Malaysia legislation
Section 5
Section 5
The principal Act is amended by inserting after section 51
the following section:
“Property of spouse after conversion 51a. (1) Where a person who has converted to Islam dies before the non-Muslim marriage of which that person is a party has been dissolved, that person’s matrimonial assets shall be distributed by the court among the interested parties in accordance with the provisions of this section upon application by any interested party.
(2)
In exercising the power conferred by subsection (1), the court shall have regard to—
(a)
the extent of the contributions made by the interested parties in money, property or works towards the acquisition of the matrimonial asset or payment of expenses for the benefit of the family;
(b)
any debts owing by the deceased and the interested party which were contracted for their benefit;
(c)
the extent of the contributions to the welfare of the family by looking after the home or caring for the family;
(d)
the duration of the marriage;
(e)
the needs of the children, if any, of the marriage;
and
(f)
the rights of the interested party under the Distribution
Act 1958 [Act 300] if the deceased had not converted.
(3)
For the purposes of this section, “interested party” or
“interested parties” means the surviving spouse and surviving children of a marriage, if any, and the parents of the deceased converted spouse.”.
Amendment of section 76