Conclusion

From the above discussion, it is clear that the status of the EPF money in the Shariah Court is still not clear. Despite the fact that it is admitted that the husband and wife can still enjoy their rights in acquiring property of their own as though they are not married, to a certain extent the court should consider the EPF money, provided that it is accumulated during the marriage, as a sole effort property. The justification adopted by the civil court, lies on the fact that if the EPF contributions were not deducted from the wages or salary of the worker, it would definitely go for providing for himself and the family. Being a sole effort property, the other spouse has to prove her contribution to the welfare of the family by looking after the home or caring for the family as well as the needs of the minor children as required in section 122(4) (a) and (b) of the IFLA Act. Pursuant to this, a proposal has been made by the Minister for Women and Family Development to the National Fatwa Council to make a fatwa regarding this matter and accordingly to urge all states to recognise the EPF money as harta sepencarian.

REFERENCE

Ahmad Ibrahim 1997. Family Law in Malaysia.3 rd. Edition Kuala Lumpur, Malayan Law Journal.

Ambiga Sreenevasan. 1987. “Financial provision: maintenance and property”, paper presented at Seminar Undang-Undang Keluarga, organised by Persatuan Wanita Universiti, Universiti Malaya, on 15-16 August..

Chew Swee Yoke, 1998. “Property disputes on divorce: to give ....or not to give. Malaysian Perspective & the practical approach.” Paper presented at the Seminar on Ancillary Relief Upon Divorce. Malaysian Bar Council. 21 November.

Goh Chen Chuan. 1996. Guide to the Employment Act and the Labour Laws of Malaysia. Kuala Lumpur. Leeds Publication.

Kamar Ainiah Kamaruzzaman. 2002 “Harta sepencarian: isu-isu dan amalan”, paper presented at the Seminar Isu-isu Mahkamah Syariah 2, organised by the Islamic and Family Law Department, International Islamic University Malaysia. 9 February.

Leong Wai Kum. 1989. “Division of matrimonial property upon termination of marriage”. 1 Malayan Law Journal. ppxiii-xxviii.

Suwaid Tapah. 2003. “Harta Sepencarian dan Wang Simpanan KWSP, paper presented at the Siri Penerangan Undang-undang Islam, organised by Panel Guaman dan Perundingan Syariah, Jabatan Syariah dan Undang-undang Akademi Pengajian Islam, Universiti Malaya, 24. May.

Suwaid Tapah. 2003. “Harta Sepencarian dan Wang Simpanan. Satu Perbincangan dari Sudut “Sumbangan Secara Tidak Langsung” Jurnal Syariah, 11 (2003) (1) hlm. 18.

Sharifah Salwa Syed Akil, “Syor wang KWSP ditakrif harta sepencarian”, Berita Harian, 1 May 2002, p.1.