CONFIDENTIAL LW/OCT 2007/LAW605/420/345

UNIVERSITI TEKNOLOGI MARAFINAL EXAMINATION

COURSE

COURSE CODE

EXAMINATION

TIME

: FAMILY LAW 1

: LAW605/420/345

: OCTOBER 2007

: 3 HOURS

INSTRUCTIONS TO CANDIDATES

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

Answer ALL questions from PART A and PART C and TWO (2) questions from PART B inthe Answer Booklet. Start each answer on a new page.

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

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 theinvigilator, 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 printed pages© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

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PART A

QUESTION 1

Zaidah has been engaged to Fuad for two years. The marriage ceremony would be held on1st June 2007. However, on 30th May 2007 Fuad told Zaidah that he has met someone elseand that he has decided not to marry Zaidah. On hearing the news, Zaidah was so frustratedand was hospitalised for one week due to acute depression.

Zaidah now wishes to sue Fuad for RM30,000 being the expenses incurred in preparation ofwedding and the general damages for the injured feeling and wounded pride.

Advise Zaidah.(5 marks)

QUESTION 2

Halimah had made an application to the Syariah Court in Shah Alam for the appointment ofWali Raja. Her father refused to give his consent to her proposed marriage with herboyfriend, Wirawan, an Indonesian. The reasons why her father refused to allow Halimahmarrying Wirawan because he was afraid that Wirawan would take Halimah to Indonesia.Halimah is the only daughter he has. The other reason is he wanted Halimah to finish herstudies first before getting married.

Discuss whether the Syariah Court would allow Halimah's application.(5 marks)

QUESTION 3

Discuss the differences between the Shafie and the Maliki School of Law concerning thegrounds for fasakh in the various Islamic Family Law Enactments in Malaysia.

(5 marks)

QUESTION 4

Bukhori refused to give maintenance to the child that was born six months after his marriageto Bibi, alleging that the child was not his.

Discuss the legality of the action.

(5 marks)

QUESTION 5

A divorced wife is entitled to muta'ah even though she was nusyuz.

Briefly discuss the above statement.(5 marks)

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PARTB

QUESTION 1

a) Explain the reasons for the amendment of Article121 of the Federal Constitution in1986.

(5 marks)

b) Consider whether the introduction of Article 121(1 A) of the Federal Constitution haveresolved the issues of conflict of jurisdiction between the Syariah Court and the CivilCourt.

(5 marks)

c) In your opinion consider whether there should be any further amendment made tothe Federal Constitution or other legislations in order to resolve the issues of conflictof jurisdiction. Give your reasons.

(10 marks)

QUESTION 2

Since her divorce two years ago, Shima left her two children, aged 2 and 3, in the custody ofher ex-husband, Salleh. When Shima knew that Salleh had remarried and the two childrenwere under the care of Salleh's new wife, she decided to claim the custody over the children.She was worried that her children would be mistreated and neglected once Salleh's new wifehad her own child.

Salleh objected to the custody claimed. He argued that both the children were now veryattached to their stepmother since they had been in her care for over two years.

Advise Shima as to the prospect of her claim.(20 marks)

QUESTION 3

Adam was married to Adina for twelve years. He has applied to the Syariah Court in ShahAlam for permission to take Cinda as his second wife. The reasons given by Adam to justifyhis action were that Adina is no longer attractive and they have no children. Furthermore heis very close to Cinda, his secretary and they love each other. Adam and Cinda were afraidthat if they are not married they might commit zina.

Advise Adam.(20 marks)

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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 tooka second wife two years ago she has lost her respect and love for him. During thetwo years period her life was miserable and she though she would be better withouther husband. She wanted a divorce but her husband refused to divorce her. Herhusband 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 theideas 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 propertiesare 3 bungalow houses, 5 shop lots and 3 luxury cars. Soon, upon his retirement hewill be getting his Employment Provident Fund (EPF) money worth one million. Shewanted to know whether she has any right over those properties and the EPF moniesin 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 givemaintenance to the child if there is a divorce.

Advise Murni.(5 marks)

END OF QUESTION PAPER

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