- The Syariah Court hears divorces where both parties are Muslims or were married under Muslim law.
- You must register for and attend the Marriage Counselling Programme before filing for divorce.
- The main forms of divorce are talak, cerai taklik, khuluk and fasakh. Hakam may be appointed where spouses cannot agree.
- The Syariah Court can order nafkah iddah and mutaah and divide matrimonial property, including the HDB flat.
- Child maintenance is decided by the Family Justice Courts, not the Syariah Court.
Who this applies to
The Syariah Court deals with divorce where all parties are Muslims or where the couple were married under Muslim law. The governing law is the Administration of Muslim Law Act (AMLA). In these cases you cannot file a civil divorce under the Women's Charter instead.
The court can hear the case if either spouse is domiciled in Singapore, or has been habitually resident here for at least three years before the case starts. A Singapore citizen is presumed to be domiciled here unless shown otherwise.
Counselling comes first
Before filing for divorce, the spouse who wants to proceed must register for the Marriage Counselling Programme through the Syariah Court's online portal, and both spouses are expected to attend. Sessions take place at community agencies appointed by the court, and the counsellor decides how many sessions are needed. The aim is to explore reconciliation and help the couple understand the effect of divorce.
If you have a child below 21 and decide to go ahead, the counsellor will also take you through a Parenting Programme on co-parenting and care arrangements.
Once counselling ends and one or both spouses still want a divorce, the applicant receives a case reference for filing. The divorce papers must then be filed within six months of the last counselling session, or the case is closed.
Filing, mediation and hearing
The spouse starting the case files an Originating Summons for Divorce and supporting documents through the portal, including parenting and matrimonial property plans where relevant, and serves them on the other spouse, who files a defence and their own plans.
Mediation at the Syariah Court is compulsory. If the couple settle everything, the terms are recorded as a consent order and the case ends. If not, the case goes to a pre-trial conference, where directions are given for further documents, and then to a hearing before a President of the Syariah Court.
The court's decision is set out in a decree. The divorce certificate is issued once the wife's iddah period has ended.
The main forms of Muslim divorce
Which route applies depends on who is seeking the divorce, whether the other spouse agrees and what can be proved.
- Talak: a divorce pronounced by the husband. A talak said outside court does not simply end the matter. The couple are generally required to attend the Syariah Court within seven days, and the court decides whether the divorce is valid before it is registered.
- Cerai taklik: where the husband has breached a written condition (taklik) made at or after the marriage, the wife can ask the court to confirm the divorce.
- Khuluk: a divorce by redemption, where the wife gives compensation to the husband. The amount may be agreed or assessed by the court according to the parties' means.
- Fasakh: a dissolution ordered by the court on grounds set out in AMLA, such as failure to provide maintenance for three months, cruelty, or imprisonment of three years or more. The wife must prove the ground, and the husband's agreement is not needed.
- Hakam: where the spouses remain in conflict, the court may appoint two arbitrators, one for each side, who first try to reconcile them and may in some cases pronounce a divorce.
Ancillary matters
Alongside the divorce, the Syariah Court can make orders on several financial and family issues.
- Nafkah iddah: maintenance the husband pays the wife during the iddah waiting period. It is not payable in some cases, for example certain irrevocable divorces or a khuluk.
- Mutaah: a consolatory gift to the wife on divorce, usually worked out as a daily rate across the length of the marriage.
- Mas kahwin and hantaran belanja: any unpaid amounts agreed at the marriage can be claimed.
- Matrimonial property: the court divides property acquired during the marriage, including the HDB flat and CPF-related matters, looking at both financial and non-financial contributions.
- Children: the court decides custody, care and control and access, with the child's welfare in mind.
What the Syariah Court does not decide
Child maintenance is dealt with by the Family Justice Courts, not the Syariah Court. You can apply there before, during or after the Syariah Court case. If an order for nafkah iddah or mutaah made by the Syariah Court is not paid, enforcement is also through the Family Justice Courts.
Appeals
A party unhappy with a decision can appeal to the Appeal Board of the Majlis Ugama Islam Singapura (MUIS). The time limits are short: 14 days against a direction or order of a Registrar, and 30 days against a decision of a President of the Syariah Court.
Getting advice
Choosing the right form of divorce, preparing evidence and dealing with the ancillary matters can be difficult. Speaking with a lawyer who handles Syariah Court cases can help you understand where you stand.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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