Muslim Marriage and Divorce (Amendment) Rules 2025

No. S 148

Administration of Muslim Law Act 1966

Muslim Marriage and Divorce
(Amendment) Rules 2025

In exercise of the powers conferred by section 145 of the Administration of Muslim Law Act 1966, the President of Singapore makes the following Rules:

Citation and commencement

1.—(1) These Rules are the Muslim Marriage and Divorce (Amendment) Rules 2025 and, except for rule 16(1), come into operation on 3 March 2025.

(2) Rule 16(1) is deemed to have come into operation on 31 December 2021.

Amendment of rule 2

2. In the Muslim Marriage and Divorce Rules (R 1) (called in these Rules the principal Rules), in rule 2 —

(a)

in paragraph (1), replace the definitions of “Corppass” and “Corppass credential” with —

“ “Corppass” means the national digital identity service, owned by the Government, by which the identity of an entity or its authorised representative may be authenticated;

“Corppass credential” means any username, password, access code, biometric identifier, 2‑factor authentication detail or other information, which an entity or its authorised representative, using Corppass, may present for authentication;”;

(b)

in paragraph (1), replace the definitions of “Singpass” and “Singpass credential” with —

“ “Singpass” means the national digital identity service, owned by the Government, by which the identity of an individual may be authenticated;

“Singpass credential” means any username, password, access code, biometric identifier, 2‑factor authentication detail or other information, which an individual using Singpass may present for authentication;”;

(c)

in paragraph (2)(a), replace “http://www.romm.gov.sg” with “https://www.marriage.gov.sg”; and

(d)

in paragraph (2)(e), replace “http://www.muis.gov.sg” with “https://www.muis.gov.sg”.

Amendment of rule 2A

3. In the principal Rules, in rule 2A(1), after “sections”, insert “36A, 36B, 36C,”.

Amendment of rule 3

4. In the principal Rules, in rule 3, replace paragraph (5) with —

“(5) In this rule, “maintenance order”, in relation to an order, has the meaning given by —

(a)	section 17(4) of the Women’s Charter 1961 as in force immediately before 25 September 2023 — if the order is made before 25 September 2023; and
(b)	section 8 of the Women’s Charter 1961 — if the order is made on or after 25 September 2023.”.

Amendment of rule 11

5. In the principal Rules, in rule 11, replace the rule heading with —

“Application to represent minor or person lacking capacity”.

Amendment of rule 11A

6. In the principal Rules, in rule 11A —

(a)	in the rule heading, replace “person under disability” with “minor or person lacking capacity”; and
(b)	in paragraphs (1), (3) and (4), replace “person under disability” wherever it appears with “minor or person lacking capacity”.

Amendment of rule 18A

7. In the principal Rules, in rule 18A(2) —

(a)

in sub‑paragraph (e), replace the full‑stop at the end with a semi‑colon; and

(b)

after sub‑paragraph (e), insert —

“(f)	that any cross‑examination or part of the cross‑examination be restricted in scope or duration.”.

New rule 19

8. In the principal Rules, after rule 18A, insert —

“Applications relating to orders under sections 36A and 36B of Act

19.—(1) An application may be made by a summons supported by affidavit for an order under section 36A(2)(c) or (d) or (3) or 36B(2)(c) or (d) or (3) of the Act.

(2) An application may be made by a summons supported by affidavit for the permission of the Court to do anything otherwise prohibited under an order made under section 36A(2)(c) or (d) or (3)(c) or 36B(2)(c) or (d) or (3)(c) of the Act.

(3) An applicant who files the summons in paragraph (1) or (2) must serve on any other party the summons and supporting affidavit at least 7 days before the first hearing or any shorter period that the Court may allow.

(4) A party who intends to oppose the applicant’s summons must file and serve on the applicant an affidavit within 14 days, or any other period that the Court may allow, after being served with the applicant’s summons and supporting affidavit.

(5) Except in a special case, no further affidavit is to be received in evidence without the Court’s approval.”.

New rule 24C

9. In the principal Rules, after rule 24B, insert —

“Swearing and signing of affidavit before and attestation by commissioner for oaths through live video or live television link

24C.—(1) Without affecting section 109A(4) of the Act, an affidavit may be sworn and signed in Singapore before, and the attestation completed and signed by, a commissioner for oaths with the deponent appearing before the commissioner for oaths through a live video or live television link in accordance with paragraphs (2), (3) and (4).

(2) The live video or live television link must be created using a remote communication technology that complies with the requirements set out in any practice directions for the time being issued by the registrar.

(3) For the purpose of this rule, the deponent and the commissioner for oaths may sign the affidavit electronically in accordance with any requirements issued by the registrar.

(4) Where the affidavit is to be taken, and an oath for the taking of the affidavit is to be administered, in Singapore by a commissioner for oaths through a live video or live television link, the commissioner for oaths must be able to —

(a)	maintain visual contact and communicate with the deponent and any interpreter present throughout the process;
(b)	confirm the identity of the deponent and any interpreter present;
(c)	verify by visual inspection, read, interpret and explain the document to be sworn and signed by the deponent; and
(d)	confirm that the document which the commissioner for oaths later signs is the same document sworn and signed by the deponent.”.

New rule 25C

10. In the principal Rules, after rule 25B, insert —

“Persons who may be advised to attend family support programmes or activities

25C. For the purposes of section 43A(1)(b) of the Act, the prescribed class of persons is any person who, in relation to a child of the parties —

(a)

is a guardian of the child appointed under the Guardianship of Infants Act 1934;

(b)

regularly has the charge of, or control over, the child (whether solely or jointly with one or more persons); or

(c)

is able to exercise a significant influence over —

(i)	how a party parents the child; or
(ii)	the physical, mental, social or psychological wellbeing of the child.”.

