Divorce Proceedings in Syariah Court

When it comes to divorce proceedings, the process is quite different in Syariah Court compared to in Family Court. There are several matters to consider and specific procedural rules to follow to ensure that your case runs smoothly. This article will tell you about these particular characteristics of divorce proceedings in Syariah Court to help you reach your desired outcome in the divorce process in the shortest time possible.

In the Syariah Court, the primary statute governing the divorce process is the Administration of Muslim Law Act or AMLA.

There are two other equally essential documents:

1. The Muslim Marriage and Divorce Rules (MMDR), which prescribes the various processes and procedures;
2. The Syariah Court Practice Directions 2018 (SCPD), which sets out the templates of the various forms used.

You can find these documents on the Singapore Statutes Online - Attorney General’s Chambers.

The Syariah Court applies Muslim law (Syariah law). When applicable, it also applies Malay customs in various issues typical in divorce proceedings – talak, nafkah iddah, mutaah, custody of children, etc.

Approved sources of Muslim law that the court needs to take into consideration when decision-making include:

• The Holy Quran;
• The sayings and practices of the Prophet (pbuh); and
• The majority opinion of Islamic scholars.

If a spouse wishes to apply for divorce in the Syariah Court, he or she must first submit a registration form that may be downloaded from the court's official website. Once the court accepts and processes the registration form, an approved counselling agency will contact both spouses so they can undergo mandatory counselling.

Some of the approved counselling agencies are:

• PPIS Family Service Centre (West) (65613462);
• Jamiyah Counselling Centre (67431211);
• Association of Muslim Professionals (64163960);
• National Helpline- Family Service Centre (1800 222 0000).

If the spouse who files the registration form (also known as the registrant) fails to attend the mandatory counselling, the case may be deemed closed. The spouses may not be able to continue with the divorce proceedings in the Syariah Court afterwards.

The mandatory counselling scheme primarily aims to assist the spouses in reconciling and saving the marriage.

If the parties cannot resolve their issues and feel the marriage cannot continue, the mandatory counselling scheme serves as a platform for the spouses to discuss and hopefully come to an understanding. If possible, the mandatory counselling scheme also aims to help the couple arrive at an agreement on the issue of child custody.

If, however, the spouses cannot reconcile, then the registrant commences divorce proceedings in the Syariah Court within six months from the date of the final counselling session. If the deadline is breached, a new registration form must be filed.

Divorce proceedings in the Syariah Court commence when the following documents are filed:

1. The Case Statement Form: Either spouse may file this document. The husband must file Form 7, while the wife must file Form 8. It must state, among other things, the reasons for filing the divorce application and his or her position on the issues of nafkah iddah, mutaah, division of marital assets, etc.
2. The plaintiff’s Proposed Parenting Plan: Form 12 is only required if a couple has minor children (below 21 years of age). This document contains a proposed maintenance plan for the children of the marriage, and covers matters pertaining to custody, care and control, and access.
3. The plaintiff’s Proposed Matrimonial Property Plan: The plaintiff must file this form if the marital home is not a Housing and Development Board (HDB) flat. Some information on the matrimonial home may also need to be filed on Form 14 through the Particulars of Housing Arrangement (PHA).

The plaintiff will also need to attach some other additional documents to these three forms. It is advisable to visit the Syariah Court’s website to properly comply with their checklist.

If you are the plaintiff who wishes to commence the divorce proceedings in the Syariah Court, you must file these three documents, together with the PHA (the original, plus two copies). The court will keep the original set and return the two copies to you. The other spouse (the defendant) will receive one copy, as well.

The Syariah Court will then issue a Court Attendance Notice to both the plaintiff and defendant, which indicates the specific date and time both parties are to attend mediation.

After the defendant receives the above-mentioned documents from the plaintiff, he or she must then file three documents:

1. Memorandum of Defence: The defendant must state, among other things, his or her response to the plaintiff’s position on the grounds of the divorce application and the issues of nafkah iddah, mutaah, division of marital assets, etc. The husband must file Form 17, while the wife must file Form 18.
2. The defendant’s Proposed Parenting Plan: Form 21 contains the defendant's proposed plan pertaining to maintenance of the children of the marriage, including custody, care and control, and access.
3. The defendant’s Proposed Matrimonial Property Plan: Form 23 lays out the defendant’s motion on the disposal and division of the marital home. Any additional information on the marital property must also be filed through the Particulars of Housing Arrangement (PHA).

