Divorce and Related Matters

Section 35 of the Administration of Muslim Law Act sets out the Syariah Court’s jurisdiction on the disputes it can hear and determine, as well as the eligibility requirements for a party whose dispute may be heard by the Syariah Court. 

I. Type of disputes

• Marriage;
• Divorce known in the Muslim law as fasakh, cerai taklik, khuluk and talak;
• Betrothal, nullity of marriage or judicial separation;
• The disposition or division of property on divorce or nullification of marriage;
• The payment of emas kahwin, marriage expenses (hantaran belanja), maintenance and consolatory gifts or mutaah.

II. Eligibility requirements 

• All the parties to the action or proceedings are Muslims or the parties were married under the provisions of the Muslim law;
  AND
• Either party to the marriage:

• is domiciled in Singapore at the time that action or proceeding is commenced; or
• is habitually resident in Singapore for a period of at least 3 years immediately before that action or proceeding is commenced.

 

Section 35 of the Administration of Muslim Law Act

“(1)  The Court shall have jurisdiction throughout Singapore.

(2)  Subject to subsection (2A), the Court shall have jurisdiction to hear and determine all actions and proceedings in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law and which involve disputes relating to – 

• marriage;
• divorces known in the Muslim law as fasakh, cerai taklik, khuluk and talak;
• betrothal, nullity of marriage or judicial separation;
• the disposition or division of property on divorce or nullification of marriage; or
• the payment of emas kahwin, marriage expenses (hantaran belanja), maintenance and consolatory gifts or mutaah.

(2A)  Where any action or proceeding mentioned in subsection (2) is commenced on or after the date of commencement of section 5(b) of the Administration of Muslim Law (Amendment) Act 2017, the Court has jurisdiction under that subsection to hear and determine that action or proceeding only if either party to the marriage –

• is domiciled in Singapore at the time that action or proceeding is commenced; or
• is habitually resident in Singapore for a period of at least 3 years immediately before that action or proceeding is commenced.  

…..
(4) For the purposes of subsection (2A), a person who is a citizen of Singapore is presumed to be domiciled in Singapore, until the contrary is proved.“