SIGNIFICANCE OF PROVISION FOR HARTA SEPENCARIAN IN POLYGAMY IN ISLAMIC FAMILY LAW OF MALAYSIA

Polygamous practice is permissible in Islam, subject to the condition of fairness (economically and socially) between the wives. Thus, associated with the practice of polygamy in Islam is the issue of fairness relating to the right to harta sepencarian (matrimonial property) for already existing wife or wives in a polygamous marriage, whether they have the right to harta sepencarian only upon divorce or demise of the spouse, whereas the duration of marriage with the wife or wives differ. The issue arising in this matter concerns the significance of a legal provision for harta sepencarian in polygamy. Hence the main objective of this article is to study the significance of a legal provision for harta sepencarian in polygamy in Islamic family law in Malaysia and its enforcement by the Shariah Court. This is a qualitative research based on content analysis method and the results are descriptively presented. Research finds that a legal provision to order division of harta sepencarian before the Court approves an application for polygamy is a significant approach to preserve the maslahah (benefit) of the couple in a marriage, particularly, to ensure the welfare of the wife or wives.