SYARIAH LAW FIRM 🟊🟊🟊🟊🟊 SINGAPORE
SYARIAH LAW FIRM 🟊🟊🟊🟊🟊
SINGAPORE
“Marriage truly shapes and transforms people by providing them with someone to confide in, develop with, learn from, and live through the waves of life. This is not always the case”
SINGAPORE
“Marriage truly shapes and transforms people by providing them with someone to confide in, develop with, learn from, and live through the waves of life. This is not always the case”
About Us SR & CO
SR & Co is specialised in Syariah Law in Singapore will advise you on matters where Muslim Law in Singapore affects your matter
SR & Co has been involved in Syariah matters for twenty two years. We are very comprehensive in our dealings with Syariah matters, acting for either the husband or the wife. In terms of maintenance for the children, interim maintenance even for the wife until the matter is concluded. Our Syariah law firm prominent in dealing with syariah matters can undertake such work. Our firm will thoroughly deal in detail together with the experienced team.
The main issues dealing with the children and ancillary matters which is the division of properties with Mutaah and Iddah will be given the best attention for the best interest of the clients. The firm will protect the children or any spouses from verbal or physical abuse in the Family Justice Court, taking up Personal Protection Order and Exclusion Orders.
We will advise you on your legal rights and obligations, that is unique in Syariah Law that arises in your divorce matters.
We will advise you on your legal rights and obligations, that is unique in Syariah Law that arises in your divorce matters.
We understand your situation
Divorce is a difficult decision. We understand the emotional situation you are in and SR & Co is specialised in Syariah Law in Singapore will advise you on matters where Muslim Law in Singapore affects your matter.
We will advise you on your legal rights and obligations such as the custody of children, division of matrimonial assets, and maintenance.
Contact us today with no cost for our first consultation.
We will advise you on your legal rights and obligations such as the custody of children, division of matrimonial assets, and maintenance.
Contact us today with no cost for our first consultation.
Practice Area
We will advise you on your legal rights and obligations such as the custody of children, division of matrimonial assets, and maintenance.
Syariah Law Divorce
In a Syariah Law divorce, as the Syariah court does not give out maintenance orders to the wives, the wives rely on the two financial provisions under Syariah Law. That is:
*Mutaah
Mutaah refers to a consolatory gift from the husband to the wife representing their appreciation for their efforts during the time of marriage.
*Nafkah iddah
Nafkah Iddah refers to maintenance paid from the husbund to the wife for the period of Iddah (period of waiting) when a wife is revocably divorced
A Guide to The Divorce Process at The Syariah Court Singapore
“Divorce does not only affect you but also your Loved ones especially your Children”
Our advice is to use SR & Co for dealing with your matter and we will strictly comply with the step by step process in dealing with your matter in the following manner:
Step divorce proceedings / File originating summons
1. Submit a Registration From
You must submit registration form to file case at the Syariah Court Singapore.
• Download registration form which available at www.syariahcourt.gov.sg
• Fill the form
• Attach copies of the following support documents required:
Marriage certificate
Children’s birth certificate/NRICs
Your NRIC
• Send the particulars to syariah court office or by E-filing
Syariah Court,
Family Link @Lengkok Bahru
8 Lengkok Bahru #03-01
Singapore 159052
Or semd via email.
Note:
Your registration form will be returned to you if:
- You fail to complete the registration form or,
- You fail to attach all the supporting documents
2. Registration Form is Processed
Complete registration form will be processed by syariah court. Thereafter, you and your spouse will be required to attend counselling. Can refer both of you to appointed counselling agency
3. Issuance Of Divorce Originating Summons
The divorce Originating Summons must be filed within 6 months from the date of the final counselling session if counselling is unsuccessful. The required forms can be downloaded from the Syariah Court’s website.
4. Mediation
Marriage counselling programme help applicant:
- Discuss your marriage in safe and neutral setting
- Make informed decision on the future of your marriage
- Understand the impact of divorce on your children and how to act in their best interest
The role of the Mediator is to facilitate a settlement of all the issues between the Plaintiff and the Defendant. The parties may be required to attend several Mediation sessions in order to achieve full settlement. The parties can attend the Mediation with their lawyers (if any).
If there is a settlement, the terms of the settlement will be recorded by the Mediator in a draft Decree of Court/Order of Court. The Plaintiff and the Defendant will then appear before a judge (called President). The husband will then pronounce the talak before the President if he had not already done so previously. The President will then confirm the divorce and the terms of the settlement with the Plaintiff and the Defendant and the divorce proceedings end here.
