- The Syariah Court hears divorces where the parties are Muslim or were married under Muslim law.
- The main routes are talak, khuluk, cerai taklik and fasakh. Hakam (arbitrators) may be appointed where no other route applies.
- The person filing must first register and attend compulsory counselling, then file within six months of the last session.
- Claims usually dealt with include nafkah iddah, mut'ah, custody of the children and the matrimonial assets.
- Some matters, such as personal protection orders and enforcing Syariah Court orders, are handled by the civil courts.
Who it applies to
The Syariah Court has jurisdiction over divorce where both parties are Muslim, or where they were married under Muslim law. The main law is the Administration of Muslim Law Act (AMLA), with the Muslim Marriage and Divorce Rules and the court's practice directions setting out the procedure.
As with civil divorce, there must be a link to Singapore: at least one spouse must be domiciled here when the case starts, or have been habitually resident here for at least three years immediately before.
The main routes to divorce
Muslim law recognises several ways a marriage can be dissolved. The ones most often described by Singapore firms are:
- Talak: the husband pronounces the divorce. He may do so with the wife's agreement or in response to her application, and in Singapore he may pronounce it even before proceedings begin.
- Khuluk: divorce by redemption, where the wife pays an agreed or assessed sum and the husband pronounces the talak.
- Cerai taklik: the court finds that the husband has breached a written condition of the marriage, such as leaving the wife or not maintaining her for a continuous period of four months or more.
- Fasakh: the court annuls the marriage on grounds set out in AMLA, which include cruelty, failure to provide maintenance and a long prison sentence. Evidence from the wife and at least two witnesses is required.
If the husband will not pronounce talak and the evidence does not establish taklik or fasakh, the court can appoint two hakam, one for each spouse. They first try to reconcile the couple and, if that fails, may effect the divorce themselves.
Before filing: registration and counselling
The process starts with registration with the Syariah Court. Registration does not start the divorce itself. Both spouses are then contacted by an approved agency for the compulsory Marriage Counselling Programme. Its first aim is reconciliation; if that is not possible, it gives the couple a place to discuss arrangements such as the children.
If the person registering does not attend, the case may be closed. After the final counselling session, the divorce must be filed within six months, or a fresh registration is needed.
The court process
The case formally begins when the originating summons is filed. The court then fixes a mediation session where the parties try to settle the divorce and all related claims. If they settle, the terms are recorded as a consent order.
If not, the case goes to one or more pre-trial conferences, where the court gives directions on evidence, and then to a hearing. At the hearing the husband may be asked to pronounce talak, or the court decides any claim of taklik or fasakh, and then deals with the other issues.
Firms report that amicable cases often take four to six months, while contested cases can take a year or longer. A decision can be appealed to the Appeal Board within 30 days.
Financial claims and the children
Once the marriage is dissolved, the court deals with the claims that follow. The most common are:
- Nafkah iddah: maintenance for the wife during the iddah period, which is about three months. Whether it is payable depends on the type of divorce. Firms explain that it is generally payable in revocable divorces and generally not in irrevocable ones such as fasakh.
- Mut'ah: a consolatory gift to the wife on divorce. It is payable in most divorces, though there are exceptions for some fasakh cases.
- Matrimonial assets: the court can deal with the division of property on divorce, including the matrimonial home.
- Children: custody, care and control, and access for children under 21, with the child's welfare as the priority.
Where the civil courts come in
Some related matters fall outside the Syariah Court. Firms list personal protection orders, interim maintenance for a wife or children while the divorce is pending, and the enforcement of Syariah Court orders as matters for the civil courts. Maintenance orders made under AMLA are among those covered by the newer maintenance enforcement process at the Family Justice Courts.
This guide is general information only. Muslim divorce involves both religious rules and court procedure, and outcomes depend heavily on the facts.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with a lawyer at the firm.
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