3.—(1) An application to a Kadi or Naib Kadi for solemnization of a marriage under section 95 of the Act must —
(a)
be made in Form 1A;
(b)
be accompanied by a statutory declaration made by each party to the intended marriage and the wali (if any) of the woman to be wedded;
(c)
where the application is made on or after 22 October 2018 and either party to the intended marriage is a person to whom section 94A of the Act applies, be accompanied by the details of the marriage preparation programme attended and completed by both parties to the intended marriage; and
(d)
where the application is made on or after 22 October 2018 and either party to the intended marriage is a minor when the application is made, be accompanied by —
(i)
the consent required under section 94B(1) of the Act of each appropriate person mentioned in the Fourth Schedule to the Act; or
(ii)
if the consent of any such appropriate person cannot be obtained, or if any such appropriate person refuses to give that person’s consent —
(A)
an application to the Kadi or Naib Kadi to dispense with the consent of that person; and
(B)
any evidence in support of the application mentioned in sub-paragraph (A) (including a statutory declaration by any person) that the Kadi or Naib Kadi may require.
[S 639/2018 wef 22/10/2018]
(1A) The Kadi or Naib Kadi may require the applicants to provide any other information that the Kadi or Naib Kadi requires to satisfy himself that there is no lawful obstacle, according to the Muslim law or the Act, to the marriage.
[S 639/2018 wef 22/10/2018]
(2) Where an application under paragraph (1) is made on or after 1st September 2011 and any of the parties to the intended marriage has previously been married but is divorced, the statutory declaration referred to in paragraph (1)(b) shall state whether he or she owes any arrears in respect of any maintenance which is payable under a maintenance order.
(3) The statutory declaration referred to in paragraph (1)(b) shall be made by each party to the intended marriage in the presence of the other party.
(4) A marriage shall not be solemnized by Kadi or Naib Kadi unless the parties to the proposed marriage comply with paragraphs (1), (2) and (3).
(5) In this rule, “maintenance order” has the same meaning as in section 17(4) of the Women’s Charter (Cap. 353).
[S 495/2011 wef 01/09/2011]
Marriage preparation programme
3A.—(1) For the purposes of section 94A(1) of the Act, the class of persons who must attend a marriage preparation programme consists of every party to an intended marriage where —
(a)
at least one of the parties to the intended marriage is a citizen or permanent resident of Singapore;
(b)
at least one of the parties to the intended marriage is below 21 years of age when an application is made to a Kadi or Naib Kadi for the solemnization of the intended marriage; and
(c)
neither party to the intended marriage suffers from any illness or disability specified in paragraph (2).
(2) The illness or disability mentioned in paragraph (1) is —
(a)
any critical illness or terminal illness that renders it impracticable or impossible for the party suffering from that illness, or both that party and the other party to the intended marriage, to attend or complete a marriage preparation programme; or
(b)
any physical disability or infirmity (such as any visual, auditory or speech impairment) that renders it impracticable or impossible for the party suffering that disability or infirmity, or both that party and the other party to the intended marriage, to attend or complete a marriage preparation programme.
(3) In section 94A of the Act, “marriage preparation programme” means a programme or course that —
(a)
is organised by an organisation approved by a Director of the Ministry of Social and Family Development appointed under rule 1B(2) of the Women’s Charter (Registration of Marriages) Rules (Cap. 353, R 3);
(b)
seeks to help persons intending to get married to understand and prepare for the issues commonly arising in a marriage; and
(c)
is conducted by a person who —
(i)
has experience in dealing with issues commonly arising in a marriage; or
(ii)
is trained to conduct such a programme or course.
[S 639/2018 wef 22/10/2018]
Inquiry into wali’s refusal to consent
4.—(1) A Kadi or Naib Kadi who holds an inquiry under section 95(3) of the Act may issue a summons to any person to attend the inquiry.
(2) An inquiry held by a Kadi or Naib Kadi under this rule shall be held not earlier than 7 days from the date of the issue of the summons by the Kadi or Naib Kadi to a person required to attend the inquiry.
(3) At the inquiry, the Kadi or Naib Kadi shall —
(a)
hear and record the evidence given by every person summoned to attend the inquiry; and
(b)
give to every person an opportunity to examine, cross-examine and re-examine the other persons in the manner provided in the Evidence Act (Cap. 97).
(4) The Kadi or Naib Kadi may call for any evidence relating to the inquiry that he considers necessary.
(5) The Kadi or Naib Kadi may give his decision immediately after the inquiry or at a later date in which case notice shall be given to all the parties concerned.
(6) If a notice of appeal referred to in rule 39(2) against the decision of the Kadi or Naib Kadi has been filed within 30 days of the date of the decision, the decision of the Kadi or Naib Kadi shall not be carried out except by order of the Appeal Board.
Application by man already married
5.—(1) A Kadi who holds an inquiry under section 96(3) of the Act may issue summons to require —
(a)
the man;
(b)
the woman;
(c)
the wali of that woman; and
(d)
any other person who is able to give any evidence in the matter,
to attend the inquiry.
(2) An inquiry held by a Kadi under this rule shall be held not earlier than 7 days from the date of the issue of the summons by the Kadi as referred to in paragraph (1).
(3) At the inquiry, the Kadi shall —
(a)
hear and record the evidence given by all of the parties referred to in paragraph (1); and
(b)
give to every party an opportunity to examine, cross-examine and re-examine the other parties in the manner provided in the Evidence Act (Cap. 97).
(4) The Kadi may call for any evidence relating to the inquiry that he considers necessary.
(5) The Kadi may give his decision immediately after the inquiry or at a later date in which case notice shall be given to all the parties concerned.
(6) If a notice of appeal referred to in rule 39(2) against the decision of the Kadi has been filed within 30 days of the date of the decision, the decision of the Kadi shall not be carried out except by order of the Appeal Board.
Registration of marriage and revocation of divorce
6.—(1) A marriage solemnized by a Kadi or Naib Kadi shall be registered in Form 2.
(2) For the purposes of section 102(2)(c) of the Act, an application for the registration of a revocation of divorce must be made in Form 4.
[S 639/2018 wef 22/10/2018]
(3) A revocation of divorce shall be registered in Form 4.
[S 639/2018 wef 22/10/2018]
Record book kept by Kadi or Naib Kadi
7. Every Kadi or Naib Kadi shall keep a record book in which he shall record all the evidence taken by him in any inquiry under Part VI of the Act or any of these Rules.
Summons issued by Kadi or Naib Kadi
8. A summons issued by a Kadi or Naib Kadi under section 95(4) of the Act or any of the provisions in this Part shall be in Form 5.