helped him by settling the balance of the
price of the house.
(10 marks)
c) She wanted Reza to pay her maintenance during his period of unemployment.
Advise Emy.
(10 marks)

2006
PARTC
QUESTION 1
Shah and Lela are architects and they have been married for ten years. They
have two
children; a daughter who was born five months after their marriage and a son
aged four.
They have their own architecture firm and it was doing very well. Both of them
have
accumulated a lot of wealth.
Lately, Shah has been feeling sick. He went for his medical check up and his
doctor
confirmed that he had kidney problem. He has to undergo dialysis treatment
three times a
week. His condition deteriorated and he was bedridden. His doctor has informed
him that
there is a suitable donor in China who is willing to donate his kidney. Shah has
decided to
undergo the operation and before he left for China he has transferred all his
properties to his
wife as a precaution against any unwanted event that might take place during
the operation.
The operation was successful but when Shah returned to Malaysia, he was
shocked to
discover that his wife has filed an application for divorce at the Syariah Court of
Kuala
Lumpur. Later he found out that his wife was having an affair with a young man
named Sazli,
and she wanted to marry him.
Shah seeks your advice on the following matters:a) Whether his wife has any right to claim for the divorce in the above situation.
(10 marks)
b) Whether he could claim back all his properties that he had transferred to his
wife
before he went for the operation.
(10 marks)
c) Whether he could claim the custody of both his children.
(10 marks)
Advise Shah.

2006
PART C
QUESTION 1
Har Hock was married to Swee Lan according to Buddhist rites on 31st January
1990 and the
marriage was registered at the civil registration of marriage. They had two
children, aged 10
years and 12 years.
Lately, they have several serious marital problems and have constantly
quarreled with each
other. In order to resolve their problems and also to avoid tumult to their
children, they have
agreed to live separately. During these periods Har Hock has never failed to give
maintenance to Swee Lan and his children.
Recently, Har Hock has fallen in love with Mariam a Malay lady residing in Shah
Alam. They
have decided to marry. Har Hock had secretly embraced Islam and married
Mariam quietly.
Unfortunately, one day on his way to work, he was killed in a road accident.
Swee Lan has filed an action in the High Court of Kuala Lumpur to claim Har
Hock's body as
she intended to give him a Buddhist burial. She also claimed her rights over his
pension, his
money in the Employment Provident Fund (EPF), life insurance and other
properties.
At the same time Mariam too had filed a case in the Syariah High Court in Shah
Alam to
claim Har Hock's body and to give him an Islamic burial. She also claimed her
rights over his
pension, EPF, life insurance and other properties.
Advise Mariam and Swee Lan on their respective rights in the above matters.
(30 marks)
2007
PARTC
QUESTION 1
Murni sought your advice as her "Peguam Syarie" in the following matters:a) She has been married to her husband, Didi for thirty years. Since her husband
took
a second wife two years ago she has lost her respect and love for him. During
the
two years period her life was miserable and she though she would be better
without
her husband. She wanted a divorce but her husband refused to divorce her. Her
husband has stated that he still loves her and he has treated both of his wives
fairly.
She has admitted that her husband has treated her well but she could not accept
the
ideas of sharing her husband with other woman. She still insisted for the divorce.
(10 marks)
b) 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 3 bungalow houses, 5 shop lots and 3 luxury cars. Soon, upon his retirement
he
will be getting his Employment Provident Fund (EPF) money worth one million.
She
wanted to know whether she has any right over those properties and the EPF
monies
in case there is a divorce between them.
(15 marks)
c) She also stated that after all her children have grown-up, she has adopted a
boy,
now aged eight years. She wanted to know who should take care and give
maintenance to the child if there is a divorce.
Advise Murni.
(5 marks)
QUESTION 1
During the legal clinic conducted by the UiTM Law Society, Juli sought your
advice on her
marital problems. She informed that her husband, Razi, has a mistress and has
neglected
her and their children, a daughter aged two and a son aged eight. He has not
given her any
money and allowance for the past one year. Whenever he came home, he was
always in a
bad mood and on several occasions, abused her and the children. Her husband
has now
asked her to leave the house, claiming that the house belonged to him.
Juli could no longer tolerate her husband's treatment of her and the children. She
wants a
divorce and seeks your advice on both her and the children's rights.
Advise Juli.
(30 marks)
2008
PART C
QUESTION 1
Badariah has instructed En. Musa, a Syarie lawyer, to write a letter to Daniel, her
husband,
demanding him to do the following:a) To divorce her since he has married a new wife, Jalina. Badariah is not willing
to
share their marriage with another women.
b) To sell the house in Shah Alam which was acquired during their marriage and
to
divide the proceeds of the sale equally between them;
c) To pay her two years maintenance since he has not given any maintenance
during
the period.
d) To pay her muta'ah and maskahwin which he has still owed her.
Daniel has replied stating the following facts;a) He married another wife after Badariah was transferred to Kuala Terengganu.
Since
her transfer to Kuala Terengganu they hardly saw each other due to their heavy

