PART 6 | 89. The provisions of this Part apply only to marriages, both of the parties to which profess the Muslim religion and which are solemnised in accordance with the Muslim law. |
| Appointment of Registrar of Muslim Marriages |
90.—(1) The President of Singapore may appoint either by name or office any male Muslim of good character and position and of suitable attainments to be the Registrar of Muslim Marriages.| (2) The appointment must be notified in the Gazette. |
| (3) The President of Singapore may at any time by notification in the Gazette cancel the appointment. |
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| Appointment of Kadis and Naib Kadis |
91.—(1) Subject to section 146, the President of Singapore may appoint suitable male Muslims of good character and position and of suitable attainments to be Kadis or Naib Kadis.| (2) The President of Singapore may appoint 2 or more Kadis or Naib Kadis for the same district or place. |
(3) The letter of appointment must —| (a) | be in such form as the President of Singapore directs; | | (b) | be signed by the President of Singapore; | | (c) | state either —| (i) | that the person named therein is appointed to be a Kadi or Naib Kadi for a particular district or place, of which the limits must be strictly defined; or | | (ii) | that the person named therein is appointed to be a Kadi or Naib Kadi for particular schools of law (Mazhabs); and |
| | (d) | state the period the person named therein is appointed to be a Naib Kadi. |
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| (4) The appointment of a Kadi or Naib Kadi must be notified in the Gazette. |
| (5) The President of Singapore may at any time by notification in the Gazette cancel such appointment. |
| (6) In the event of a Kadi or Naib Kadi temporarily leaving Singapore or being temporarily incapacitated from performing the duties of his office, the President of Singapore may appoint a suitable person to officiate in his appointment. |
| (7) The jurisdiction, authority and powers of any Kadi or Naib Kadi are such as are conferred by this Act. |
| (8) The President of Singapore may, by the terms of the letter of appointment of any Kadi or Naib Kadi, restrict the exercise of any powers which would otherwise be conferred on the Kadi or Naib Kadi by this Act. |
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| Deputy Registrars of Muslim Marriages |
92.—(1) Every Kadi and Naib Kadi —| (a) | is a Deputy Registrar of Muslim Marriages; and | | (b) | must use a seal bearing such inscription in the Malay language as the Registrar approves. |
| (2) In the event of a Kadi or Naib Kadi leaving the district within which he is appointed to act, or ceasing to hold his appointment, or dying, his books and seals of office must forthwith be returned to, or taken possession of by, the Registrar. |
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| 93. Every Kadi and Naib Kadi must keep such books and registers as are prescribed. |
94.—(1) If any person has, either orally or in writing, and either personally or through an intermediary, entered into a contract of betrothal in accordance with the Muslim law, and subsequently refuses without lawful reason to marry the other party to such contract, such other party being willing to perform the same, the party in default is liable —| (a) | to pay to the other party the sum which it is agreed in the contract by which the marriage was arranged is to be paid by the party in breach of the contract; and | | (b) | if a male, to pay as damages the amount expended in good faith in preparation for the marriage, or if a female, to return the betrothal gifts (if any) or the value thereof and to pay as damages the amount expended in good faith in preparation for the marriage. |
| (2) The payments and return of gifts mentioned in subsection (1) may be recovered by action in the Syariah Court. |
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| Marriage preparation programme |
| 94A.—(1) This section applies to every person within a class of persons prescribed by rules made under section 145 as persons who must attend a marriage preparation programme. [33/2017] | (2) An application cannot be made to a Kadi or Naib Kadi for the solemnisation of the marriage of a person to whom this section applies, unless the person satisfies the Kadi or Naib Kadi (as the case may be) that the person, and the other party to the proposed marriage, have attended together and completed a marriage preparation programme. [33/2017] |
| (3) In this section, “marriage preparation programme” means a marriage preparation programme which satisfies the description specified in the rules made under section 145. [33/2017] |
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| Consent to application for solemnisation of marriage of minor |
| 94B.—(1) An application cannot be made to a Kadi or Naib Kadi for the solemnisation of the marriage of a minor without the consent of the appropriate person or persons mentioned in the Fourth Schedule. [33/2017] (2) If a Kadi or Naib Kadi is satisfied that the consent of an appropriate person mentioned in the Fourth Schedule cannot be obtained by reason of that person being absent, inaccessible or under any disability, the Kadi or Naib Kadi —| (a) | must dispense with the consent of that person, if the consent of any other person is required; and | | (b) | may dispense with the consent of that person, if the consent of no other person is required. [33/2017] |
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| (3) If an appropriate person mentioned in the Fourth Schedule refuses to give that person’s consent, a Kadi or Naib Kadi may, on an application to the Kadi or Naib Kadi, dispense with the consent of that person. [33/2017] |
