s2 - 2006

CONFIDENTIAL LW/OCT 2006/LAW605/420/345

UNIVERSITI TEKNOLOG! MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

FAMILY LAW 1 LAW605/420/345

. OCTOBER 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 in the Answer Booklet.

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

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

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

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 pn'nted pages

Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

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

PART A

QUESTION 1

A grand wedding ceremony was held for the marriage between Leman and Lela. Unfortunately, four hours before the 'akad nikah' ceremony, Leman told Lela that he cannot proceed with their plan and asked Lela to find someone else as a bridegroom.

Advise Lela on the action she can take against Leman. (5 marks)

QUESTION 2

Zizi wanted to marry Zaidan but was strongly opposed by her father. Zizi and Zaidan then eloped to Golok, Thailand and solemnized their marriage there. When they came back to Malaysia, they filed an application to register their marriage at the Registrar of Muslim Marriage Departments in Kuala Lumpur. However, Zizi's father has objected to the application.

Discuss whether the above marriage can be registered. (5 marks)

QUESTION 3

In November 2000, Esah was informed by her husband's friends that they were attacked and robbed by a gang of pirates while they were fishing at sea. The pirates also kidnapped her husband. Since then, Esah has not heard any news of her husband. Recently, Esah met Tajol and decided to marry him. Esah now seeks your advice as to whether she can proceed with the marriage.

Advise Esah. (5 marks)

QUESTION 4

Ema has been divorced by her rich husband after 20 years of marriage. Ema wants to claim for mutaah. Advise Ema as to the factors that the court would consider in determining the amount of mutaah.

(5 marks)

QUESTION 5

Aiman died and is survived by two wives, three daughters and a mother. However, he left a will in which he disposed all his properties to his second wife only.

Discuss the validity of the will and how his estate should be distributed according to Islamic principles.

(5 marks) Hak Cipta Universiti Teknologi MARA CONFIDENTIAL


QUESTION 6

Under Islamic Law it is an obligation of the husband to give maintenance to his wife.

Discuss. (5 marks)



PARTB

QUESTION 1

The conditions set out in Section 23(4) of the Islamic Family Law (Federal Territories) Act 1984 are not in conflict with Surah An-Nisa verse 3. The conditions set out in the subsection are designed to ensure that there will be justice between the wives as required in the Holy Quran.

Discuss the above statement. (20 marks)

QUESTION 2

While you were conducting a Legal Clinic at UiTM, Athirah came to see you and told you her problems. Among the things she mentioned to you were that her husband, Khalil, had once warned her not to visit her parents' home. If she disobeyed him, she is considered divorced with triple talaq.

However, after a heated argument which took place between her and her husband, she decided to move into her parents' house. She had lived with her parents for three months and Khalil did not make any attempt to call or visit her. She is also four months pregnant. She wanted to know her present status.

Advise her. (20 marks)

QUESTION 3

John had married Janette according to Catholic rites and registered their marriage at the Registrar of Marriage. Ten years later, John embraced the religion of Islam and assumed the name of Johari.

Johari then married Yati, a Malay lady, and they had three children. Last month, Johari died due to heart problem.

Janette now claims Johari's pension and properties.

Yati seeks your advice as to her rights over Johari's pension and properties. (20 marks)



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.

END OF QUESTION PAPER


s2 - 2006

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