The filing of additional documents may depend on whether the defendant accepts the plaintiff's proposals.

• If the defendant agrees with the plaintiff’s Proposed Parenting Plan, he or she must file the defendant’s agreement on Form 20.
• If the defendant agrees with the plaintiff’s Proposed Matrimonial Property Plan, he or she must file the defendant's agreement on Form 22.

Such as with the plaintiff, the defendant will also have to attach additional documentation to the above-mentioned documents. If you are the defendant, visit the Syariah Court’s website and see to it that you comply with their checklist.

The defendant must file three sets of the above-mentioned documents, including the PHA (the original, and two copies).The court will keep the original set and return the two copies to the defendant. The other spouse (the plaintiff) will receive one copy, as well. The defendant must file the documents and serve them to the plaintiff within 21 days after receiving the plaintiff's documents.

If the marital home is an HDB flat, the documentation differs depending on whether you are the plaintiff or the defendant.

1. If you are the plaintiff, tou must attach the Returned HDB Standard Query Form and the Returned Housing Guidance Form (RHGF) to the above-mentioned documents.
2. If you are the defendant, you only need to file the RHGF.

If the parties do not have minor children, both plaintiff and defendant must include the RHGF. You may download these forms from the Syariah Court’s website.

The mediator's role is to facilitate a settlement of all issues between the parties. The plaintiff and defendant may be required to attend several mediation sessions in order to arrive at a full settlement. The parties may attend mediation with their lawyers (if any).

If the parties agree and create a settlement, the mediator will record its terms in a draft Decree of Court/Order of Court. Afterwards, the parties will appear before a judge (known as president), where the husband will then pronounce the talak if he missed doing that previously. They will then confirm the divorce and the terms of the settlement, after which the divorce proceedings will come to an end.

If the parties are unable to settle at mediation, the plaintiff and defendant will attend several pre-trial conferences (PTCs) over the next several months. Pre-trial conferences are encounters where the Syariah Court registrar gives instructions on affidavits and other documents that the parties have to file, as well as other matters they need to address to prepare the case for hearing.

At the hearing, the president hears the plaintiff's and defendant's arguments (or their lawyers' arguments) on the various issues that have arisen. The president reads the documents and affidavits filed by the parties, and so there is no need for oral evidence to take at the hearing. Parties only provide evidence orally when the case is about a breach of taklik or fasakh.

The husband might be required to pronounce the talak at the hearing if he had not already done so previously.

After the hearing, the president decides on issues and announces it in open court where the plaintiff and the defendant are present.

Each party may be appointed a hakam. This will happen if the husband refuses to pronounce the talak at the hearing. The court will also appoint a hakam if the presented evidence does not indicate any of the other grounds of divorce set in motion (breach of taklik, fasakh, etc.).

The hakams' role is to facilitate a reconciliation between the plaintiff and defendant. If that is not possible, the hakams will facilitate the dissolution of the marriage where the husband will pronounce talak, khuluk or talak tafweed. In the event that none of these are applicable, the hakams may pronounce the talak, commonly known as talak wajib.

Once the marriage has been dissolved, the judge will decide on other issues.

If either of the parties are dissatisfied with the president's decisions on any of the issues, he or she may appeal against that decision. To appeal, they must file a Notice of Appeal (Form 53) with the Appeal Board. The appeal to the president's decision must be filed within 30 days from the date the decision has been made.

Three judges will hear the appeal, and the Majlis Ugama Islam Singapura has jurisdiction to hear the motion. After filing this motion, parties do not have the right to appeal further.

After the divorce proceedings, the plaintiff and defendant will receive the information on the venue and the date when they can collect the Decree of Court/Order of Court and the Divorce Certificate. Usually, the parties can receive the Decree of Court/Order of Court at the Syariah Court within one to two weeks of the hearing. The parties may have to wait longer for the Divorce Certificate, however, since it is usually ready after three months from the date of hearing if the divorce is a talak raji’e (revocable) divorce.