Amendment of rule 38I

11. In the principal Rules, in rule 38I —

(a)

replace paragraph (2) with —

“(2) Despite rule 24C, where an affidavit is to be filed in Court using the electronic system and it is sworn in the usual way in which the deponent signs the original paper affidavit —

(a)	a true and complete electronic image of the original paper affidavit must be created; and
(b)	the original paper affidavit must be retained by the party who filed it for a period of 7 years after it is filed.”; and

(b)

in paragraph (3), replace “paragraph (2)(c)” with “paragraph (2)(b)”.

Amendment of rule 39

12. In the principal Rules, in rule 39 —

(a)

in paragraph (6), replace “the proceedings” with “evidence”;

(b)

in paragraph (15)(a), after “and the notice”, insert “mentioned in paragraph (11)”;

(c)

in paragraph (15)(b), replace “proceedings” with “evidence”; and

(d)

replace paragraph (17) with —

“(17) An application for permission to appeal to the Appeal Board under section 55(1)(h) or (2) of the Act must be made by way of motion in Form 56 supported by an affidavit made by the applicant setting out the reasons why permission should be granted.”.

Amendment of rule 40

13. In the principal Rules, in rule 40 —

(a)

in paragraph (4), replace “order” with “decision”;

(b)

replace paragraphs (5) and (6) with —

“(5) On receiving the copy of the notice of appeal, the president of the Court, the Kadi or Naib Kadi (as the case may be) must, where the decision appealed against is an order, prepare and sign a copy of the grounds of the order, and forward a copy of the grounds of the order to the Chief Executive.

(5A) Where the decision appealed against is an order made under section 36A or 36B of the Act or an order or directions made on an application under rule 11, 14, 17, 17A, 18(4), 18A or 36, the president of the Court may, instead of providing a copy of the grounds of the order under paragraph (5), forward a copy of the signed notes of evidence to the Chief Executive.

(5B) The Chief Executive must then serve on the appellant a notice to collect the grounds of the order mentioned in paragraph (5) or the notes of evidence mentioned in paragraph (5A), or both, as the case may be.

(6) On payment of the relevant fees specified in the Third Schedule, the appellant may collect, within 14 days after the date of the notice to collect, the copy of the grounds of the order mentioned in paragraph (5) or the notes of evidence mentioned in paragraph (5A), or both, together with any other documents (including exhibits) used by the Court in the first instance.

(6A) The appeal is deemed to be withdrawn if the appellant fails to collect the documents within the period mentioned in paragraph (6).”; and

(c)

after paragraph (10), insert —

“(11) An application for permission to appeal to the Appeal Board under section 55(1)(h) or (2) of the Act must be made by way of motion in Form 56 supported by an affidavit made by the applicant setting out the reasons why permission should be granted.

(12) Rule 39(18), (19) and (20) apply, with the necessary modifications, to an application mentioned in paragraph (11).”.

Amendment of Second Schedule

14. In the principal Rules, in the Second Schedule, after paragraph (3), insert —

“(4)	Orders made on applications for a stay of proceedings under rule 17A.
(5)	Orders made under rule 18(4) for withdrawal of proceedings.
(5A)	Orders made or directions given by a president of the Court under rule 18A for the just, expeditious and economical disposal of proceedings.
(5B)	Orders made on applications under section 36A or 36B of the Act.”.

Amendment of Third Schedule

15. In the principal Rules, in the Third Schedule, in Part I, in item 14, replace “a summons to a defendant for divorce” with “an originating summons for divorce, nullity or other application”.

Miscellaneous amendments

16.—(1) In the principal Rules —

(a)	in rule 2, in the definition of “person lacking capacity”, replace “(Cap. 177A)” with “2008”;
(b)	in rules 4(3)(b) and 5(3)(b), replace “(Cap. 97)” with “1893”;
(c)	in rule 7, replace “Part VI” with “Part 6”; and
(d)	in rules 8D(a) and 11(2)(a) and (b), after “Mental Capacity Act”, insert “2008”.

(2) In the principal Rules —

(a)

in the following provisions, replace “leave” with “permission”:

Rule 9(5)(a)

Rule 12(3), (4)(a), (5) and (7)

Rule 12A(2)

Rule 13B(a)

Rule 17(1)

Rule 18(1), (2), (3), (4) and (8)

Rule 24A(4)

Rule 24B(3) and (4)

Rule 25A(1)

Rule 32(2)

Rule 34(1), (2) and (3)

Rule 39(20)

Rule 42(1)

Second Schedule, paragraph (3)

Third Schedule, Part II, item 3;

(b)

in rule 17, in the rule heading, replace “Leave” with “Permission”;

(c)

in rule 25A, in the rule heading, replace “leave” with “permission”;

(d)

in rule 25A(2), replace “leave application” with “application for permission”; and

(e)

in rules 39(22) and 40(10), delete “for leave”.

[G.N. Nos. S 163/2001; S 388/2001; S 101/2002; S 527/2002; S 1/2003; S 600/2005; S 51/2009; S 222/2010; S 495/2011; S 804/2017; S 639/2018; S 802/2022; S 910/2022; S 654/2023]

Made on 21 February 2025.

By Command,

TAN KEE YONG

Secretary to the Cabinet,
Singapore.

[CRED-029-001-002; AG/LEGIS/SL/3/2020/1]

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