| (4) Before dispensing with the consent of a person mentioned in subsection (3), the Kadi or Naib Kadi must give that person an opportunity to show cause why that person’s consent should not be dispensed with. [33/2017] |
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| Solemnisation of marriage |
95.—(1) Subject to the provisions of this Act, a marriage may be solemnised according to the Muslim law —| (a) | by the wali of the woman to be wedded; | | (b) | by a Kadi or Naib Kadi, at the request of the wali of the woman to be wedded; or | | (c) | by a Kadi, where —| (i) | there is no wali of the woman to be wedded; or | | (ii) | the wali of the woman to be wedded refuses his consent to the marriage, on grounds that the Kadi does not consider satisfactory. [33/2017] |
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(2) On or after 22 October 2018, both of the following conditions must be satisfied before the wali of the woman to be wedded can solemnise the marriage:| (a) | the parties to be wedded have applied to a Kadi or Naib Kadi for, and he has given, his written consent to the solemnisation of the marriage by the wali; | | (b) | a Kadi or Naib Kadi is present during the solemnisation of the marriage by the wali. [33/2017] |
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| (3) Before solemnising a marriage or giving his written consent to the solemnisation of a marriage by a wali, a Kadi or Naib Kadi must satisfy himself after inquiry that there is no lawful obstacle, according to the Muslim law or this Act, to the marriage. [33/2017] |
| (4) For the purpose of any inquiry, a Kadi or Naib Kadi may issue a summons requiring any person to appear before him to give evidence or to produce a document. |
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| Restriction on solemnisation of marriage |
96.—(1) No marriage may be solemnised under this Act unless all the conditions necessary for the validity thereof, in accordance with the Muslim law and the provisions of this Act, are satisfied.(2) No marriage may be solemnised under this Act if the man to be wedded is married to any person other than the other party to the intended marriage, except —| (a) | by a Kadi; or | | (b) | with the written consent of a Kadi, by the wali of the woman to be wedded. |
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| (3) Before solemnising a marriage or giving his written consent to the solemnisation of a marriage under subsection (2), the Kadi must satisfy himself after inquiry that there is no lawful obstacle according to the Muslim law or this Act to such marriage. |
| (4) No marriage may be solemnised under this Act if at the date of the marriage either party is below 18 years of age. |
| (5) Despite subsection (4), a Kadi may in special circumstances solemnise the marriage of a girl who is below 18 years of age but has attained the age of puberty. |
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97.—(1) Where the woman to be wedded is a janda —| (a) | she must not be married to any person other than the husband from whom she was last divorced, at any time prior to the expiration of the period of iddah, which must be calculated in accordance with the Muslim law; | | (b) | she must not be married unless she has previously produced —| (i) | a certificate of the death of her late husband; | | (ii) | a certificate of divorce lawfully issued under the law for the time being in force; | | (iii) | a certified copy of the entry relating to such divorce in the appropriate register of divorces; or | | (iv) | a certificate, which may upon her application be granted after inquiry by the Syariah Court, to the effect that she is a janda; and |
| | (c) | if the divorce was by 3 talak, she must not be remarried to her previous husband, unless prior to the marriage she has been lawfully married to some other person and such marriage has been consummated and later lawfully dissolved. |
| (2) The Syariah Court may, if it is satisfied that there has been any collusion between the previous husband and the other person to whom the woman was married after the 3 talak, annul the remarriage with the previous husband mentioned in subsection (1)(c). |
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| 98. [Repealed by Act 29 of 2008] |
| Copy of certificate to be sent to Registrar |
| 99. Every Kadi and Naib Kadi must, within one week of the registration of a marriage or revocation of divorce, send a copy of the certificate of marriage or revocation of divorce (as the case may be) to the Registrar. |
| Registers of Marriages, Divorces and Revocation of Divorces |
100.—(1) The Registrar —| (a) | must maintain a Register of Marriages containing such records and information as the Registrar may determine on every marriage solemnised and registered under this Act; and | | (b) | may keep the Register of Marriages in such form as the Registrar may determine. [33/2017] |
(2) The Registrar —| (a) | must maintain a Register of Revocation of Divorces containing such records and information as the Registrar may determine on every revocation of divorce registered under this Act; and | | (b) | may keep the Register of Revocation of Divorces in such form as the Registrar may determine. [33/2017] |
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(3) The registrar of the Syariah Court —| (a) | must maintain a Register of Divorces containing the copies of the certificates of divorce issued by that Court; and | | (b) | may keep the Register of Divorces in the form that the registrar of the Syariah Court may determine. [Act 11 of 2022 wef 30/11/2022] |
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| (4) [Deleted by Act 11 of 2022 wef 30/11/2022] |
