PART 3 | Constitution of Syariah Court |
| 34. The President of Singapore may by notification in the Gazette constitute a Syariah Court for Singapore (called in this Part the Court). |
| Appointment of presidents and ad-hoc presidents |
34A.—(1) The President of Singapore may appoint one or more presidents of the Court and may designate one of the presidents to be the senior president of the Court.| (2) Every proceeding in the Court and all business arising thereout must, except as otherwise provided by any written law, be heard and disposed of before a president of the Court. |
| (3) The distribution of business among the presidents of the Court must be made in accordance with such directions, which may be of a general or a particular nature, as may be given by the senior president of the Court. |
| (4) In order to facilitate the disposal of business in the Court, the President of Singapore may appoint one or more ad‑hoc presidents of the Court for such period or periods as the President of Singapore thinks fit. |
| (5) An ad-hoc president may, in such case as the senior president of the Court may specify, exercise all the powers and perform the functions of a president of the Court. |
| (6) Anything done by an ad‑hoc president acting in accordance with the terms of his or her appointment has the same validity and effect as if done by a president of the Court. |
| (7) The senior president of the Court may issue such directions relating to the practice of the Court as he or she thinks fit. |
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| Appointment of registrar and deputy registrar |
| 34B.—(1) The President of Singapore may appoint a registrar and one or more deputy registrars of the Court. [33/2017] (2) The registrar of the Court —| (a) | may transact all of the business which may be transacted, and exercise all of the jurisdiction and powers which may be exercised, by a president of the Court under sections 40, 43A, 43B, 47(5) and 50; and | | (b) | has such other jurisdiction, powers and duties as may be prescribed in this Act or under any rules made under section 145. [33/2017] |
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| (3) Subject to this Act, the jurisdiction, powers and duties of the registrar of the Court may be exercised by a deputy registrar of the Court. [33/2017] |
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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] |
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(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] |
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| (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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| Permission to commence or to continue civil proceedings involving disposition or division of property on divorce or custody of children |
| 35A.—(1) Any person who, on or after the commencement of proceedings for divorce in the Court or after the making of a decree or order for divorce by the Court or on or after the registration of a divorce under section 102, intends to commence civil proceedings in any court involving any matter relating to the disposition or division of property on divorce or custody of any child where the parties are Muslims or were married under the provisions of the Muslim law, must apply to the Court for permission to commence the civil proceedings. [Act 25 of 2021 wef 01/04/2022] | (2) Where proceedings for divorce are commenced in the Court or a decree or order for divorce is made by the Court or a divorce is registered under section 102 after civil proceedings between the same parties are commenced in any court involving any matter relating to the custody of any child, any party who intends to continue the civil proceedings must apply to the Court for permission to continue the civil proceedings. [Act 25 of 2021 wef 01/04/2022] |
| (3) The Court must not grant permission to commence the civil proceedings under subsection (1) or to continue the civil proceedings under subsection (2) unless the Court is satisfied that every party who will be affected by such permission has been notified of the application at least 7 days before the grant of such permission. [Act 25 of 2021 wef 01/04/2022] |
(4) The Court is to, if it grants the application for permission under subsection (1) or (2), issue a commencement certificate or a continuation certificate, respectively, to the applicant —| (a) | not later than 21 days after granting such permission; or [Act 25 of 2021 wef 01/04/2022] | | (b) | where an appeal against the grant of such permission has been made under section 55, when the decision of the Court to grant such permission has been confirmed on appeal or the appeal has been discontinued. [Act 25 of 2021 wef 01/04/2022] |
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(5) This section does not apply if the parties to the civil proceedings —| (a) | mentioned in subsection (1) consent to the commencement of the civil proceedings, or mentioned in subsection (2) consent to the continuation of the civil proceedings; and | | (b) | mentioned in subsection (1) or (2) have obtained a certificate of attendance issued under subsection (7). |
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| (6) Parties mentioned in subsection (1) or (2) must, before commencing or continuing (as the case may be) the civil proceedings by consent, attend counselling provided by such person as the Court may appoint. |
| (7) The Court is to, after any party has been counselled under subsection (6), issue a certificate of attendance to that party. |
| (8) For the purposes of this section, any reference to the registration of a divorce, or to a divorce that is registered, under section 102 is to be construed as a reference to the registration of a divorce or to a divorce that is registered under that section before 1 March 2009. [Act 25 of 2021 wef 01/04/2022] |
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| Oral hearing not needed generally |
35B.—(1) Subject to subsection (2), the Court or an Appeal Board may decide any matter in its jurisdiction without hearing oral arguments, other than a matter prescribed by any rules made under section 145.| (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an action) to be conducted without an oral hearing, unless all the parties consent. |
| (3) Subject to subsection (4), the Court or an Appeal Board may, in any matter that the Court or Appeal Board may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communications as directed by the Court or Appeal Board. |
| (4) The Court or an Appeal Board must not hear a matter in an asynchronous manner if to do so would be inconsistent with the duty of the Court or Appeal Board to ensure that the proceedings are conducted fairly to all parties. |
| (5) To avoid doubt, this section does not affect the power of the Court or an Appeal Board to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 11 of 2022 wef 30/11/2022] |
