Singapore is a melting pot of cultures and religions, each with its own set of customs and laws, including marriage and divorce. Among these is Islamic law, which governs certain aspects of the lives of the Muslim community. Islamic divorces in Singapore are a unique blend of religious principles and legal procedures, often requiring a nuanced understanding to navigate effectively. In this article, we delve into the complexities of Islamic divorces in Singapore, shedding light on the process, requirements, and implications for those involved.

Jurisdiction of the Syariah Court

In Singapore, Islamic marriages and divorces are governed by the Administration of Muslim Law Act 1966 (“AMLA”), which provides the legal framework for Muslim personal law matters, including marriage, divorce, and inheritance. According to Section 35(2) of the AMLA, the Syariah Court hears and determine all actions and proceedings in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law, and which involve disputes relating to: 

  1. Marriage; 
  2. Divorces (i.e., fasakh, cerai taklik, khuluk and talak); 
  3. Betrothal, nullity of marriage or judicial separation; 
  4. The disposition or the division of property on divorce or nullification of marriage; 
  5. The payment of emas kahwin, marriage expenses (hantaran belanja), maintenance and consolatory gifts or mutaah. 

Conditions for Divorce

In order for Muslims to get a divorce in the Syariah Court, the following conditions must first be fulfilled: 

  1. Under Section 35(2) of the AMLA, either the parties of the marriage are Muslims, or the marriage is a Muslim marriage; and 
  2. Under Section 35(3) of the AMLA, either party of the marriage must be domiciled in Singapore for at least 1 year or habitually resident in Singapore for a period of at least 3 years before commencing divorce proceedings. 

Types of Divorces

Divorce proceedings may be commenced by either the husband or the wife, and there are 4 grounds of divorces, these are: 

  • Talak

Under Section 46B(3) of the AMLA, if a married man pronounces a divorce, and the Syariah Court is satisfied that the divorce is valid in accordance with Muslim law, the Court must cause the divorce to be registered. 

A Muslim husband divorces his wife by pronouncing talak (or repudiation). If the pronouncement of talak is pronounced out of Court and both parties confirm that the pronouncement, there is no need for a witness. However, where the wife disputes the pronouncement or the details in the Court documents are vague and uncertain, the Syariah Court will have to examine the facts of the case and call to Court the parties and witnesses. 

If the pronounces 1 or 2 talaks, the husband can revoke the talak and parties can reconcile. If the reconciliation is done within the iddah period (3 months after the pronouncement of the talak during which the wife is not allowed to remarry), the divorce is annulled, and parties remain married. However, if the reconciliation happens after the iddah period, parties are required to remarry each other. 

If the husband pronounces 3 talaks, it is an irrevocable divorce, and the man is not allowed to remarry. However, if the woman marries another man, consummates the marriage with that man and then divorces him, the first husband (who pronounced 3 talaks) may marry her again. 

  • Taklik

Under Section 48 of the AMLA, a married woman may, if entitled in accordance with the Muslim law to divorce pursuant to the terms of a written taklik made at or after her marriage, apply to the Syariah Court to declare that such divorce has taken place. 

Taklik is a condition in the marriage contract and breach such a condition allows the wife to apply for divorce. A divorce granted on the husband’s breach of taklik is revocable. In Singapore, the taklik is in standard form printed in the marriage certificate issued by the Registry of Muslim Marriages (“ROMM”) but if parties wish to include their own conditions, they must inform ROMM in advance for their consideration. The standard conditions are as follows: 

  1. The husband should not leave his wife for a continuous period of 4 months or more, intentionally or unintentionally;
  2. The husband should not fail to maintain his wife for a period exceeding four months, whereas she is obedient to him; or 
  3. The husband should not commit any action that causes injury to her body or damage to her property or causes her to lose self-respect; and 

if the husband breaches any or all of the said conditions, the wife may apply to the Syariah Court and if her complaint is proved, then she is divorced by one talak. 

