Divorce under Muslim Law
According to the religious teachings of Islam, Syariah law is not only considered an infallible law of God but is also regarded as a religious law that all Muslims should adhere to. It contains a list of ethical and moral codes that govern the fundamentals for mental, physical, and spiritual behaviors that all Muslim individuals must follow.
Syariah Court and Divorce Jurisdiction
The Syariah court has the jurisdiction to hear divorce applications, and there are certain grounds for the dissolution of a Muslim marriage. If a husband is seeking a Muslim divorce in Singapore, he does not necessarily need to have any grounds for the divorce. This is due to their right to pronounce a divorce or ‘talak,’ an Arabic term that loosely translates to ‘to release’ or ‘to divorce.’ It essentially means that the husband has the right to divorce his wife without having to prove anything.
Impact of Grounds-less Divorce for Husbands
However, a divorce pronounced without any grounds can affect the man in terms of the nafkah iddah and mutaah that the wife can receive from him. It may also affect his access to his children after the divorce. As of 22 October 2018, Muslim men have the option to apply for a Muslim divorce in Singapore as a plaintiff without the need to pronounce a talak.
Grounds for Divorce for Muslim Women
If the wife is applying for a divorce under Muslim law, she has three options for grounds for divorce:
- Khuluk
- Cerai taklik
- Fasakh
If the wife has the consent of her husband to divorce, the Court will order the husband to pronounce the divorce.
Khuluk (Divorce by Redemption)
Khuluk is defined as a divorce by redemption or compensation, referring to the wife’s right to seek a Muslim divorce in Singapore. In this case, the woman will be responsible for paying a sum of money as redemption or compensation upon the mutual agreement of both parties.
Cerai Taklik (Breach of Marriage Conditions)
Cerai taklik is a divorce that occurs due to a breach of the marriage conditions. In the wife’s application for the dissolution of marriage, she will be required to provide proof that her husband breached the taklik, which is a conditional marriage stipulation. These stipulations are generally listed on the Marriage Certificate and are cited by the husband at the time of contracting a marriage.
Fasakh (Annulment of Marriage)
Fasakh refers to the annulment of marriage, and under the Administration of Muslim Law Act (AMLA), there are specific conditions under which a fasakh can be granted, including:
- Ill-treatment: If the husband habitually assaults the wife or cohabitates with another woman who is not his wife.
- Estrangement: If the wife has been estranged from her husband without maintenance for over three months.
- Imprisonment: If the husband has been jailed for a period of three years or more, and his sentence is final.
- Impotency: If the husband has been impotent during their marriage and continues to be so.
- Insanity: If the husband is insane or suffering from a chronic condition that cannot be cured or takes a long time to treat, making the marriage harmful to the wife.
Divorce Procedures in Singapore
Upon filing for a Muslim divorce in Singapore, both parties will be required to undergo the following steps:
- Counseling: A mandatory session for both the husband and wife aimed at saving the marriage.
- Parenting Program: If the couple has a child under 21, both parties must attend this program.
- Mediation: To discuss the divorce and ancillary issues, including nafkah iddah, mutaah payments, child custody, and matrimonial property division.
- Pre-trial Conference: If mediation does not result in an agreement, the Syariah court will schedule a date to discuss divorce proceedings and outline what to expect during the trial.
- Trial: If both parties have Muslim divorce lawyers, they will attend the trial alongside their lawyers.
Appeals and Final Decisions
Once the Syariah court has made its decision regarding the divorce and ancillary matters, either party has the right to file an appeal with the Appeal Board within 30 days if they are dissatisfied with the verdict.
Conclusion: Seeking Legal Guidance
The decision to divorce is not easy, and it involves a complex legal process. Seeking expert guidance ensures a smooth and successful resolution, considering both legal and emotional needs. With nearly 28 years of experience, A. Rohim Noor Lila LLP can represent your interests and help make the divorce process as hassle-free as possible. Contact us to discuss how our leading Muslim divorce lawyers in Singapore can assist you.