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| Stay of proceedings involving certain matters |
36.—(1) The Court must stay proceedings before it —| (a) | involving any matter in respect of which it has issued a certificate under section 35A(4), upon issuing the certificate; | | (b) | involving any matter relating to maintenance of any wife during the subsistence of the marriage, if it comes to the knowledge of the Court that civil proceedings relating to maintenance of the wife have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it; | | (c) | involving any matter relating to the maintenance of any child of the parties, if it comes to the knowledge of the Court that civil proceedings relating to the maintenance of the child have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it; | | (d) | to which section 35A(1) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been commenced in any court by the consent of the parties; or | | (e) | to which section 35A(2) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been continued in any court by the consent of the parties. |
| (2) Where permission granted by the Court under section 35A is reversed on appeal under section 55, the Court may restore any proceedings which have been stayed under subsection (1)(a). [Act 25 of 2021 wef 01/04/2022] |
| (3) Nothing in this section prevents the Court from exercising its powers under sections 51(2) and 52(1), (2) and (3)(a) and (b). |
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37.—(1) The Court is to have and use such seal or stamp as the Minister may approve.| (2) Every summons and other process of the Court must issue under the seal of the Court and the signature of the registrar thereof. |
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38.—(1) The languages of the Court are the national language and English.| (2) All documents and written proceedings may be written or typewritten in the national language (Jawi or Rumi script). |
| (3) The Court is to keep and maintain full and proper records of all proceedings therein and full and proper accounts of all financial transactions of the Court. |
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| 39. Every party to any proceedings must appear in person or by advocate and solicitor or by an agent, generally or specially authorised to do so by the Court. |
| Issue of warrant in lieu of or in addition to summons |
40. The Court may, in any case in which it or a Kadi or Naib Kadi is empowered to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his or her arrest if —| (a) | either before the issue of the summons or after the issue of the summons but before the time fixed for his or her appearance the Court has reason to believe that he or she has absconded or will not obey the summons; or | | (b) | if at the time fixed for his or her appearance he or she fails to appear and the summons is proved to have been duly served in time to admit of his or her appearing in accordance therewith and no reasonable excuse is offered for such failure. |
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| Reciprocal arrangements with States of Malaysia |
41.—(1) Where under the provisions of any law in force in any of the States of Malaysia a Kadi has issued a summons requiring any person to appear before any Muslim religious court in any of the States of Malaysia, and such person is or is believed to be in Singapore, any president of the Court may endorse the summons with his or her name, and such summons may then be served on such person as if it were a summons issued by the Court under the provisions of this Act.| (2) Where under the provisions of any law in force in any of the States of Malaysia a summons issued by the Court or a Kadi in Singapore has been endorsed by a Kadi in such State and served on the person summoned, such summons is for the purposes of this Act deemed to have been as validly served as if such service had been effected in Singapore. |
| (3) For the purposes of this section, Kadi includes a Chief Kadi, a Kadi Besar, an Assistant Kadi or a Naib Kadi. |
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42.—(1) The Court is to have regard to the law of evidence for the time being in force in Singapore, and is to be guided by the principles thereof, but is not obliged to apply the same strictly.| (2) The Court may administer oaths and affirmations. |
| (3) Evidence must ordinarily be given on oath in a form binding upon Muslims, but the Court may on special grounds dispense with an oath and take evidence on affirmation. Such affirmation must be in accordance with the Oaths and Declarations Act 2000. |
| (4) Whether on oath or on affirmation a witness is bound to state the truth. |
| (5) If in the opinion of the Court any witness has wilfully given false evidence in any proceedings, the Court may report the matter to the Public Prosecutor. |
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43. The Court has the following powers:| (a) | to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses as the Court may think it necessary or desirable to procure or examine; | | (b) | to require the evidence, whether written or oral, of any witness to be made on oath or affirmation or by statutory declaration; | | (c) | to summon any person to attend before the Court or to give evidence or produce any document or other thing in his or her possession and to examine him or her as a witness or require him or her to produce any document or other thing in his or her possession; | | (d) | to issue a warrant of arrest to compel the attendance of any person who, after being summoned to attend, fails to do so and who does not excuse such failure to the satisfaction of the Court and to order him or her to pay all costs which may have been occasioned in compelling his or her attendance or by reason of his or her refusal to obey the summons; | | (e) | to exercise the powers of a Magistrate’s Court for the purpose of giving effect to a warrant of arrest or an order of imprisonment. [15/2010; 33/2017] |
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| Court may refer parties for counselling, etc. |
43A.—(1) The Court before which any matter mentioned in section 35(2), 46B, 47, 48, 49, 51 or 52 is heard may order or advise any of the parties or their children to do either or both of the following, if the Court considers that doing so is in the interests of any of the parties or their children:| (a) | attend counselling provided by a person the Court appoints; | | (b) | participate in a family support programme or activity the Court specifies. [33/2017] |
| (2) Where the Court has made an order under subsection (1), the parties must comply with the order. [33/2017] |
| (3) Where a party fails to comply with an order made under subsection (1), the Court may make such further orders as the Court thinks fit. [33/2017] |
