s1 - 2006

CONFIDENTIAL UNI APR 2006/LAW605/420/345

UNIVERSITI TEKNOLOGI MARAFINAL EXAMINATION

COURSE

COURSE CODE

EXAMINATION

TIME

: FAMILY LAW 1

: LAW605/420/345

: APRIL 2006

: 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of THREE (3) parts : PART A (6 Questions)PART B (3 Questions)PART C (1 Question)

2. Answer ALL questions from PART A and PART C and TWO (2) questions from PART B.

3. Candidates are strongly advised to allocate not more than 60 minutes for answeringquestions in PART A.

4. An answer to a new question should start on a new page.

5. 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 Enacment 2002

6. Candidates are not allowed to bring any materials, other than those allowed by theinvigilator, into the examination room.

7. 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 SOThis examination paper consists of 5 printed pages

Hak Cipta Universiti Teknologi IMARA CONFIDENTIAL

CONFIDENTIAL 2 LW/APR 2006/LAW605/420/345

PART A

QUESTION 1

Fuad had married Maria, a Christian, without her converting to Islam. Discuss the validity ofthis marriage according to Islamic Law.

(5 marks)

QUESTION 2

Zali and Zetty entered into an arranged marriage. After several months of marriage, Zettyrealized that her husband was a gambler, a drunkard and did not pray. She now wishes toterminate the marriage.

Advise Zetty.(5 marks)

QUESTION 3

Bob and Shima had been married for ten years. Two months ago, Bob was transferred toSarawak, leaving Shima and the children in Shah Alam. One day, Bob was informed by hisfriend that Shima had intimate relationships with his neighbour, Fadil. Angry and frustrated,Bob sent a short messaging service (sms) to Shima divorcing her with 3 talaqs.

Bob seeks your advice on the validity of the above talaq.(5 marks)

QUESTION 4

A Muslim woman is entitled to maintenance from her husband upon marriage.

Discuss.(5 marks)

QUESTION 5

Azril filed an application to the Syariah Court of Shah Alam for permission to contract asecond marriage. He claimed that he earns RM 10,000.00 a month, enough to support morethan one wife.

Advise Azril what he needs to fulfill before he can contract a second marriage.

(5 marks)

Hak Cipta Universiti Teknologi MARA CONFIDENTIAL


QUESTION 6

Rosman has nominated Rosni, his second wife, to be the beneficiary for the sums of moneyin his Employee Provident Fund and his life insurance policy.

Discuss whether Rosni is entitled to all the monies in the above sources upon Rosman'sdeath.

(5 marks)



PARTB

QUESTION 1

Zira, an orphan, was raised by her paternal uncle after her parents died in a car accident.Zira is now aged 19 years old, and she plans to marry her boyfriend, Saif Khan, a Pakistanistudent at the International Islamic University. She intends to migrate to Pakistan after themarriage.

Her uncle refuses to give his consent to the marriage and plans to marry Zira to his son,Zaid, so that she would remain in Malaysia. Zira insists on marrying Saif Khan despite theobjection from her uncle.

Zira sought your advice on how she could marry Saif Khan without her uncle's consent.

Advise Zira.

(20 marks)

QUESTION 2

Shah had divorced Ana with a single talaq due to the differences between Ana and hismother over the upbringing of their children. Immediately after the divorce, Shah took theirtwo children, aged 6 years old and 2 years old to stay with his mother in Kuala Muda.

Ana has applied for custody of her children after getting a new job as a public relation officerin an international company and was quite settled with her new life. Shah objected to Ana'sapplication of custody by stating that the children were quite used to his mother and theyloved their grandmother after staying for 2 years with her. He also alleged that Ana's new jobrequired her to travel a lot and she would not be able to take care of the children as good ashis mother. Ana planned to employ an Indonesian maid to take care of the children while sheis at work.

If you are the Syarie Judge, how would you decide?(20 marks)

QUESTION 3

Mutaah and harta sepencarian are two rights conferred by the Syariah Law onto thedivorced wife to enable her to lead a new life after divorce.

Discuss.(20 marks)



PART C

QUESTION 1

Har Hock was married to Swee Lan according to Buddhist rites on 31st January 1990 and themarriage was registered at the civil registration of marriage. They had two children, aged 10years and 12 years.

Lately, they have several serious marital problems and have constantly quarreled with eachother. In order to resolve their problems and also to avoid tumult to their children, they haveagreed to live separately. During these periods Har Hock has never failed to givemaintenance to Swee Lan and his children.

Recently, Har Hock has fallen in love with Mariam a Malay lady residing in Shah Alam. Theyhave 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 asshe intended to give him a Buddhist burial. She also claimed her rights over his pension, hismoney 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 toclaim Har Hock's body and to give him an Islamic burial. She also claimed her rights over hispension, EPF, life insurance and other properties.

Advise Mariam and Swee Lan on their respective rights in the above matters.(30 marks)

END OF QUESTION PAPER


s1 - 2006

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