Tadbir Urus Harta Sepencarian di Malaysia Berteraskan Maqāṣid al-Sharīʿah: Pemerkasaan Keadilan al-Qurʾān, Kesejahteraan Keluarga dan Kelestarian Madani

Matrimonial Property Governance in Malaysia: A Maqāṣid al-Sharīʿah Approach to Qurʾānic Justice, Family Welfare, and Madani Sustainability

الملخص

The administration of matrimonial property (harta sepencarian) claims has emerged as a critical issue within contemporary Islamic family law, particularly in the context of Malaysia’s aspiration to develop a just, prosperous, and sustainable Madani society. Inefficiencies in governance, procedural delays, inconsistent implementation across jurisdictions, and limited public awareness of legal rights have increasingly undermined family welfare, economic security, and public confidence in Islamic legal institutions. This study aims to examine the effectiveness of governance mechanisms governing matrimonial property claims in Malaysia and to evaluate their role in strengthening the economic resilience of Madani families from the perspective of Maqāṣid al-Sharīʿah, particularly the principle of ḥifẓ al-māl (protection of wealth). Employing a qualitative research design, the study utilises document analysis and case-based examination of Islamic family law enactments, judicial practice directions, Syariah court decisions, scholarly literature, and fatwa-related sources. The data were analysed thematically to identify recurring governance challenges, procedural limitations, and reform opportunities. The findings reveal three major issues: moderate administrative efficiency due to structural and procedural constraints, significant gaps in public legal literacy regarding matrimonial property rights, and adverse socioeconomic consequences arising from delayed or inequitable asset distribution. The study further demonstrates that weaknesses in governance contribute to the accumulation of frozen assets, financial vulnerability among divorced women and dependants, and declining trust in Syariah institutions. From a Maqāṣid al-Sharīʿah perspective, such shortcomings impede the realisation of justice, welfare, and wealth protection. Accordingly, the study proposes the digitalisation of claim management through an enhanced e-Syariah platform, the establishment of state-level matrimonial property assistance centres, and comprehensive public education initiatives to strengthen legal awareness. It argues that efficient, transparent, and value-driven governance constitutes a fundamental prerequisite for safeguarding economic justice, reinforcing family stability, and advancing the broader objectives of Malaysia Madani.