The Effectiveness of Sulh on Matrimonial Asset Division after Death of Spouse

Distribution of matrimonial assets to a deceased’s spouse is often fraught with difficulties taking a long time for settlement . This is due to the current provision relating to division of matrimonial asset based on the parties’ contribution to determine the appropriate proportion to the deceased’s spouse. Lack of evidence especially in proving the contribution of parties has caused difficulties for courts to reach a decision. This paper is aimed at examining the effectiveness of sulh with regards to the distribution of matrimonial asset upon the death of spouse. It uses qualitative method by collecting information from unreported cases within the period of 2000-2012 from six zones representing Syariah Courts in Malaysia. Analysis is made based on several variables such as types of matrimonial property, factors for consideration and proportion of distribution of assets. The findings show that sulh is an effective method to resolve issues relating to the contribution of parties in division of matrimonial asset due to death of a spouse. The findings also revealed that exclusive ownership of matrimonial assets, especially matrimonial home, by the deceased’s wife could provide adequate security and protection for her upon the death of her husband. Therefore, this study suggests the use of sulh as a mode of dividing matrimonial assets should be widely practised to prevent a costly and lengthy litigation process.