5. Pre-Trial Conferences
If there is no settlement at Mediation, the Plaintiff and the Defendant will be required to attend several Pre-Trial Conferences (PTCs) over the course of the next several months. At these PTCs, the Registrar of the Syariah Court will give instructions for affidavits (sworn or affirmed statements before a commissioner of oaths) and possibly other documents to be filed and for other things to be done in order to prepare the case for hearing.
6. Hearing
At the Hearing, the husband will be requested to pronounce the divorce (talak) if he has not already done , or the Court will rule on the validity of a previously pronounced talak. If the wife alleges that the husband has breached any written condition of marriage (taklik), or claims that her marriage is to be dissolved on the ground of fasakh, the Court will first determine whether there has been such a breach or whether the claim of Fasakh has been made out. The Court will then hear parties on the other issues and claims (Nafkah Iddah, Nafkah Mutaah, custody of children, division of matrimonial assets, etc.) and then deliver its judgment, either immediately or on another date. An order of court will then be issued and this order is a judgement that the matter has been concluded. The divorce proceedings end here.
If either party is dissatisfied with any of the orders made by the Court, he or she can appeal to the Appeal Board within 30 days from the date of the order.
7. Hakam Session and Furter Hearing
If at the hearing, the husband refuses to pronounce the divorce (talak) and the evidence does not show that he has breached any written condition of marriage (Taklik), or the marriage cannot be dissolved on the ground of Fasakh, the Court may order the appointment of 2 Arbitrators (Hakams) to decide on the issue of divorce. The case will then be adjourned for a Hakam session and a Further Hearing. After the Hakam session, the Court will hear the report of the Arbitrators on the issue of divorce.
If the Hakams cannot effect a reconciliation, and the husband continues to refuse to pronounce the talak, or the marriage cannot be dissolved by any other means (khuluk or talak tafweed), the Hakams are empowered to divorce the parties by Talak Wajib. After hearing the parties on the other issues and claims, the Court will deliver its judgment. The divorce proceedings end here.
If either party is dissatisfied with any of the orders made by the Court, he or she can appeal to the Appeal Board within 30 days from the date of the order.
Note: Further Hearings may also be scheduled to await receipt of a custody evaluation report or for other reasons as directed by the Court.
In a Syariah Law divorce, as the Syariah court does not give out maintenance orders to the wives, the wives rely on the two financial provisions under Syariah Law. That is:
*Mutaah
Mutaah refers to a consolatory gift from the husband to the wife representing their appreciation for their efforts during the time of marriage.
*Nafkah iddah
Nafkah Iddah refers to maintenance paid from the husbund to the wife for the period of Iddah (period of waiting) when a wife is revocably divorced
A Guide to The Divorce Process at The Syariah Court Singapore
“Divorce does not only affect you but also your Loved ones especially your Children”
Our advice is to use SR & Co for dealing with your matter and we will strictly comply with the step by step process in dealing with your matter in the following manner:
Step divorce proceedings / File originating summons
1. Submit a Registration From
You must submit registration form to file case at the Syariah Court Singapore.
• Download registration form which available at www.syariahcourt.gov.sg
• Fill the form
• Attach copies of the following support documents required:
Marriage certificate
Children’s birth certificate/NRICs
Your NRIC
• Send the particulars to syariah court office or by E-filing
Syariah Court,
Family Link @Lengkok Bahru
8 Lengkok Bahru #03-01
Singapore 159052
Or semd via email.
Note:
Your registration form will be returned to you if:
- You fail to complete the registration form or,
- You fail to attach all the supporting documents
2. Registration Form is Processed
Complete registration form will be processed by syariah court. Thereafter, you and your spouse will be required to attend counselling. Can refer both of you to appointed counselling agency
3. Issuance Of Divorce Originating Summons
The divorce Originating Summons must be filed within 6 months from the date of the final counselling session if counselling is unsuccessful. The required forms can be downloaded from the Syariah Court’s website.
4. Mediation
Marriage counselling programme help applicant:
- Discuss your marriage in safe and neutral setting
- Make informed decision on the future of your marriage
- Understand the impact of divorce on your children and how to act in their best interest
The role of the Mediator is to facilitate a settlement of all the issues between the Plaintiff and the Defendant. The parties may be required to attend several Mediation sessions in order to achieve full settlement. The parties can attend the Mediation with their lawyers (if any).