(4) The further orders that the Court may make under subsection (3) include the following:| (a) | an order that the proceedings be stayed until all of the parties or their children who have been ordered by the Court under subsection (1) to attend counselling, or to participate in a family support programme or activity, have done so; | | (b) | such order as to costs as the Court thinks appropriate against the party who fails to comply with an order made by the Court under subsection (1). [33/2017] |
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| (5) Anything said, any document prepared, and any information provided, by any person for the purposes of or in the course of any counselling or any family support programme or activity under this section is not to be admitted in evidence in the Court or any court. [33/2017] |
| (6) No liability shall lie personally against any person providing any counselling or conducting any family support programme or activity for the purposes of subsection (1), who, acting in good faith and with reasonable care, does or omits to do anything for the purposes of that counselling or family support programme or activity (as the case may be). [33/2017] |
| (7) In this section, “family support programme or activity” means any programme or activity carried out for the purpose of addressing or resolving any relationship issue or relationship problem between spouses or former spouses, between siblings or between parent and child. [33/2017] |
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| Examination and assessment of child |
| 43B.—(1) In any proceedings before the Court involving the custody or welfare of a child, the Court may, on the application of any party to those proceedings or on its own motion, appoint a registered medical practitioner, psychologist, counsellor, social worker or mental health professional to examine and assess the child for the purposes of preparing expert evidence for use in those proceedings. [33/2017] | (2) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is not appointed by the Court under subsection (1) examines or assesses the child, no evidence arising out of that examination or assessment may be adduced in those proceedings without the permission of the Court. [33/2017] [Act 25 of 2021 wef 01/04/2022] |
| (3) A registered medical practitioner, psychologist, counsellor, social worker or mental health professional appointed under subsection (1) may make such enquiries relevant to the examination and assessment of the child as may be provided for under rules made under section 145. [33/2017] |
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44.—(1) The Court may for sufficient reason adjourn any proceeding from time to time and from place to place.| (2) Subject to subsection (1), proceedings in the Court must be held in the court house of the Court. |
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| 45. The Court may fix, and may at any time extend or abridge, the time for doing any act or thing, and in default of compliance with any order so made may proceed as if the party in default had not appeared. |
| Court or Appeal Board may conduct hearing through electronic means of communication |
45A.—(1) Without limiting section 46, the Court or an Appeal Board may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by any rules made under section 145) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the senior president of the Court or the person nominated to preside over the Appeal Board under section 55(4), as the case may be.(2) The Court or an Appeal Board must not conduct any part of a hearing through a live audio link, without an accompanying live video link or live television link —| (a) | where oral evidence is given during that part of the hearing (including in a trial of an action) unless all the parties consent; or | | (b) | where the matter is prescribed by any rules made under section 145. |
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| (3) For the purposes of subsection (2), the Court or Appeal Board is not considered to have conducted a part of a hearing of a matter through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the duty of the Court or Appeal Board to conduct proceedings fairly. |
| (4) The Court or an Appeal Board must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the duty of the Court or Appeal Board to ensure that the hearing is conducted fairly to all parties. |
| (5) The Court is deemed to be sitting at the place mentioned in section 44(1) or (2) (as the case may be) when the Court conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any president of the Court, the registrar of the Court or a deputy registrar of the Court is situated in Singapore or outside Singapore). |
| (6) An Appeal Board is deemed to be sitting at the place mentioned in any rules made under this Act when the Appeal Board conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any member of the Appeal Board is situated in Singapore or outside Singapore). [Act 11 of 2022 wef 17/08/2022] |
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| Sittings in private, etc. |
| 46.—(1) Subject to subsection (2), all matters and proceedings in the Court are to be heard in private. [33/2017] [Act 25 of 2021 wef 01/04/2022] | (2) The Court has power to hear any matter or part of a matter in public, if the Court is satisfied that it is expedient in the interests of justice, or for other sufficient reason to do so. [33/2017] [Act 25 of 2021 wef 01/04/2022] |
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| Activities to be attended before making application to Court for divorce |
| 46A.—(1) A prescribed party in a prescribed circumstance must attend the applicable prescribed activity within the prescribed time. [33/2017] (2) For the purposes of subsection (1), rules made under section 145 may —| (a) | prescribe the applicable prescribed activity for a prescribed party in a prescribed circumstance; and | | (b) | prescribe different times for different prescribed parties in different prescribed circumstances. [33/2017] |
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(3) No application for a divorce in accordance with the Muslim law is to be made to the Court, and no cross‑application is to be made in proceedings for a divorce in accordance with the Muslim law, by a prescribed party in a prescribed circumstance, unless the prescribed party —| (a) | has attended the applicable prescribed activity; | | (b) | is an excluded party; or | | (c) | is allowed by the Court under subsection (4) to do so. [33/2017] |
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| (4) Despite subsection (3)(a) and (b), even though a prescribed party in a prescribed circumstance has not attended the applicable prescribed activity and is not an excluded party, the Court may, upon the application of the prescribed party, and on such terms as the Court thinks fit, allow the prescribed party to apply to the Court for a divorce in accordance with the Muslim law. [33/2017] |
