SYARIAH LAW FIRM 🟊🟊🟊🟊🟊 SINGAPORE
Practice Area
Syariah Divorce
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.