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Marriage and Divorce Under Syariah Law in Singapore

Writer's picture: JG Law ChambersJG Law Chambers

Marriage and divorce are significant life events, and for Muslims in Singapore, these are governed by Syariah law under the Administration of Muslim Law Act (AMLA). The Syariah Court plays a central role in these processes.


Marriage Requirements


  • Eligibility: Both parties must be Muslim and meet the minimum age requirement of 18 (with exceptions allowed under AMLA).

  • Wali Consent: A bride's guardian (wali) must consent to the marriage.

  • Registration: Marriages must be registered with the Registry of Muslim Marriages (ROMM).


Divorce Proceedings


  • Types of Divorce:

    • Talaq: Pronouncement of divorce by the husband.

    • Khuluk: Divorce initiated by the wife with compensation to the husband.

    • Taklik: Divorce based on conditions stipulated during marriage.

  • Counseling: Mandatory marriage counseling is required before proceedings.

  • Waiting Period (Iddah): A period of approximately three months during which reconciliation is possible.


Financial Obligations


  • Nafkah Iddah: Maintenance provided to the wife during the iddah period.

  • Mutaah: A consolatory gift from the husband to the wife upon divorce.

  • Child Maintenance: Both parents are responsible for the financial support of their children.


Custody and Access


  • Custody (Hadhanah): Concerned with the child's daily care and control.

  • Access Rights: Non-custodial parent is entitled to reasonable access.


Conclusion


Navigating marriage and divorce under Syariah law requires understanding religious obligations and legal requirements. The Syariah Court and ROMM provide guidance and services to support the Muslim community in these matters.

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