| (5) The Court hearing any proceedings for a divorce in accordance with the Muslim law may, if the Court considers that doing so is in the interests of the parties to the marriage or any child of the parties, at any stage in those proceedings order either or both of the parties to the marriage to attend a prescribed activity. [33/2017] [Act 11 of 2022 wef 17/08/2022] |
| (6) Where any party who is required or ordered under this section to attend a prescribed activity fails to do so, the Court may make such orders as the Court thinks fit. [33/2017] |
(7) Without limiting subsection (6), the orders that the Court may make under that subsection include the following orders:| (a) | a stay of the proceedings for a divorce in accordance with the Muslim law until the defaulting party in that subsection attends the prescribed activity; | | (b) | such order as to costs as the Court thinks appropriate against the defaulting party in that subsection. [33/2017] |
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| (8) Except as provided in subsection (9), anything said, any document prepared, and any information provided, by any person for the purposes of or in the course of attending a prescribed activity is not to be admitted in evidence in the Court or any court. [33/2017] |
| (9) A parenting plan prepared during a prescribed activity may, with the consent of every party who prepared it, be admitted in evidence in the Court. [33/2017] |
| (10) The Minister may appoint any person to conduct a prescribed activity. [33/2017] |
| (11) No liability shall lie personally against any person appointed under subsection (10) to conduct a prescribed activity who, acting in good faith and with reasonable care, does or omits to do anything for the purposes of that prescribed activity. [33/2017] |
(12) In this section —| “applicable prescribed activity”, in relation to a prescribed party in a prescribed circumstance, means the particular type of prescribed activity that the prescribed party is required under subsection (1) to attend; |
| “application for a divorce in accordance with the Muslim law” includes an application under section 102(5)(b); |
“cross‑application”, in relation to proceedings for a divorce in accordance with the Muslim law, includes —| (a) | an application under section 102(5)(b) made while those proceedings are pending; or | | (b) | if those proceedings are proceedings relating to an application under section 102(5)(b) — an application for a divorce in accordance with the Muslim law that is made while those proceedings are pending; |
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| “excluded party” means a prescribed party who is prescribed by rules made under section 145 as exempt from subsection (1); |
| “parenting plan” means a proposal prepared by either party to a marriage, or an agreement prepared by both parties to a marriage, on the arrangements for the welfare of every dependent child of the parties; [Act 11 of 2022 wef 17/08/2022] |
| “prescribed activity” means an activity (such as counselling) that is prescribed, by rules made under section 145, for the purposes of this section; |
| “prescribed circumstance” means a circumstance, prescribed by rules made under section 145, in which a prescribed party is required under subsection (1) to attend a prescribed activity; |
| “prescribed party” means a party to a marriage who is prescribed, by rules made under section 145, for the purposes of this section; |
| “proceedings for a divorce in accordance with the Muslim law” includes any proceedings relating to an application under section 102(5)(b). [33/2017] |
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| Divorce by husband’s pronouncement |
| 46B.—(1) A married man may apply to the Court for a divorce in accordance with the Muslim law. [33/2017] | (2) Upon receiving an application under subsection (1), the Court must cause a summons to be served on the wife concerned. [33/2017] |
| (3) If the man pronounces a divorce, and the Court is satisfied that the divorce is valid in accordance with the Muslim law, the Court must cause the divorce to be registered. [33/2017] [Act 11 of 2022 wef 30/11/2022] |
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| Divorce at wife’s request |
47.—(1) A married woman may apply to the Court for a divorce in accordance with the Muslim law.| (2) In any such case, the Court must cause a summons to be served on the husband and enquire whether he consents to the divorce. [33/2017] |
| (3) If the husband so consents, the Court must cause the husband to pronounce a divorce and cause the divorce to be registered. [Act 11 of 2022 wef 30/11/2022] |
| (4) If the husband does not agree to divorce the wife, but the parties agree to a divorce by redemption (khuluk), the Court may assess the amount of payment to be made by the wife in accordance with the status and means of the parties and must thereupon cause the husband to pronounce a divorce by redemption and, on payment of the amount so assessed, cause the divorce to be registered. [Act 11 of 2022 wef 30/11/2022] |
| (5) If the husband does not agree to a divorce by khuluk, the Court may appoint a hakam in accordance with section 50. [33/2017] |
| (6) For the purposes of this section and sections 48 and 49, “married woman” includes a woman against whom a talak has been pronounced by her husband. |
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48.—(1) A married woman may, if entitled in accordance with the Muslim law to a divorce pursuant to the terms of a written taklik made at or after her marriage, apply to the Court to declare that such divorce has taken place.(2) The Court must —| (a) | examine the written taklik and make such enquiry as appears necessary into the validity of the divorce; | | (b) | if satisfied that the divorce is valid in accordance with the Muslim law, confirm the divorce; and | | (c) | cause the divorce to be registered. [Act 11 of 2022 wef 30/11/2022] |
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49.—(1) A married woman is entitled to apply to the Court for and obtain a decree of fasakh on any one or more of the following grounds:| (a) | that the husband has neglected or failed to provide for her maintenance for a period of 3 months; | | (b) | that the husband has been sentenced to imprisonment for a period of 3 years or upwards and such sentence has become final; | | (c) | that the husband has failed to perform, without reasonable cause, his marital obligations for a period of one year; | | (d) | that the husband was impotent at the time of the marriage and continues to be so; | | (e) | that 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; | | (f) | that the husband treats her with cruelty, that is to say —| (i) | habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill‑treatment; | | (ii) | associates with women of ill repute or leads an infamous life; | | (iii) | attempts to force her to lead an immoral life; | | (iv) | obstructs her in the observance of her religious profession or practice; | | (v) | lives and cohabits with another woman who is not his wife; or | | (vi) | if he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law; |