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| Cancellation or rectification of entry in register or certificate, etc. |
101.—(1) If it appears that any entry in any Register of Marriages or Register of Revocation of Divorces kept or a certificate of marriage or certificate of revocation of divorce issued under this Act has been made or issued in error or contains any error that might be corrected, the Registrar or any person affected by such error may apply to the Syariah Court for the cancellation of the certificate or rectification of such entry.| (2) If it appears that any entry in the Register of Divorces or a certificate of divorce issued under this Act has been made or issued in error or contains any error that might be corrected, any person affected by such error may apply to the Syariah Court for the cancellation of the certificate or rectification of such entry. |
| (3) The Syariah Court may, after such inquiry as it thinks proper, order the cancellation of the certificate or rectification of the entry accordingly. |
| (4) If it appears that any decree or order of the Syariah Court under this Act has been made or issued in error or contains any error that might be corrected, the Court may, on its own motion or upon the application of any person affected by such error, order the rectification of such error. |
| (5) Any person may be ordered to surrender any document to the Registrar or any president of the Syariah Court for cancellation or rectification in consequence of any such order. |
| (6) If the Registrar is satisfied by statutory declaration or otherwise that any certificate of marriage or certificate of revocation of divorce contains any clerical or typographical error, the Registrar may rectify such certificate. [Act 4 of 2024 wef 01/07/2024] |
(7) The Registrar must —| (a) | authenticate any rectification made in the certificate of marriage or the certificate of revocation of divorce (as the case may be); and [Act 4 of 2024 wef 01/07/2024] | | (b) | authenticate any rectification made in the Register of Marriages or Register of Revocation of Divorces (as the case may be). [33/2017] [Act 4 of 2024 wef 01/07/2024] |
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| (8) [Deleted by Act 4 of 2024 wef 01/07/2024] |
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| Registration of marriage, divorce or revocation of divorce compulsory |
102.—(1) A Kadi or Naib Kadi —| (a) | must register a marriage (which was solemnised by him or in his presence) immediately after the solemnisation of the marriage; and | | (b) | may, at his option, register, or solemnise and register, a marriage —| (i) | at his house or office; | | (ii) | at the house of the parties, or one of the parties, to the marriage; or | | (iii) | at any other place proposed by the parties to the marriage. [33/2017] |
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(2) In the case of every revocation of divorce effected in Singapore, the husband and wife must —| (a) | attend personally within 7 days beginning on the date of the revocation of divorce at the office of a Kadi; | | (b) | furnish such particulars as are required by the Kadi for the due registration of such revocation of divorce; and | | (c) | apply for the registration of such revocation of divorce. [33/2017] [Act 11 of 2022 wef 30/11/2022] |
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| (3) A Kadi must not register any revocation of divorce unless he is satisfied after inquiry that the parties have consented to the registration thereof. |
| (4) Where, on an application for the registration of a revocation of divorce, the Kadi is not satisfied that both the parties have consented to the registration thereof, the Kadi must refer the application to the Syariah Court and the Syariah Court may make such decree or order as is lawful under the Muslim law. |
(5) In the case of every divorce effected in Singapore, the husband and wife must attend personally at the Syariah Court within 7 days beginning on the date of the divorce, or such extended time as the Syariah Court thinks fit, and —| (a) | furnish such particulars as are required by the Syariah Court; and | | (b) | apply for a decree or order for divorce. [33/2017] [Act 11 of 2022 wef 30/11/2022] |
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| Signing of register and inquiry by Kadi |
| 103.—(1) Where a marriage has been solemnised by a Kadi or Naib Kadi, or by the wali of the woman to be wedded in the presence of a Kadi or Naib Kadi, the Kadi or Naib Kadi must register the marriage by entering the particulars of the marriage in the Register of Marriages and in the certificate of marriage. [33/2017] | (2) Subject to section 102, a Kadi may, at any time within 7 days after a revocation of divorce, register the revocation of divorce by entering the particulars of the revocation of divorce in the Register of Revocation of Divorces and in the certificate of revocation of divorce. [33/2017] |
| (3) [Deleted by Act 4 of 2024 wef 01/07/2024] |
| (4) Before making any entry, the Kadi or Naib Kadi must make such inquiries as he considers necessary to satisfy himself as to the validity of the marriage or revocation of divorce. |
| (5) For the purpose of such inquiries, the Kadi or Naib Kadi may issue a summons requiring any person to appear before him to give evidence or to produce any document. |
| (6) Every person so summoned is legally bound to comply with such summons. |
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| Refusal to register marriage or revocation of divorce |
104.—(1) Every Kadi or Naib Kadi who refuses to register a marriage and every Kadi who refuses to register a revocation of divorce must record his reasons for such refusal in a book to be kept for that purpose.| (2) The Kadi or Naib Kadi must forthwith inform the Registrar and all other Kadis and Naib Kadis in Singapore in the prescribed form of his decision. |
