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UNlVERSlTl TEKNOLOGI MARA

FINAL EXAMINATION

,
COURSE

: FAMILY LAW I

COURSE CODE

: LAW60514201345

DATE

: 29 MARCH2005

TIME

SEMESTER

: NOVEMBER 2004 -APRIL 2005

3 HOURS (9.00 A.M. 12.00 P.M.)

INSTRUCTIONS TO CANDIDATES
1.

This question paper consists of THREE (3) parts : PART A (6 Questions)

PART B (2 Questions)
PART C (1 Question)

2.

Answer ALL questions from ALL THREE (3) parts,

3.

Candidates are strongly advised to allocate not more than 60 minutes for answering
questions in PART A.

4.

An answer to a new question should start on a new page.

5.

Candidates are allowed to bring in the following statutes (unannotated):

0)
Translation of Quran
Islamic Family Law (Federal Territories) Act 1984
(ii)
Kelantan Islamic Family Law Enacment 1983.
(iii)

6.

Candidates are not allowed to bring any materials, other than those allowed by the
invigilator, into the examination room.

7.

Please check to make sure that this examination pack consists of:
(0
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 4 printed pages
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PART A
QUESTION 1
State the difference between section 15 of the Islamic Family Law (Federal Territory) Act
1984 and section 8 of the Kelantan Islamic Family Law Enactment 1983.
(5 marks)
QUESTION 2
Discuss whether Article 121(IA) of the Federal Constitution has resolved the issue of conflict
in decisions between the syariah court and the civil court.
(5 marks)
QUESTION 3
Kiah intends to marry Hanafiah, her boyfriend but her father strongly objects.
Advise Kiah as to how she can proceed with the marriage
(5 marks)
QUESTION 4
Komeng refused to give maintenance to his child alleging that the child was not his. The
child was born 6 months after his marriage to Ratiq.
Discuss the legality of his action,
(5 marks)
QUESTION 5
What are the factors that need to be considered by syariah judge in determining the amount
of mutaah claimed by a divorced wife.
(5 marks)
QUESTION 6
Baba has nominated his second wife to be his assignee in his life insurance policy. In the
event of his death, state whether she is entitled to all of his insurance money as a
beneficiary.
(5 marks)

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LWIMAR 20051LAW60514201345

PART B
QUESTION 1
Tan Tong is a successful businessman and was married to Swee Ann in 1990. Ten years
later, Tan Tong converted to lslam but Swee Ann remains a non-muslim. Tan Tong latgr
married Timah and they now have two (2) children. Recently, Tan Tong had a heart attatk
and died. Swee Ann has filed an action in the High Court claming a right over the estates of
the deceased.
Discuss the following matters:a)

Whether Swee Ann's application in the High Court would be successful.

b)

The view of Islamic law following his conversion to lslarn on the status of Tan Tong's
former marriage.
(5 marks)

(15 marks)

QUESTION 2
" He who meditates on the meaning of the two verses (of the Holy Quran) will know that the
permission for polygamy in Islam is very restricted; it is equivalent to an exceptional measure
which will only be conceded at the condition of his being sure to observe justice".
C C Adam, lslarn and Modernism in Egypt (1933), London at p 230

Comment the above statement with regard to the law of polygamous marriages that has
been practised in Malaysia.
(20 mark)

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PART C
QUESTION 1
Mawar has been married to Duri for ten years. They have three children aged eight, five and
two years. Mawar quit her job as Bank Manager on the request of Duri when she gave birth
to her first child. Over the years, Duri has become a successful businessman and
accumulated a lot of wealth.
Lately, Mawar was unhappy with her marriage life because Duri had neglected his family.
Mawar also knew that he was having an affair with his secretary. When Mawar confronted
him on these matters, he was so angry that he divorced her with triple talaq. He forced her
out of the house and she was not allowed to take the children with her.
Two months after the incident, Duri regretted the whole event and wanted to reconcile with
her. Mawar agreed to reconcile with him when she knew that she was two (2) months
pregnant. She seeks your advice as to whether she should reconcile with him and her other
rights in the event that the divorce has taken place.
Advise her.
(30 marks)

END OF QUESTIONS PAPER

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