Handling your own syariah proceedings can and will make a bad situation worse.
As a lawyer handling an emotional situation, we will help you navigate the minefield of syariah legal proceedings.
Under Syariah (Muslim) Law in Singapore, you would need to have pronounced "talak" ("to divorce" or "to release") upon your wife. Ideally, this should have been done with two (2) male witnesses.
You may divorce your husband but you would need to prove at least one of the following:
- Fasakh; or
- Cerai Taklik; or
Fasakh is the annulment of marriage. In order to have your marriage annulled, you would need to prove to the court with at least one or more of the following:
- That your husband has failed to provide you with maintenance for at least three (3) months;
- That your husband has been sentenced to be jailed for a period of at least three (3) years;
- That your husband has failed to perform his marital obligations for a period of at least one (1) year;
- That your husband was impotent at the time of the marriage and is still impotent;
- That your husband is clinically diagnosed as insane or is suffering from a chronic disease, which makes it impossible to continue the relationship;
- If your husband treats you cruelly.
Cerai Taklik is when the Husband does not fulfil certain conditions. In Singapore, there is a standard list of taklik (conditions) found on the back of a Muslim marriage contract.
In order to obtain a divorce decree, you must be able to prove that your husband had breached one or more of these conditions.
Khuluk refers to the wife's right to seek a divorce from her husband. Typically, the wife requests that talak is pronounced upon her and the wife shall compensate her husband.
If your husband does not agree to have a khuluk divorce, the Syariah Court in Singapore may appoint a hakam for each party who will advise them accordingly.
It is important to take note that depending on the school of Muslim law that you follow you may or may not be able to apply for a divorce under this ground. As these grounds are extensive, it is best if you contact us for a free consultation so that we may advise you further.
We have listed below the typical process in a Syariah Divorce. However, there are cases that do not follow this due to the various applications that either party may apply for. The typical length of the divorce process in Singapore is between four (4) months to twelve (12) months.
- First, you would need to register your intention to divorce at the Syariah Court.
- You will need to go for a compulsory counselling session at the Syariah Court or a community vendor.
- If counselling fails, you will be allowed to proceed to file your divorce papers (Originating Summons) in Court.
- The Syariah Court will attempt to mediate the divorce between the parties.
- If Mediation fails, there will be a date set for a Pre-Trial Conference where the Court will direct parties to file their Affidavits and other documents.
- The Hearing, a Hakam may be appointed for each party if there is a dispute on the grounds of the divorce.
- If either party is unhappy or disagrees with the outcome of the hearing, an appeal can be filed at the Appeal Board at MUIS within 30 days.
When writing a Muslim Will (Wasiat), there are some rules that must be followed. They are as follows:
- The Testator (the person writing the Will) must have the mental capacity to do so.
- The Will must be signed before two (2) male Muslim witnesses.
- You may not make a Will in favour of someone who would be a beneficiary to your will under Faraid law. Only 1/3 of your assets may be given to non-beneficiaries (Ajnabi). i.e adopted children or a non-muslim relative/friend.
- Any gifts given in the Will must be consistent with the teachings of Islam.