Syariah Divorce Lawyers in Singapore

Muslim divorce in Singapore

At IRB Law, we understand that getting a divorce is a challenging situation and support our clients every step of the way during this trying period. Our Syariah divorce lawyers are knowledgeable and compassionate, taking care of all procedural requirements and supporting you in pursuing your rights and fulfilling your obligations.

We are one of the largest Syariah law practices in Singapore with more than ten senior Muslim lawyers and an extensive paralegal team. Our Syariah law practitioners are conversant in Malay, Tamil, Chinese, and English. Speak to our team today to obtain expert legal advice on Muslim divorce in Singapore and our full legal support.

Comprehensive Guidance on Syariah Divorce in Singapore

Our lawyers provide full advisory on all aspects of Syariah divorce in Singapore and can further guide you during our free initial consultation.

Applicable Statutes

In Singapore, the main statute that governs Muslim divorce in the Syariah Court is the Administration of Muslim Law Act (AMLA). The other applicable regulations include the Muslim Marriage and Divorce Rules (MMDR) and Syariah Court Practice Directions (CSPD).

When the Syariah Court reviews an application for divorce (talak) and decides on ancillary matters, such as wife’s provision (nafkah iddah) or custody of children, it applies the whole corpus of Muslim law. Among others, the Syariah court bases its decisions on the Holy Quran, the sayings and practices of the Prophet, and Islamic teachings.

Eligibility Criteria for Muslim Divorce

You can apply for a Muslim divorce to the Syariah Court of Singapore if you and your spouse are married according to Muslim law. In addition, either you or your spouse must have been domiciled or habitually resident in Singapore for at least three continuous years immediately before the divorce proceedings are commenced.

Grounds for Muslim Divorce

Under Muslim law, the husband may initiate divorce or consent to his wife’s application for divorce by voluntarily pronouncing talak. The wife can also initiate the divorce by way of khuluk (redemption). If the husband delegates his right to pronounce talak to his wife, she may end the marriage through talak tafweed, which is recognized under Muslim law.

If the husband doesn’t consent to a divorce by his wife, the marriage can be dissolved by the decision of arbitrators (Hakams). Other grounds for ending the marriage include breach of written conditions of marriage (taklik) or permissible grounds (fasakh), for example, the husband’s imprisonment for more than 3 years, cruelty, and other grounds as defined by Muslim law.

End-to-End Legal Support Through the Syariah Divorce Process

At IRB Law, our Syariah divorce lawyers will stand by you at each stage of the divorce process with compassion, expert advice, and strong legal representation of your best interests.

Filing the Divorce Papers

If you wish to apply for divorce in the Syariah Court in Singapore, you need to submit the registration form, which can be downloaded from the court website. Our Muslim divorce lawyers can assist with filing all the required details to avoid omissions and errors that may affect your application.

Consulting for Mandatory Counselling

After the court accepts the registration form, it will direct both spouses to undergo mandatory counselling by approved counselling agencies in Singapore, such as PPIS, Jamiyah, Darul Arqam, Association of Muslim Professionals, and Reach Community Service Singapore. The filing spouse must attend the mandatory counselling or risk having the case closed with no ability to file for divorce in the Syariah Court again. While these sessions only involve the couple without the lawyer’s presence, our legal team can further consult you on your options.

Filing of Originating Summons

A spouse initiating the divorce needs to file the Divorce Originating Summons with accompanying documents within 6 months of the final counselling session. Our Syariah divorce lawyers offer full support in preparing the Originating Summons to ensure timely and compliant filings.

Lawyer Attendance during Mediation Sessions

The mediation sessions are intended to give spouses an opportunity to settle open issues and claims. If you engage IRB Law for your Muslim divorce in Singapore, our lawyer will attend the mediation session with you, as required by the Syariah court rules, to facilitate the discussion and pursue your best interests.

Counselling During Pre-Trial Conferences

If you decide to proceed with divorce after mediation sessions, your case will be adjourned for a Pre-Trial Conference. There may be several Pre-Trial Conferences where the Registrar of the Syariah Court will give directions on the necessary steps to prepare for the hearing. Our Syariah divorce lawyers will attend the Pre-Trial Conferences to take all required actions to move your divorce matter forward.

Representing Clients During Court Hearing

During the hearing, the Court will invite the husband to pronounce the divorce (talak) or will confirm the validity of previously pronounced talak. In other situations, if the wife alleges a breach of any written condition of the marriage by the husband (taklik) or the existence of eligible grounds for divorce (fasakh), the Court will review whether there is enough evidence to support these claims.

If the husband pronounces talak, or there is a breach of a written contract (taklik) or the marriage is dissolved on the grounds of fasakh, the Court will consider the ancillary matters and deliver the judgement. IRB Law’s legal team will ensure professional representation of your best interests during the hearing to achieve the most favourable possible outcome.

Consulting During Hakam Arbitration

If the husband refuses to pronounce talak or there is insufficient evidence to support the wife’s allegation of a breach of the written condition of marriage (taklik) or grounds of fasakh, the Court may order the appointment of two arbitrators (Hakams) to decide on divorce. Our Syariah divorce lawyer will provide comprehensive legal support during Hakam sessions to move your divorce to its conclusion according to your interests.

Advisory on Ancillary Matters

Our Syariah divorce lawyers will further advise you and pursue your rights related to ancillary matters, such as nafkah iddah, mutaah, custody of children, and the matrimonial property. We will represent you and protect your interests in ancillary matters at all stages of the divorce process, including mediation and court sessions, to ensure the best possible outcome under the circumstances.