| | (g) | on any other ground which is recognised as valid for the dissolution of marriage by fasakh under the Muslim law. |
| (2) Before passing a decree on ground (d) of subsection (1), the Court may, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of the order that he has ceased to be impotent and if the husband so satisfies the Court within such period no decree may be passed on that ground. |
| (3) Upon receiving such application the Court is to cause a summons to be served upon the husband of the woman. |
| (4) The Court must then record the sworn statement of the woman and at least 2 witnesses and may then, if satisfied that the woman is entitled to a decree of fasakh in accordance with subsection (1), make a decree of fasakh accordingly. |
| (5) The Court making an order or decree under this section must immediately cause such order or decree to be registered. |
| (6) The register must be signed by the registrar of the Court, by the woman who obtains the order or decree, and at least 2 witnesses whose evidence has been taken by the Court. |
| (7) Subsections (1)(g), (3) to (6) apply, with the necessary modifications, to a married man as they apply to a married woman. |
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| 50.—(1) Before the making of an order or decree for talak, fasakh, cerai taklik or khuluk, the Court may appoint in accordance with the Muslim law 2 hakam to act for the husband and wife respectively. [33/2017] [Act 11 of 2022 wef 30/11/2022] | (2) In making such appointment, the Court may if it considers fit give preference to close relatives of the parties having knowledge of the circumstances of the case. [33/2017] [Act 11 of 2022 wef 30/11/2022] |
| (3) The Court may give directions to the hakam as to the conduct of the proceedings and they must conduct it in accordance with such directions and according to the Muslim law. [33/2017] [Act 11 of 2022 wef 30/11/2022] |
| (4) If the Court is not satisfied with the conduct of the proceedings by the hakam, the Court may remove one or both of the hakam and appoint other hakam in their place. [33/2017] [Act 11 of 2022 wef 30/11/2022] |
| (5) The hakam must endeavour to effect a reconciliation between the parties and must report the result of the proceedings to the Court. [Act 11 of 2022 wef 30/11/2022] |
| (6) The hakam must endeavour to obtain from their respective principals full authority, and may, if their authority extends so far, pronounce a divorce, and must in such event report the same to the Court for registration. [Act 11 of 2022 wef 30/11/2022] |
(7) Despite subsection (6), the hakam may pronounce a divorce in the absence of full authority from their respective principals if —| (a) | the hakam are of the joint opinion that the parties should be divorced; and | | (b) | the Court has conferred authority on the hakam to pronounce a divorce at the time of appointing the hakam. [Act 11 of 2022 wef 30/11/2022] |
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| (8) If the hakam appointed under subsection (1) are unable to agree on whether the parties should be divorced and report this to the Court, the Court may appoint other hakam in their place or make such order or give such direction as the Court thinks fit. [Act 11 of 2022 wef 30/11/2022] |
| (9) If the hakam appointed under subsection (4) or (8) are unable to agree on whether the parties should be divorced, the hakam must report this to the Court and the Court may make such order or give such direction as the Court thinks fit. [Act 11 of 2022 wef 30/11/2022] |
| (10) To avoid doubt, this section applies to the hakam appointed under subsection (4) or (8) as it applies to the hakam appointed under subsection (1). [Act 11 of 2022 wef 30/11/2022] |
| (11) Where a divorce is pronounced by the hakam under subsection (6) or (7), the Court is to make a decree of divorce and cause the decree to be registered. [33/2017] [Act 11 of 2022 wef 30/11/2022] |
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51.—(1) A married woman may, by application to the Court, obtain an order against her husband for the payment from time to time of her maintenance and the provision of necessary clothing and suitable lodging in accordance with the Muslim law.| (2) A woman who has been divorced may, by application to the Court, obtain an order against her former husband for the payment from time to time of her maintenance and the provision of necessary clothing and suitable lodging for the period of her iddah. |
| (3) A woman who has been divorced and who is not or has ceased to be entitled to an order for maintenance under subsection (2) may apply to the Court and the Court may, if satisfied that it is just and proper to do so in view of all the circumstances of the case, make an order against the former husband for the payment by him of such sums for such period as the Court considers fit. |
| (4) The Court may vary or rescind any order made under this section on the application of the person in whose favour or against whom the order was made where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances, or for other good cause being shown to the satisfaction of the Court. |
| (5) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months. |
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| Provisions consequent on matrimonial proceedings |
52.—(1) The Court has power to inquire into and adjudicate upon claims by married women or women who have been divorced for payment of her emas kahwin and marriage expenses (hantaran belanja).| (2) A woman who has been divorced by her husband may apply to the Court for a consolatory gift or mutaah and the Court may, after hearing the parties, order payment of such sum as may be just and in accordance with the Muslim law. |
(3) The Court may, at any stage of the proceedings for divorce or nullity of marriage or after making a decree or order for divorce or nullity of marriage, or after any divorce has been registered under section 102 before 1 March 2009, on the application of any party, make such orders as it thinks fit with respect to —| (a) | the payment of emas kahwin and marriage expenses (hantaran belanja) to the wife; | | (b) | the payment of a consolatory gift or mutaah to the wife; | | (c) | the custody, maintenance and education of the minor children of the parties; and | | (d) | the disposition or division of property on divorce or nullification of marriage. |
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| (4) The Court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under this section. |
