Comparison View

Formal Consolidation |  2007 RevEd
Civil jurisdiction — concurrent jurisdiction with Syariah Court in certain matters
17A.—(1)  Notwithstanding sections 16 and 17, the High Court shall have no jurisdiction to hear and try any civil proceedings involving matters which come within the jurisdiction of the Syariah Court under section 35(2)(a), (b) or (c) of the Administration of Muslim Law Act (Cap. 3) in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law.
[20/99]
(2)  Notwithstanding that such matters come within the jurisdiction of the Syariah Court under section 35(2)(d) or (e), 51 or 52(3)(c) or (d) of the Administration of Muslim Law Act, the High Court shall have jurisdiction as is vested in it by any written law to hear and try any civil proceedings involving matters relating to —
(a)maintenance for any wife or child;
(b)custody of any child; and
(c)disposition or division of property on divorce.
[20/99]
(3)  Where civil proceedings involving any matter referred to in subsection (2)(b) or (c) and involving parties who are Muslims or were married under the provisions of the Muslim law are commenced in the High Court, the High Court shall stay the civil proceedings —
(a)involving any matter referred to in subsection (2)(b) or (c), if the civil proceedings are commenced on or after the commencement of proceedings for divorce in the Syariah Court or after the making of a decree or order for divorce by the Syariah Court or on or after the registration of any divorce under section 102 of the Administration of Muslim Law Act (Cap. 3) between the same parties, unless a Syariah Court commencement certificate in respect of the civil proceedings has been filed with the High Court;
(b)involving any matter referred to in subsection (2)(b), if proceedings for divorce are commenced in the Syariah Court or a decree or order for divorce is made by the Syariah Court or a divorce is registered under section 102 of the Administration of Muslim Law Act between the same parties after the commencement of the civil proceedings, unless a Syariah Court continuation certificate in respect of the civil proceedings has been filed with the High Court.
[20/99]
(4)  For the purposes of subsection (3), where the proceedings in the Syariah Court are commenced on the same day as the civil proceedings in the High Court, the proceedings in the Syariah Court shall be deemed to have been commenced before the civil proceedings.
[20/99]
(5)  Subsection (3)(a) shall not apply if the civil proceedings referred to therein are commenced in the High Court by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act have been filed in accordance with Rules of Court.
[20/99]
(6)  Subsection (3)(b) shall not apply if the civil proceedings referred to therein are continued by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act (Cap. 3) have been filed in accordance with Rules of Court.
[20/99]
(7)  For the avoidance of any doubt, the High Court, in exercising its jurisdiction or powers under subsection (2), shall apply the civil law.
[20/99]
(8)  Notwithstanding section 3(2) of the Women’s Charter (Cap. 353), section 112 of that Act shall apply to the High Court in the exercise of its jurisdiction or powers under subsection (2)(c).
[20/99]
(9)  In this section —
“Syariah Court” means the Syariah Court constituted under the Administration of Muslim Law Act;
“Syariah Court commencement certificate” means a commencement certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act;
“Syariah Court continuation certificate” means a continuation certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act.
[20/99]
Informal Consolidation | Amended S 1102/2020
Civil jurisdiction — concurrent jurisdiction with Syariah Court in certain matters
17A.—(1)  Notwithstanding sections 16 and 17, the General Division shall have no jurisdiction to hear and try any civil proceedings involving matters which come within the jurisdiction of the Syariah Court under section 35(2)(a), (b) or (c) of the Administration of Muslim Law Act (Cap. 3) in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law.
[20/99]
[Act 40 of 2019 wef 02/01/2021]
(2)  Notwithstanding that such matters come within the jurisdiction of the Syariah Court under section 35(2)(d) or (e), 51 or 52(3)(c) or (d) of the Administration of Muslim Law Act, the General Division shall have jurisdiction as is vested in it by any written law to hear and try any civil proceedings involving matters relating to —
(a)maintenance for any wife or child;
(b)custody of any child; and
(c)disposition or division of property on divorce.
[20/99]
[Act 40 of 2019 wef 02/01/2021]
(3)  Where civil proceedings involving any matter referred to in subsection (2)(b) or (c) and involving parties who are Muslims or were married under the provisions of the Muslim law are commenced in the General Division, the General Division shall stay the civil proceedings —
(a)involving any matter referred to in subsection (2)(b) or (c), if the civil proceedings are commenced on or after the commencement of proceedings for divorce in the Syariah Court or after the making of a decree or order for divorce by the Syariah Court or on or after the registration of any divorce under section 102 of the Administration of Muslim Law Act (Cap. 3) between the same parties, unless a Syariah Court commencement certificate in respect of the civil proceedings has been filed with the General Division;
[Act 40 of 2019 wef 02/01/2021]
(b)involving any matter referred to in subsection (2)(b), if proceedings for divorce are commenced in the Syariah Court or a decree or order for divorce is made by the Syariah Court or a divorce is registered under section 102 of the Administration of Muslim Law Act between the same parties after the commencement of the civil proceedings, unless a Syariah Court continuation certificate in respect of the civil proceedings has been filed with the General Division.
[20/99]
[Act 40 of 2019 wef 02/01/2021]
(3A)  For the purposes of subsection (3), any reference to the registration of any divorce, or to a divorce that is registered, under section 102 of the Administration of Muslim Law Act shall be construed as a reference to the registration of a divorce or to a divorce that is registered under that section before the date of commencement of section 24 of the Administration of Muslim Law (Amendment) Act 2008.
[29/2008 wef 01/03/2009]
(4)  For the purposes of subsection (3), where the proceedings in the Syariah Court are commenced on the same day as the civil proceedings in the General Division, the proceedings in the Syariah Court shall be deemed to have been commenced before the civil proceedings.
[20/99]
[Act 40 of 2019 wef 02/01/2021]
(5)  Subsection (3)(a) shall not apply if the civil proceedings referred to therein are commenced in the General Division by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act have been filed in accordance with Family Justice Rules.
[20/99]
[Act 27 of 2014 wef 01/01/2015]
[Act 40 of 2019 wef 02/01/2021]
(6)  Subsection (3)(b) shall not apply if the civil proceedings referred to therein are continued by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act (Cap. 3) have been filed in accordance with Family Justice Rules.
[20/99]
[Act 27 of 2014 wef 01/01/2015]
(7)  For the avoidance of any doubt, the General Division, in exercising its jurisdiction or powers under subsection (2), shall apply the civil law.
[20/99]
[Act 40 of 2019 wef 02/01/2021]
(8)  Notwithstanding section 3(2) of the Women’s Charter (Cap. 353), section 112 of that Act shall apply to the General Division in the exercise of its jurisdiction or powers under subsection (2)(c).
[20/99]
[Act 40 of 2019 wef 02/01/2021]
(9)  In this section —
“Syariah Court” means the Syariah Court constituted under the Administration of Muslim Law Act;
“Syariah Court commencement certificate” means a commencement certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act;
“Syariah Court continuation certificate” means a continuation certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act.
[20/99]