If there is a settlement, the terms of the settlement will be recorded by the Mediator in a draft Decree of Court/Order of Court. The Plaintiff and the Defendant will then appear before a judge (called President). The husband will then pronounce the talak before the President if he had not already done so previously. The President will then confirm the divorce and the terms of the settlement with the Plaintiff and the Defendant and the divorce proceedings end here.
5. Pre-Trial Conferences
If there is no settlement at Mediation, the Plaintiff and the Defendant will be required to attend several Pre-Trial Conferences (PTCs) over the course of the next several months. At these PTCs, the Registrar of the Syariah Court will give instructions for affidavits (sworn or affirmed statements before a commissioner of oaths) and possibly other documents to be filed and for other things to be done in order to prepare the case for hearing.
6. Hearing
At the Hearing, the husband will be requested to pronounce the divorce (talak) if he has not already done , or the Court will rule on the validity of a previously pronounced talak. If the wife alleges that the husband has breached any written condition of marriage (taklik), or claims that her marriage is to be dissolved on the ground of fasakh, the Court will first determine whether there has been such a breach or whether the claim of Fasakh has been made out. The Court will then hear parties on the other issues and claims (Nafkah Iddah, Nafkah Mutaah, custody of children, division of matrimonial assets, etc.) and then deliver its judgment, either immediately or on another date. An order of court will then be issued and this order is a judgement that the matter has been concluded. The divorce proceedings end here.
If either party is dissatisfied with any of the orders made by the Court, he or she can appeal to the Appeal Board within 30 days from the date of the order.
7. Hakam Session and Furter Hearing
If at the hearing, the husband refuses to pronounce the divorce (talak) and the evidence does not show that he has breached any written condition of marriage (Taklik), or the marriage cannot be dissolved on the ground of Fasakh, the Court may order the appointment of 2 Arbitrators (Hakams) to decide on the issue of divorce. The case will then be adjourned for a Hakam session and a Further Hearing. After the Hakam session, the Court will hear the report of the Arbitrators on the issue of divorce.
If the Hakams cannot effect a reconciliation, and the husband continues to refuse to pronounce the talak, or the marriage cannot be dissolved by any other means (khuluk or talak tafweed), the Hakams are empowered to divorce the parties by Talak Wajib. After hearing the parties on the other issues and claims, the Court will deliver its judgment. The divorce proceedings end here.
If either party is dissatisfied with any of the orders made by the Court, he or she can appeal to the Appeal Board within 30 days from the date of the order.
Note: Further Hearings may also be scheduled to await receipt of a custody evaluation report or for other reasons as directed by the Court.
Personal Protection Order (PPO)
A spouse or any person with a relative who experience violence, harassment, threats can apply for a Personal Protection Order (PPO). It is not necessary that a person needs to be physically injured, however, if the person is in fear of being injured, threatened or harassed to be injured, the victim can apply for an order (PPO).
A victim can seek the Family Justice Court to file a complaint with a lawyer or without one.
A sworn statement (Affidavit) sworn/affirmed with the statement and with the Statement filed in court, the Family Court with statement will be given to the other alleged violent person. A date will be fixed for the accused person to appear before the Family Court. Meanwhile, if it is serious and imminent danger posed to the victim the matter will be expeditiously handled on the given date, the alleged accused person must appear in Court and if not, a warrant of arrest will be issued for the accused person to appear in Court.
On the set date, parties will be ordered to attend counselling and mediation before an officer of the Court who is the counsellor/and or mediators, if not agreed the matter will proceed to the Court. If the alleged accused person, either he or she could engage a Lawyer or seek to act in person. If a Personal Protection Order is given against the accused person, it will be a criminal offence if the accused person indulges in any criminal action against the victim.
A victim can seek the Family Justice Court to file a complaint with a lawyer or without one.
A sworn statement (Affidavit) sworn/affirmed with the statement and with the Statement filed in court, the Family Court with statement will be given to the other alleged violent person. A date will be fixed for the accused person to appear before the Family Court. Meanwhile, if it is serious and imminent danger posed to the victim the matter will be expeditiously handled on the given date, the alleged accused person must appear in Court and if not, a warrant of arrest will be issued for the accused person to appear in Court.
On the set date, parties will be ordered to attend counselling and mediation before an officer of the Court who is the counsellor/and or mediators, if not agreed the matter will proceed to the Court. If the alleged accused person, either he or she could engage a Lawyer or seek to act in person. If a Personal Protection Order is given against the accused person, it will be a criminal offence if the accused person indulges in any criminal action against the victim.
Maintenance is the provision of support (financial in nature) for wives, children or incapacitated person.
Some examples of common maintenance orders include:
• Fixed monthly payments.