| (5) Any order under this section may be made upon such terms and subject to such conditions (if any) as the Court thinks fit. |
| (6) The Court may, on the application of any interested person, vary or rescind any order made under this section where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances, or for other good cause being shown to the satisfaction of the Court. |
| (7) In making any order under subsection (3)(d), the Court has power to order the disposition or division between the parties of any property or the sale of any such property and the division between the parties of the proceeds of such sale in such proportions as the Court thinks just and equitable. |
(8) It is the duty of the Court in deciding whether to exercise its powers under subsection (7) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters:| (a) | the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the property; | | (b) | any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the parties; [Act 11 of 2022 wef 17/08/2022] | | (c) | the needs of the children (if any) of the parties; [Act 11 of 2022 wef 17/08/2022] | | (d) | the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party; | | (e) | any agreement between the parties with respect to the ownership and division of the property made in contemplation of divorce; | | (f) | any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party; | | (g) | the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; | | (h) | the income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the foreseeable future; | | (i) | the financial needs, obligations and responsibilities which each of the parties has or is likely to have in the foreseeable future; | | (j) | the standard of living enjoyed by the family before the breakdown of the marriage; | | (k) | the age of each party and the duration of the marriage; | | (l) | any physical or mental disability of either of the parties; | | (m) | the value to either of the parties of any benefit (such as a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. |
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(9) For the purposes of subsection (7), the Court may in particular, but without limiting subsections (4), (5) and (6), make one or more of the following orders:| (a) | an order for the sale of any property or any part thereof, and for the division, vesting or settlement of the proceeds; | | (b) | an order vesting any property owned by both parties jointly in both the parties in common in such shares as the Court considers just and equitable; | | (c) | an order vesting any property or any part thereof in either party; | | (d) | an order for any property, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order; | | (e) | an order postponing the sale or vesting of any share in any property, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order; | | (f) | an order granting to either party, for such period and on such terms as the Court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party; | | (g) | an order for the payment of a sum of money by one party to the other party. |
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| (10) Where, under any order made under this section, one party is or may become liable to pay to the other party a sum of money, the Court may direct that the money must be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions as the Court thinks fit. |
| (11) Where, pursuant to this section, the Court makes an order for the sale of any property and for the division, application or settlement of the proceeds, the Court may appoint a person to sell the property and divide, apply or settle the proceeds accordingly; and the execution of any instrument by the person so appointed has the same force and validity as if it had been executed by the person in whom the asset is vested. |
| (12) Where the Court, by any order under this section, appoints a person (including the registrar or other officer of the Court) to act as a trustee or to sell any property and to divide, apply and settle the proceeds thereof, the Court may make provision in that order for the payment of remuneration to the person and for the reimbursement of the person’s costs and expenses. |
| (13) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months. |
(14) For the purposes of this section, “property” means —| (a) | any asset acquired before the marriage by one party or both parties to the marriage which has been substantially improved during the marriage by the other party or by both parties to the marriage; and | | (b) | any other asset of any nature acquired during the marriage by one party or both parties to the marriage, |
| but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage. |
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53.—(1) Where the Court has made any of the following orders, whether before, on or after 1 March 2009, such order may be treated as a maintenance order made by a Family Court under the Women’s Charter 1961, including a maintenance order for the purposes of Part 9 of the Women’s Charter 1961, solely for the purpose of the enforcement of that order by the Family Court:| (a) | an order for the payment of maintenance under section 51(1), (2) or (3); | | (b) | an order for the payment of a consolatory gift or mutaah under section 52(2) or (3)(b); | | (c) | an order for the maintenance of a minor child under section 52(3)(c). [27/2014] |
(2) Where the Court has made any of the following orders, whether before, on or after 1 March 2009, such order may be treated as an order made by a Family Court solely for the purpose of the enforcement of that order by the Family Court:| (a) | an order for the payment of emas kahwin and marriage expenses (hantaran belanja) under section 52(1) or (3)(a); | | (b) | an order for the custody of a minor child under section 52(3)(c); | | (c) | an order for the disposition or division of property under section 52(3)(d). [27/2014] |
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| (3) For the purposes of subsection (1), the provisions of the Women’s Charter 1961 apply, with the necessary modifications, to the enforcement of any order of the Court referred to in that subsection by the Family Court. [27/2014] |
| (4) A Family Court has jurisdiction to enforce any order in accordance with this section regardless of the monetary amount involved. [27/2014] |
| (5) In enforcing a custody order under subsection (2), a Family Court may exercise the powers conferred by section 14 of the Guardianship of Infants Act 1934. [27/2014] |
| (6) Where, on or after the commencement of proceedings in a Family Court for the enforcement of an order made by the Syariah Court pursuant to subsection (1) or (2), a party aggrieved by that order has made any application under section 55 or commenced any proceedings in any court affecting that order, the Family Court may, on its own motion or on the application of any party, stay the proceedings for the enforcement of that order on such terms as it thinks fit. [27/2014] |