| (3) Upon payment of the prescribed fee, the Kadi or Naib Kadi must give a copy of his reasons for refusal to the applicant for registration. |
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| 105. An appeal from the decision of a Kadi or Naib Kadi under this Act lies to an Appeal Board constituted under section 55 and that section applies, with the necessary modifications, to an appeal from the decision of a Kadi or Naib Kadi as they apply to an appeal from a decision of the Syariah Court. |
| Where Appeal Board orders registration |
106.—(1) If the Appeal Board on appeal orders the marriage or revocation of divorce to be registered, the necessary entries must as soon as possible be made by the Kadi or Naib Kadi.| (2) An entry must be made in the Register of Marriages or Register of Revocation of Divorces (as appropriate) showing that the marriage or revocation of divorce was registered by order of the Appeal Board on appeal, and must be authenticated by the person making the entry. [33/2017] |
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| Extended time for registration of revocation of divorce |
| 107. Any revocation of divorce which has not been registered within the time prescribed by section 102 may, with the Registrar’s written consent and subject to section 102(3) and (4), be registered by a Kadi within 3 months from the date of such revocation of divorce. [33/2017] |
| Copy of entry to be given to parties |
| 108. On the completion of the registration of any marriage or revocation of divorce, the Kadi or Naib Kadi (as the case may be) must give to each of the parties a copy of the certificate of marriage or certificate of revocation of divorce. [Act 4 of 2024 wef 01/07/2024] |
| Legal effect of registration of marriage, divorce or revocation of divorce |
| 109. Nothing in this Act is to be construed to render valid or invalid merely by reason of its having been or not having been registered any Muslim marriage, divorce or revocation of divorce which otherwise is invalid or valid. |
| Marriages, divorces and revocation of divorces using electronic means of communication |
109A.—(1) Despite anything in section 95(2)(b) or (4), 101(6) or (8), 102(1)(a) or (2)(a) or 103(1), (3) or (5) requiring, or relating to, the presence or appearance of any person to perform any act, or to witness or attest the doing of anything under any of those provisions, such person is taken to be present or to appear for that purpose if —| (a) | the person, with the permission of the Registrar, attends and performs that act, or witnesses or attests the doing of that thing, through the use of a live video link or live television link that is created using any electronic means of communication approved by the Registrar; | | (b) | the person complies with such conditions that the Registrar considers necessary or expedient to impose relating to the use of the electronic means of communication; | | (c) | the Registrar is satisfied that there are sufficient administrative and technical facilities and arrangements made at the place where the person is located; and | | (d) | all of the following persons are in Singapore:| (i) | in relation to a marriage to which this Part applies — both parties to the marriage, the witnesses (if required) and the wali (if any) of the woman to be wedded; | | (ii) | in relation to a revocation of divorce to which this Part applies — both parties to the revocation of divorce and the witnesses (if required). |
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| (2) [Deleted by Act 4 of 2024 wef 01/07/2024] |
| (3) Despite section 102(1)(b) requiring any registration, or solemnisation and registration, of a marriage to be conducted at any place mentioned in that provision, that registration, or solemnisation and registration, may be conducted using any electronic means of communication in accordance with this section. |
(4) Despite section 102(5) requiring the presence of any person to perform any act, such person is taken to be present for that purpose if —| (a) | the person, with the permission of the senior president of the Court, attends and performs that act through the use of a live video link or live television link that is created using any electronic means of communication approved by the senior president of the Court; | | (b) | the person complies with such conditions that the senior president of the Court considers necessary or expedient to impose relating to the use of the electronic means of communication; and | | (c) | the senior president of the Court is satisfied that there are sufficient administrative and technical facilities and arrangements made at the place where the person is located. |
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| (5) [Deleted by Act 4 of 2024 wef 01/07/2024] |
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| Making of statutory declarations |
109B. Despite section 11(1)(b) of the Oaths and Declarations Act 2000, a statutory declaration required for any purpose in section 43(b) or 109A may be made by a person appearing before another person, who is empowered under any written law to take or receive the statutory declaration, using any electronic means of communication —| (a) | in the case of a statutory declaration required for any purpose in section 43(b) or 109A(4) — approved by the senior president of the Court; and [Act 4 of 2024 wef 01/07/2024] | | (b) | in the case of a statutory declaration required for any purpose in section 109A(1) or (3) — approved by the Registrar. [Act 11 of 2022 wef 30/11/2022] [Act 4 of 2024 wef 01/07/2024] |
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