Syariah Lawyer In Singapore

Divorce is rarely decided on a whim. It can typically take months of careful consideration or serious breakdowns in a relationship to reach a point where both parties feel that ending their marriage is necessary.

Despite the fact that the union is deemed to be sacred in Muslim culture, the Syariah Court (also known as the Shariah Court) has created a simple and straight-forward process that promotes fairness, efficiency and a positive attitude towards helping individuals to get the support they need.

What’s the general process of syariah divorce in Singapore?

Here’s a quick breakdown of this legal procedure:

Frequently Asked Questions

What documents will the lawyer need to apply for a Muslim divorce?

Here are a few examples of the main documents that you’ll need when you apply for a divorce in Syariah:

  • Affidavit of Evidence in Chief
  • Originating Summons
  • Case statement (if you’re applying for a divorce) or Memorandum of Defence (if you’re responding to your partner’s divorce application)

What type of evidence is allowed in the Syariah court in Singapore?

There are a number of things that can be used as evidence to prove your case – although it’s worth remembering that anything outside of your own written statements, such as messages, need to be deemed as unbiased.

Evidence, presented to the syariah court is a broad term and can include public documents, pictures, medical reports and school records, as well any written agreements between the two parties.

Can a father get custody over a child born out of wedlock?

Despite the fact that many people believe that care and control will automatically go to the mother if the child is born out of wedlock, this isn’t always the case. The main priority is the welfare of the child, and if a father can show that he is a better caregiver than the mother, he may get custody.

How can a Muslim couple be divorced?

There are 4 methods in which a Muslim couple can end their marriage. In the first, Muslim men hold the power of talak, meaning that the husband doesn’t need to declare a reason to file for and proceed with a divorce. Women on the other hand can only initiate via:

  • Taklik – A breach of a condition that’s agreed upon during the nikah
  • Khuluk – A wife’s formal request to be separated from the husband
  • Fasakh – Certain conditions that can negate the marriage, from impotency to abuse

What is it like for the wife?

While a divorce can be a complex and daunting process for all involved, there are often greater concerns for a woman if she wants to end her marriage. From being scared of losing her home and children, to not being able to declare a talak to start divorce proceedings; it can certainly be more difficult for wives than husbands.

How necessary is counselling?

As mentioned earlier, counselling is a mandatory part of the divorce process, although parties will need to arrange appointments on their own. In some instances, you may even need to attend multiple counselling sessions if relations are significantly damaged.

How would a lawyer help in dealing with ancillary matters in Syariah divorce?

There are several ancillary matters which will need to be addressed during the process, including but not limited to; the division of matrimonial assets, outstanding mas kahwin (where the husband owes the wife money or assets), and child custody.

What you do if the syariah lawyer didn't produce the desired outcome?

Sometimes, things just don’t go as anticipated. If this happens, either party can appeal the decision to the MUIS Appeal Board. Additionally, items can be changed on the existing Court Order, often due to new circumstances, via a Variation of the Court Order.

What’s the general process that a syariah lawyer will take me through in Singapore?

If you’re unfamiliar with the process, or simply want some expertise on your side, it can be well worth hiring a professional lawyer to assist you. Remember that reliability and familiarity with Syariah law will be essential in these cases.