DIVISION OF MATRIMONIAL PROPERTY IN MALAYSIA: THE LEGAL HISTORICAL PERSPECTIVE

Abstract

Matrimonial property under the Malaysian family law refers to the property that is jointly acquired by husband and wife during the marriage. Under the present law, in dividing the matrimonial property upon divorce, the court will look at the parties' contribution through direct or indirect contribution. The article focuses on the development of the law governing the division of matrimonial property from a historical context. The discussion concentrates on the main races of Malaysya i.e., Malay, Chinese and Indian which were previously governed by their respective customs. Is is interesting to see whether custom practised by different races in Malaysia play any role in the development of law concerning the division of matrimonial property. The article looks at how  the customs and practices of these races evolved into the present legal provision.