Administration of Muslim Law Act 1966 - Singapore Statutes Online

Jurisdiction

35.—(1) The Court has jurisdiction throughout Singapore.

(2) Subject to subsection (3), the Court has jurisdiction to hear 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 —

(a)	marriage;
(b)	divorces known in the Muslim law as fasakh, cerai taklik, khuluk and talak;
(c)	betrothal, nullity of marriage or judicial separation;
(d)	the disposition or division of property on divorce or nullification of marriage; or
(e)	the payment of emas kahwin, marriage expenses (hantaran belanja), maintenance and consolatory gifts or mutaah. [33/2017]

(3) Where any action or proceeding mentioned in subsection (2) is commenced on or after 22 October 2018, the Court has jurisdiction under that subsection to hear and determine that action or proceeding only if either party to the marriage —

(a)	is domiciled in Singapore at the time that action or proceeding is commenced; or
(b)	is habitually resident in Singapore for a period of at least 3 years immediately before that action or proceeding is commenced. [33/2017]

(4) In all questions regarding betrothal, marriage, dissolution of marriage, including talak, cerai taklik, khuluk and fasakh, nullity of marriage or judicial separation, the appointment of hakam, the disposition or division of property on divorce or nullification of marriage, the payment of emas kahwin, marriage expenses (hantaran belanja) and consolatory gifts or mutaah and the payment of maintenance on divorce, the rule of decision where the parties are Muslims or were married under the provisions of the Muslim law is, subject to the provisions of this Act, to be the Muslim law, as varied where applicable by Malay custom.

(5) For the purposes of subsection (3), a person who is a citizen of Singapore is presumed to be domiciled in Singapore, until the contrary is proved.

[33/2017]

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