In force2012 Revised EditionCurrent version · 2012 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Islamic Family Law Act · 2012 Revised Edition · Part VII
Islamic Family Law Act · 2012 Revised Edition · Part VII
Official textFrom Attorney General's Chambers, unchanged
Where —
any matrimonial proceeding is pending; or
an order has been made under section 57, 61 or 76 and has not been revoked; or
maintenance is payable under any agreement to or for the benefit of a wife or a former wife or child, the Court shall have the power on application —
if it is satisfied that any disposition of property has been made by the husband or former husband or parent of the person, by whom or on whose behalf, the application is made, within the preceding 3 years with the purpose, on the part of the person making the disposition, to reduce his means to pay maintenance or his means to pay mut’ah or to deprive his wife of any rights relating to the property, subject to subsection (2), to require the person making the disposition to revoke it; and
if it is satisfied that any disposition of property is intended to be made with any purpose as set out in sub-paragraph (i), to grant an injunction to prevent the disposition.
For the purposes of this section —
“disposition” includes a sale, gift, lease, mortgage or any other transaction whereby the ownership or possession of the property is transferred or encumbered but does not include a disposition made for money or money’s worth, to or in favour of a person acting in good faith and without the knowledge of the purpose with which the disposition is made;
Islamic Family Law 78
“property” means property of any nature, movable or immovable, and includes money.
Injunction against disturbance.
child
“child” means an unmarried person who has not attained the age of 18 years qamariah;