Syariah Divorce in Singapore

Syariah Divorce in Singapore

Noor Syuhada Mohamad Rafeek

Associate, Advocate & Solicitor, Supreme Court of Singapore

I.R.B Law LLP

Parties who get married under Muslim law (whether or not they got married in or out of Singapore) may apply for a divorce and seek reliefs from the Syariah Court in Singapore should they wish to do so.

 

Under Syariah Law, there are four (4) methods in which a divorce can be obtained, as stipulated in Section 35(2) of the Administration of Muslim Law Act (hereinafter “AMLA”) as follows:

 

•    Talak pronouncement by the husband
o    Where the husband pronounces 1 to 3 talaks on his wife, with the intention to divorce her by the pronounced number of talaks.

 

•    Khuluk by the wife
o    Agreement by the wife to pay a certain sum to her husband as “redemption” to exit the marriage, where the reasons are not sufficient to form a breach of taklik or fasakh, and where the husband refuses to pronounce talak on her.

 

•    Breach of the Taklik conditions
o    Taklik conditions are frequently stated at the back of parties’ marriage certificate, read and explained to parties during the solemnisation of the marriage.

 

•    Fasakh
o    Annulment of marriage due to certain factors listed in section.49 of the AMLA, which include the imprisonment of a husband for more than three years and impotence of a husband.
Most divorces in Singapore are dissolved by way of talak pronouncement or breach of taklik conditions.

 

In Singapore, Women may seek maintenance for the period of iddah (a waiting period in which a woman cannot marry another man) of three (3) months, in the form of nafkah iddah. She may also seek mutaah, being a consolatory gift to her for being his wife each day throughout the marriage. The amount for these reliefs asked for depending on the length of the marriage and the husband’s earning capacity, amongst other factors.

 

The Syariah Court also makes orders for custody, care and control and access of children of the marriage. Parties would have to show their proposed care and living arrangement for the children to support their claim about the children.

 

Custody determines the power of parents to make major decisions for the child. Eg. Deed poll, changing religion, school registration, medical decisions. It is important to note that the default position of the Court always orders for joint custody. The Court rarely makes orders for sole custody, unless there are substantial grounds to make an order as such.

 

Care and control, which determines where the child will live, may lie with either parent depending on the strength of their parental care arrangement.

 

The parent without care and control is entitled to have access to the children. The terms of the access may be tailored to work around the children’s school and extra-curricular schedules. Access may also include overseas, festivities and birthday access.

 

At I.R.B Law we have experienced lawyers who are well versed in Civil and Syariah divorce proceedings who will be able to guide you through and explain to you throughout each and every stage of your divorce. We understand that going through such an event in your life is heart wrenching and emotional, so contact us so that we can advise you on your matter and help you focus on getting back up on your feet. Our first consultation is usually free as we wish to focus on you and not your wallet. Don’t hesitate and reach us at Hello@irblaw.com.sg or call us at 6298 2537.