  • Fasakh 

Fasakh is a judicial dissolution of the marriage on the grounds found in Sections 49(1)(a) to (g) of the AMLA. Fasakh is an irrevocable divorce, i.e., parties cannot reconcile but may re-marry after the iddah period. 

Under Section 49 of the AMLA, a married woman is entitled to apply to Court for and obtain a decree of fasakh on any one or more of the following grounds: 

  1. The husband has neglected or failed to provide for her maintenance for a period of 3 months; 
  2. The husband has been sentenced to imprisonment for a period of 3 years or more and such sentence has been final; 
  3. The husband has failed to perform, without reasonable cause, his marital obligation for a period of 1 year; 
  4. The husband was impotent at the time of the marriage and continues to be so;
  5. The husband is insane or is suffering from some chronic disease the cure of which would be lengthy or impossible and which is such as to make the continuance of the marriage relationship injurious to her; 
  6. The husband treats her with cruelty, that is to say – 
  7. Habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment; 
  8. Associates with women of ill repute or leads an infamous life;
  9. Attempts to force her to lead an immoral life;
  10. Obstructs her in the observance of her religious profession or practice;
  11. Lives and cohabits with another woman who is not his wife; or
  12. If he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law;
  13. on any other ground which is recognised as valid for the dissolution of marriage by fasakh under the Muslim law.

  • Khuluk 

Under Section 47(1) of the AMLA, a married woman may apply to the Syariah Court for a divorce in accordance with the Muslim law. Section 47(2) of the AMLA provides that a summons must be served on the husband and enquire whether he consents to the divorce and Section 47(3) of the AMLA provides that if the husband consents to the divorce, the Syariah Court must cause the husband to pronounce a divorce (i.e., talak) and the Syariah Court will register the divorce. 

However, under Section 47(4) of the AMLA, where the husband does not consent to the divorce, but the parties agree to a divorce by redemption (i.e., khuluk), the Syariah Court may assess the amount of payment that the wife makes to the husband in accordance with the status and means of the parties. 

Thereafter, the Syariah Court causes the husband to pronounce a divorce by redemption and, on payment of the amount assessed, cause the divorce to be registered.

Hakam Process

Other than first ground of divorce, i.e., talak, the remaining 3 grounds are initiated by the wife and in circumstances where the wife is not able to obtain a divorce either through cerai taklik, fasakh or khuluk, the Syariah Court will appoint a hakam to resolve the disagreement between the parties pursuant to Section 50 of the AMLA. 

The role of the hakam is to effect a reconciliation between the parties but if the parties are unable to reconcile, a divorce may be effected in the following ways: 

  1. Through the husband’s pronouncement of talak; or 
  2. The husband delegates to his wife, his authority to divorce her and the wife accepts the delegation and declares that she is divorcing herself; or 
  3. Through the husband’s hakam pronouncing talak. 

Legal Implications and Considerations

Muslim divorces in Singapore have legal implications that extend beyond religious matters. Upon divorce, the parties must settle issues related to custody of children, division of matrimonial assets, and maintenance payments. The Syariah Court has jurisdiction over these matters and may issue orders to resolve disputes amicably.

It is essential for individuals going through a Muslim divorce to seek legal advice to understand their rights and obligations under Islamic law in Singapore. This is particularly important in cases involving complex financial arrangements or disputes over child custody, where legal expertise can help navigate the intricacies of the legal system.

 

Conclusion

Islamic divorces in Singapore are a complex interplay of religious principles and legal procedures, requiring a nuanced understanding to navigate effectively. While the process may seem daunting, individuals can seek guidance from a divorce lawyer in Singapore who specialise in Islamic family law to ensure their rights and interests are protected.

By understanding the process, requirements, and implications of Islamic divorces in Singapore, individuals can approach divorce proceedings with clarity and confidence, paving the way for a smoother transition to the next chapter of their lives.