s2-2012

CONFIDENTIAL LW/JUN 2012/LAW605/420/345

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE

COURSE CODE EXAMINATION TIME

FAMILY LAW I (ISLAMIC) / FAMILY LAW I / ISLAMIC FAMILY LAW LAW605/420/345 JUNE 2012 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of three (3) parts PART A (5 Questions) PART B (2 Questions) PART C (1 Question)

2. 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

Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

CONFIDENTIAL 2 LW/JUN 2012/LAW605/420/345

PART A

QUESTION 1

Azmi and Hasnah agreed to be married on her birthday that is 6 June. However on the very day, Azmi and his entourage never turned up at the mosque for the akad nikah.

Advise Hasnah of her rights due to breach of promise to marry. (6 marks)

QUESTION 2

Kamal, while doing his Masters in New Zealand, befriended Jane, a Christian girl. He wishes to marry Jane.

Discuss briefly whether they could enter into a contract of marriage according to Islamic law.

(6 marks)

QUESTION 3

Asmah gave birth to Johan six months after she married Yusof. Yusofs mother intends to contest the legitimacy of Johan.

Advise Asmah. (6 marks)

QUESTION 4

Muta'ah can be claimed by divorced wives.

Explain briefly the instances in which Muta'ah can be claimed. (6 marks)

QUESTION 5

Johan died in a road accident, and is survived by two wives, two sons, Junid aged 21 years and Shafiq aged 18 years and an adopted daughter, Nur Ezah aged 3 years.

Explain briefly on the distribution of Johan's estate for the above beneficiaries. (6 marks)



PARTB

QUESTION 1

Sudirman and Fasha were married in 2006 in Kuala Lumpur. Sudirman is an active pendakwah. He travels often to Kelantan and Sabah to conduct religious teachings. Sudirman and Fasha have two children, Misha, aged four years and Rahman, aged one year.

Sudirman met Suhana, aged 25 years old, who is a teacher in a village in the interior region of Sabah. Sudirman has approached Suhana's parents for her hand in marriage and informed them that he is a married man with two children. Suhana's father, however, objected to the proposed marriage because he does not want his daughter to marry a married man. Suhana was upset with her father's objection and proposed to file an application for the appointment of a Wali Raja to enable her to marry Sudirman.

Sudirman has informed Fasha that he has put in an application to marry Suhana but Fasha objected to his marriage for she is still young and is able to conceive his children and she feels that Sudirman is not financially capable to maintain two household.

With reference to Hukum Syara', statutory provisions and relevant cases, discuss on whether the applications by Sudirman and Suhana would be approved by the appropriate Syariah Court.

(20 marks)

QUESTION 2

Fatin Sarah got divorced by her husband, Roslan, in January 2012. They have four children, Adam aged 16 years, Idris aged 10 years, Rokiah and Fatimah twin girls aged 8 months. Since the divorce, Fatin Sarah and the twins stayed with her parents in Shah Alam, while the boys were with their father. Two months after the divorce, Roslan married Zeemah, his secretary and the boys continued staying with him.

Fatin Sarah has recently informed Roslan that she will be marrying Harman, a businessman, in October 2012.

With reference to Hukum Syara', statutory provisions and relevant cases discuss the following:

a) Roslan has put in an application for the custody of the twins, since Harman is not their muhrim.

Consider whether his application would be approved by the Syariah Court. (10 marks)



b) Fatin Sarah wishes to claim from Roslan arrears of maintainence for the twins, who were in her care since their divorce.

Explain whether her claim would be approved by the Syariah Court. (10 marks)



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)

END OF QUESTION PAPER


s2-2012

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