Administration of Muslim Law Act 1966 - Singapore Statutes Online

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]

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.

Cerai taklik

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]

Fasakh

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 registration under subsection (5) of any order or decree made on or after 30 November 2022 does not require any signature.

[Act 4 of 2024 wef 01/07/2024]

(7) Subsections (1)(g), (3) to (6) apply, with the necessary modifications, to a married man as they apply to a married woman.

Maintenance of wife

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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