(7) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules —| (a) | to regulate and prescribe the procedure and practice to be followed in any proceedings commenced in a Family Court pursuant to subsection (1) or (2); and | | (b) | to provide for any matter relating to any such procedure or practice. [27/2014] |
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| (8) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. [27/2014] |
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| Execution of deed or indorsement of negotiable instrument |
53A.—(1) If a judgment or an order of the Court is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, or neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may prepare a deed, a document or an indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to the Court for execution upon the proper stamp, if any is required by law.| (2) The signature thereof by the registrar or any president of the Court has the same effect as the execution, signing or indorsement thereof by the party ordered to execute. |
| (3) Nothing in this section is to be taken to abridge the powers of a court under section 53. |
| (4) This section and sections 51(4) and (5), 52(6) and (13) and 53 also apply to any judgment or order of the Court made before 1 August 1999. |
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| 53B. The Court may order any party to pay any costs of any proceedings under this Part, including travelling and subsistence expenses of the parties and witnesses, and is to itself assess the amount of any costs so ordered to be paid. |
54.—(1) If the husband of any married woman has died or is believed to have died or has not been heard of over a prolonged period, in such circumstances that he might for the purpose of enabling his wife to remarry be presumed in accordance with the Muslim law to be dead, but a death certificate cannot be obtained, the Court may on the application of the wife and after such inquiry as may be proper issue in accordance with the Muslim law a certificate of presumption of the death of the husband and thereafter the wife is at liberty to remarry.| (2) Such certificate is deemed to be a certificate of the death of the husband within the meaning of section 97(1)(b)(i). |
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| Unauthorised audio or visual recording in proceedings before Court or Appeal Board |
| 54A.—(1) The Court or an Appeal Board may grant or refuse permission to use in proceedings before the Court or Appeal Board, or to bring into the Court or the place of the Appeal Board hearing, a recording device. [Act 11 of 2022 wef 17/08/2022] | (2) The Court or Appeal Board may grant permission under subsection (1) subject to such conditions as the Court or Appeal Board thinks proper with respect to the use of any recording made pursuant to that permission. [33/2017] [Act 11 of 2022 wef 17/08/2022] |
| (3) The Court or Appeal Board may withdraw or amend any permission granted under subsection (1), either generally or in relation to any particular part of the proceedings before the Court or Appeal Board. [33/2017] [Act 11 of 2022 wef 17/08/2022] |
(4) A person shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both, if the person —| (a) | uses in proceedings before the Court or an Appeal Board or brings into the Court or the place of the Appeal Board hearing any recording device without permission under subsection (1); or [Act 11 of 2022 wef 17/08/2022] | | (b) | uses any recording made pursuant to permission under subsection (1) in contravention of any conditions of that permission. [33/2017] |
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| (5) This section does not apply to the making or use of any audio or visual recording for the purposes of official transcripts of proceedings or any other purpose authorised by the Court or Appeal Board. [33/2017] [Act 11 of 2022 wef 17/08/2022] |
(6) In this section, a recording is made pursuant to permission under subsection (1) if the recording is —| (a) | an audio or visual recording of proceedings before the Court or Appeal Board made by means of a recording device for which that permission was granted; or [Act 11 of 2022 wef 17/08/2022] | | (b) | any recording derived directly or indirectly from that audio or visual recording. [33/2017] |
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(7) In this section —“audio or visual recording” means an audio recording, a visual recording, or a recording that comprises both an audio recording and a visual recording, and includes —| (a) | any recording of a temporary nature, including (but not limited to) any such recording for the purposes of contemporaneous or instantaneous publication or transmission; and | | (b) | in relation to proceedings before the Court or an Appeal Board, an audio or visual recording of —| (i) | a person participating in, viewing or listening to proceedings before the Court or Appeal Board; or | | (ii) | a person viewing or listening to an audio or visual recording of proceedings before the Court or Appeal Board; [Act 11 of 2022 wef 17/08/2022] |
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| “proceedings before the Court or an Appeal Board” includes proceedings before the Court or an Appeal Board, or any part of the proceedings before the Court or Appeal Board, conducted through any electronic means of communication; [Act 11 of 2022 wef 17/08/2022] |
| “recording device” means any audio recorder, electronic device or other instrument for making an audio or visual recording. [33/2017] [Act 11 of 2022 wef 17/08/2022] |
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54B.—(1) The Court or an Appeal Board may by oral order exclude from any proceeding before the Court or Appeal Board any person whose behaviour, in the opinion of the Court or Appeal Board (as the case may be), constitutes any offence mentioned in the following paragraphs, whether or not that person is charged with that offence:| (a) | an offence under section 54A(4); | | (b) | any offence under section 175, 178, 179, 180 or 228 of the Penal Code 1871 that is committed before the Court in that proceeding. [33/2017] [Act 11 of 2022 wef 17/08/2022] |
| (2) Any member or officer of the Court or an Appeal Board, and any police officer, may take such steps as are reasonably necessary to enforce an exclusion under subsection (1). [33/2017] [Act 11 of 2022 wef 17/08/2022] |
| (3) In this section, “proceeding before the Court or an Appeal Board” includes proceedings before the Court or an Appeal Board, or any part of the proceedings before the Court or Appeal Board, conducted through any electronic means of communication. [Act 11 of 2022 wef 17/08/2022] |