working schedule. In addition, their week breaks fell on different days. If he had
not
married again, he is afraid that he might commit the sin of zina.
b) The house in Shah Alam was a gift from his grandmother for his wedding with
Badariah. She only helped him in renovating the house.
c) He had not given maintenance to Badariah for the past 2 years because she
refused
to quit her job when he did not agree with her transfer to Kuala Terengganu.
Despite the problems they faced in their marriage, Daniel has no intention to
divorce
Badariah because he still loves her.
In the light of these facts, advise Badariah as to her legal position.
(30 marks)
2009
PARTC
QUESTION 1
Jami sought your advice as her 'Peguam Syarie' in the following matters:a) The status of her marriage which was solemnized in Haadyai due to the
objection of
her parents and her husband's first wife.
(10 marks)
b) After three years, she realized that her decision to mary her husband was the
biggest
mistake she made in her life as there was no future in being the second wife. She
wanted to end the marriage.
(10 marks)
c) She wants to claim for the house and car which belongs to her husband as she
had
paid the down payment for both properties.
Advise her.
(10 marks)
2009
PARTC
QUESTION 1
Nurul has been married to Shah for ten years. They have three children aged 8, 5
and 2.
Nurul quit her job as a lecturer on the request of Shah after she gave birth to her
first child.
Over the years, Shah has become a successful businessman and has bought
many properties.
Lately, Nurul is unhappy with her married life because Shah is neglecting his
family. Nurul also knew that Shah is having an affair with his secretary. When
Nurul confronted him on these matters, he was so angry that he divorced her
with triple talaq. He forced her out of the house and she was not allowed to take
the children with her.
Two months after the incident, Shah regretted the whole event and wanted to
reconcile with her. Nurul agreed to reconcile with him when she discovered that
she was three months pregnant. She seeks your advice as to whether she should

reconcile with him. She also wants to know her other rights in the event of a
divorce.
Advise her.
(30 marks)
2010
PARTC
QUESTION 1
Zawiyah filed a petition against her husband, Latif, in the Syariah Court of Kuala
Lumpur. In
her statement of claim, she alleged the following:
a) Her husband married a second wife without permission from the court.
b) After the second marriage the husband seldom returned to their house.
c) Her husband had not given her and the children any allowance for the past
one year.
d) She wanted to claim half of the shares, monies and properties under the
husband's
name because she had been an active partner in the husband's company. She
was
worried that her husband will transfer these properties to his second wife.
e) Her husband must make a promise to the court to treat her fairly or else their
marriage would be terminated in accordance with the taklik pronounced by her
husband at the time of their marriage.
Latif, in his counter-claim, alleged the following:
i) Zawiyah had refused to move to the new house that he had bought because
she did
not want to leave her aging parents.
ii) Since his new office was far from the old house he had to take a second wife to
take
care of him.
iii) Every month Zawiyah was given a salary of RM3000 as the director in his
company.
iv) She could not claim half of the shares, moneys and properties under his name
because they were still husband and wife.
As the Syariah judge who would hear this case, how would you settle the
dispute?
(30 marks)

2011
PARTC
QUESTION 1
Zila has instructed her Syarie Lawyer to write a letter to Amar, her husband,
stating the
following matters:a) To divorce her because he has neglected her for a period of 2 years after his
second
marriage;
b) To sell the house in Shah Alam, which was bought during their marriage and to
divide
the proceed of the sale equally between them;
c) To pay her 2 years maintenance, since he has not given her any maintenance
during
those periods.
Amar has replied the letter and has stated the following facts:i) he has not neglected her but she has left him and went back to her parents'
house;
ii) when he wanted to take her back she refused to follow him;
iii) the house in Shah Alam was a gift from his father and Zila only made small
contribution in the renovation of the house;
iv) despite the problems they faced in their marriage, he still loved her and has
no
intention to divorce her.
In the light of these facts, advise Zila as to her legal position.
(30 marks)
2012
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)
2013
PARTC
QUESTION 1
Aminah seeks your advice on the following matters. According to Aminah:
a) "I am a primary school teacher. I married Ishan, a mechanic, in 2000. With his
parents' help, he started a motor repair shop. He earns about RM 3,000 a month.
On the day I married Ishan, he had read the ta'liq after pronouncing the ijab and
qabu\. Two weeks ago, my husband, Ishan, came home and assaulted me when I
refused to give him money. He sold off my wedding jewellery without my
permission.
We argued and Ishan uttered "I divorce you, I divorce you, I divorce you".
Explain to Aminah whether she has been divorced by her husband.
(10 marks)
b) "In 2001, I took a goverment housing loan to purchase a double-storey terrace
house.
Ishan gave me RM 10,000 as deposit for the house. The government loan taken
is for
a period of 25 years. We have been staying in the house ever since. The house
has
been renovated to enlarge the kitchen and the master bedroom.
In the same year, I bought a car and the down payment of RM3,000 was
provided by
Ishan. The car was financed by Maybank Finance Bhd and the instalments were
paid
by me.
In 2004, Ishan bought a piece of land at Tanjong Karang and he leased it to his
friend
Borhan. Both of them entered into a project to rear goats. The project prospered
and
he gets a monthly income of RM1,000 from sale of the goats".
Explain to Aminah her right to property in the event of her divorce with Ishan.
(10 marks)
c) "As a result of the marriage we have two children, Haikal, aged 8 and Hayati,
aged 2.
I want custody of both children for I fear Ishan might abuse them physically".
Explain to Aminah her right for custody of the children and Ishan's right of
maintainance for the children.

(10 marks)
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.