SYARIAH LAW FIRM 🟊🟊🟊🟊🟊 SINGAPORE
Payment Nafkah Muta'ahPayment Nafkah Mutaah
Upon divorce, the husband must pay Mutaah (a consolatory gift) to his wife. The wife is entitle to Mutaah unless she waives her rights to it, of her own accord. It is husband’s obligation to offer her an amount whitin his mean.
Under section 52(2) of the AMLA , the Syariah Court is empowered to make an order for the payment of mutaah that is just and in accordance with the Muslim law, after hearing parties on the same. The Syariah Court’s jurisdiction to determine disputes relating to mutaah is grounded in section 53(2) of the AMLA. In the AMLA , this distinction is made clear in that the provision on maintenance is spelled out in section 51 whereas mutaah is specifically mentioned in section 52(3) (b) where it is defined as a consolatory gift. Although the 2009 AMLA amendment categorise the orders on nafkah Iddah and Mutaah as maintenance orders for the purpose of enforcement in the Family Justice Courts, one should be careful not to equate mutaah with maintenance. Nafkah Iddah is closer to the concept of wife maintenance in Civil Law, whereas mutaah is specifically defined under AMLA as consolatory gift.
Unlike the orders relating to the disposition or divisionof propertyon divorce or nullification, the AMLA does not provide guidance as to the relevant factors to be taken into account in the awarding of mutaah, however, case law shows that the quantum of mutaah payable is based on the following factors :
1. The length of marriage.
2. The husband’s financial status or means at the time of divorce ( not post-divorce).
3. The parties standards living during divorce, and
4. The husband’s capacity and capability to pay ( in this regard, the court would consider factors such as the age old the husband whether he is of advance age and/ or retired would be relevant)
In Appeal No 3 of 2021 ( unreported), however, the board expanded the factors to be considered for Mutaah, by mentioning the following as potentially relevant factors, namely:
i. The wife financially status
ii. The parties conduct such as any desertion or nuyuz on the wife’s part or any egregious spousal breaches such as desertion, infidelity, or refusal to maintain the wife on the husbund’s part
iii. Income earning capacity, property and other financial resources which is each of the parties has or is likely to have in the foreseeable future.
iv. The financial needs, obligation and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
v. The standard of living enjoyed by the parties before breakdown of the marriage
vi. The age of each party to the marriage and the duration of the marriage.
vii. The shares of the matrimonial property awarded to each party and
viii. Any fact that is relevant under the Muslim law
Reference from Muslim Family Law in Singapore
Read MoreUpon divorce, the husband must pay Mutaah (a consolatory gift) to his wife. The wife is entitle to Mutaah unless she waives her rights to it, of her own accord. It is husband’s obligation to offer her an amount whitin his mean.
Under section 52(2) of the AMLA , the Syariah Court is empowered to make an order for the payment of mutaah that is just and in accordance with the Muslim law, after hearing parties on the same. The Syariah Court’s jurisdiction to determine disputes relating to mutaah is grounded in section 53(2) of the AMLA. In the AMLA , this distinction is made clear in that the provision on maintenance is spelled out in section 51 whereas mutaah is specifically mentioned in section 52(3) (b) where it is defined as a consolatory gift. Although the 2009 AMLA amendment categorise the orders on nafkah Iddah and Mutaah as maintenance orders for the purpose of enforcement in the Family Justice Courts, one should be careful not to equate mutaah with maintenance. Nafkah Iddah is closer to the concept of wife maintenance in Civil Law, whereas mutaah is specifically defined under AMLA as consolatory gift.
Unlike the orders relating to the disposition or divisionof propertyon divorce or nullification, the AMLA does not provide guidance as to the relevant factors to be taken into account in the awarding of mutaah, however, case law shows that the quantum of mutaah payable is based on the following factors :
1. The length of marriage.
2. The husband’s financial status or means at the time of divorce ( not post-divorce).
3. The parties standards living during divorce, and
4. The husband’s capacity and capability to pay ( in this regard, the court would consider factors such as the age old the husband whether he is of advance age and/ or retired would be relevant)
In Appeal No 3 of 2021 ( unreported), however, the board expanded the factors to be considered for Mutaah, by mentioning the following as potentially relevant factors, namely:
i. The wife financially status
ii. The parties conduct such as any desertion or nuyuz on the wife’s part or any egregious spousal breaches such as desertion, infidelity, or refusal to maintain the wife on the husbund’s part
iii. Income earning capacity, property and other financial resources which is each of the parties has or is likely to have in the foreseeable future.
iv. The financial needs, obligation and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
v. The standard of living enjoyed by the parties before breakdown of the marriage
vi. The age of each party to the marriage and the duration of the marriage.
vii. The shares of the matrimonial property awarded to each party and
viii. Any fact that is relevant under the Muslim law
Reference from Muslim Family Law in Singapore