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55.—(1) An appeal lies to an Appeal Board constituted under this section from any decision of the Court —| (a) | by any person aggrieved by the decision if the amount in issue on appeal is not less than $450; | | (b) | in all cases involving any decision as to personal status, by any person aggrieved by the decision; | | (c) | in all cases relating to maintenance, by any person aggrieved by the decision; | | (d) | in all cases relating to custody of minor children, by any person aggrieved by the decision; | | (e) | in all cases relating to the disposition or division of property on divorce or nullification of marriage, by any party aggrieved by the decision; | | (f) | to grant or refuse permission to commence or to continue civil proceedings under section 35A, by the other party in the civil proceedings; or [Act 25 of 2021 wef 01/04/2022] | | (g) | in any other case, with the permission of the Appeal Board. [Act 25 of 2021 wef 01/04/2022] |
| (2) No appeal under subsection (1)(a), (b), (c), (d) or (e) lies against a decision of the Court by consent except with the permission of the Appeal Board. [Act 25 of 2021 wef 01/04/2022] |
| (3) The President of Singapore acting on the advice of the Majlis is to, at least once in every 3 years, nominate at least 7 Muslims to form a panel of persons from among whom an Appeal Board of 3 may be constituted from time to time by the President of the Majlis. [33/2017] |
| (4) On any person appealing against a decision of the Court or applying for permission to appeal in accordance with subsection (1) or (2), the President of the Majlis is to select 3 persons to form an Appeal Board to hear such appeal or application for permission to appeal and is to nominate one of such persons to preside over the Appeal Board. [Act 25 of 2021 wef 01/04/2022] |
| (5) On any appeal, an Appeal Board may confirm, reverse or vary the decision of the Court, exercise any such powers as the Court could have exercised, make such order as the Court ought to have made or order a retrial, or award costs if it thinks fit. |
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56.—(1) The President of Singapore may in his or her discretion call for the record of any proceedings before the Court, the Registrar, Kadi or Naib Kadi and may refer such record to the Majlis for its consideration.| (2) The Majlis may after considering the matter recommend that the decision of the Court, the Registrar, Kadi or Naib Kadi (as the case may be) be reversed, altered or modified and the President of Singapore may thereupon order such decision to be reversed, altered or modified. |
| (3) Every decision when so altered or modified is in its altered or modified form to be held to be valid in all respects as if made by the Court, the Registrar, Kadi or Naib Kadi whose decision has been revised. |
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| Decision of Court and Appeal Board to be final |
| 56A. Subject to the provisions of this Act, any decision of the Court or the Appeal Board is final, and no decision or order of the Court or the Appeal Board may be challenged, appealed against, reviewed, quashed or called into question in any court and may not be subject to any Quashing Order, Prohibiting Order, Mandatory Order or injunction in any court on any account. |
| Protection from personal liability |
56B.—(1) Subsection (2) applies where an act is done or an omission is made —| (a) | by a president or member of the Court or an Appeal Board, or the registrar or a deputy registrar of the Court, in the discharge of his or her judicial duty, whether or not within the limits of his or her jurisdiction; | | (b) | by the Registrar, a Deputy Registrar, a Kadi or a Naib Kadi in the exercise or purported exercise of any of his or her functions under this Act; | | (c) | by an authorised person for the purposes of any proceedings before the Court or an Appeal Board, or any mediation or other alternative dispute resolution process related to those proceedings; | | (d) | by a child representative appointed to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child —| (i) | for the purposes of those proceedings; or | | (ii) | in any mediation or other alternative dispute resolution process related to those proceedings; |
| | (e) | by an individual (being a registered medical practitioner, psychologist, counsellor, social worker or mental health professional) appointed by the Court to examine or assess a child for the purposes of preparing expert evidence for use in any proceedings involving the custody or welfare of that child —| (i) | for the purposes of the examination or assessment; or | | (ii) | for the purposes of preparing the expert evidence for use in those proceedings; or |
| | (f) | by any person in the course of conducting any counselling, family support programme or activity, or programme for children under Part 3. |
| (2) No liability shall lie personally against the person who did the act or made the omission if the act was done or the omission was made in good faith and with reasonable care. |
| (3) No liability shall lie personally against an officer of the Court or an Appeal Board, or any other person expressly authorised by the Court or an Appeal Board, charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the Court or Appeal Board, for the execution of or attempting to execute the writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he or she knowingly acted in excess of the authority conferred upon him or her by the writ, summons, warrant, order, notice or other mandatory process. |
| (4) The officer or other person mentioned in subsection (3) is not deemed to have acted knowingly in excess of his or her authority merely by reason of the existence of a dispute as to the ownership of any property seized under any enforcement order or writ of distress. |
(5) No liability shall lie personally against an authorised person for any loss or damage, suffered by any person by reason of any error or omission resulting from —| (a) | any malfunction in any electronic means of communication provided for in this Act, if the malfunction occurred despite the authorised person having acted in good faith and with reasonable care to prevent the malfunction; or | | (b) | any fault or failure on the part of the person using the electronic means of communication. |
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(6) In this section —| (a) | a reference to the exercise of a function includes a reference to the exercise of a power or the performance of a duty; and | | (b) | “authorised person” means —| (i) | a member or an officer of the Court or an Appeal Board; | | (ii) | the registrar or a deputy registrar of the Court; | | (iii) | a mediator appointed by the Court; or | | (iv) | any other person expressly authorised by the Court or an Appeal Board to conduct any proceedings before the Court or Appeal Board, or any mediation or other alternative dispute resolution process related to those proceedings. [Act 11 of 2022 wef 30/11/2022] |
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