• Reimbursement (repayment) of specific expenses, either in full or in part.
• Direct payment of expenses to a service provider (such as a childcare centre or utilities provider).
Maintenance may also be backdated at the court’s discretion.
Types of maintenance applications in the Family Justice Courts
You can apply in the Family Justice Courts for:
• A fresh maintenance order for a spouse, child or incapacitated person.
If you are in a Muslim marriage, you can apply for maintenance from a spouse or for your child in the Family Justic Court in accordance with the Women’s Charter.
• Enforcement of an existing maintenance order made by the Family Justice Courts for a spouse, ex-spouse, or child.
• Enforcement of a maintenance order, nafkah iddah or mutaah made by the Syariah Court.
• Enforcement of an order made by the Tribunal for the Maintenance of Parents.
• An order to vary (change) or revoke (cancel) an order made by the Family Justice Courts.
Some examples of common maintenance orders include:
• Fixed monthly payments.
• Reimbursement (repayment) of specific expenses, either in full or in part.
• Direct payment of expenses to a service provider (such as a childcare centre or utilities provider).
Maintenance may also be backdated at the court’s discretion.
Types of maintenance applications in the Family Justice Courts
You can apply in the Family Justice Courts for:
• A fresh maintenance order for a spouse, child or incapacitated person.
If you are in a Muslim marriage, you can apply for maintenance from a spouse or for your child in the Family Justic Court in accordance with the Women’s Charter.
• Enforcement of an existing maintenance order made by the Family Justice Courts for a spouse, ex-spouse, or child.
• Enforcement of a maintenance order, nafkah iddah or mutaah made by the Syariah Court.
• Enforcement of an order made by the Tribunal for the Maintenance of Parents.
• An order to vary (change) or revoke (cancel) an order made by the Family Justice Courts.
A party can vary the order if there is a material change in circumstances, and the syariah court is satisfied that there is a change in circumstances which is material and the order of the court can be varied. A new application by summons and affidavit needs to be filed and the other party must be served with the court documents.
Enforcement (Committal Proceeding)
The enforcement of Syariah Court orders on maintenance (Nafkah iddah and Nafkah Muta’ah), or custody, care or control or access, is made in the Family Justice Courts. Parties may lodge a Magistrate’s Complaint for any such breaches of the Court order under section 53 of the Administration of Muslim Law Act 1966. For Committals rule in the matter of rule 759 of the Family Justice Rules 2014 (S813/2014) and In the matter of section 51 & 52 of the Administration of Muslim Act 1966.
If a Court Order issued by the Syariah Court contains a proxy power clause allowing the Court to sign, on behalf of a defaulting party, documents to sell or transfer the matrimonial property, enforcement of the clause is made by filing a Request to the Court Registry.
If a Court Order issued by the Syariah Court contains a proxy power clause allowing the Court to sign, on behalf of a defaulting party, documents to sell or transfer the matrimonial property, enforcement of the clause is made by filing a Request to the Court Registry.
Contact Us Today
Specialized lawyers are standing by to assist you. no cost for our first consultation.
Call us for quick help!
+6585507137
Syariah Law in Singapore
SR & Co has been involved in Syariah matters for twenty two years. We are very comprehensive in our dealings with Syariah matters, acting for either the husband or the wife. In terms of maintenance for the children, interim maintenance even for the wife until the matter is concluded. Our Syariah law firm prominent in dealing with syariah matters can undertake such work. Our firm will thoroughly deal in detail together with the experienced team. The main issues dealing with the children and ancillary matters which is the division of properties with Mutaah and Iddah will be given the best attention for the best interest of the clients. The firm will protect the children or any spouses from verbal or physical abuse in the Family Justice Court, taking up Personal Protection Order and Exclusion Orders.
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Payment Nafkah Muta'ah
Payment Nafkah Mutaah
Upon divorce, the husband must pay Mutaah (a consolatory gift) to his wife.
Read MoreUpon divorce, the husband must pay Mutaah (a consolatory gift) to his wife.
Disclaimer : Kindly be informed that SR & Co will not be held responsible for the content and law given in this website. This information is based on our understanding of the syariah law in Singapore. We will take no responsibility in the content given in this website, and do not take this as an advice in your case. We strongly recommend to seek legal advice if to proceed with your divorce matter. We will be most grateful to give advice if to proceed further.
Kindly be informed.
SR & Co is Solomon Richard & Co
UEN : 53348446D
Kindly be informed.
SR & Co is Solomon Richard & Co
UEN : 53348446D