Navigating Muslim Law in Singapore (2017)

First published in Singapore, 2017.

Syariah Law Forum Organising Committee National University of Singapore 469G Bukit Timah Road Singapore 259776 Published in conjunction with the inaugural Syariah Law Forum.

The Syariah Law Forum aims to be a platform for students and practitioners to engage with the history of Syariah law, learn about its application in Singapore, and contemplate its future developments.

All rights reserved. Š Syariah Law Organising Committee, 2017.

Except for quotations of short passages for the purposes of criticism and review, no part of this publication may be reproduced in any form or by any means, electronic or mechanical, including photocopying, recording or any information storage and retrieval system, without permission in writing from the Syariah Law Organising Committee.

Designed by Sarah and Schooling Printed by KHL Printing ISBN 978-981-11-3068-7

CONTENTS

Editors’ Note

1

Introduction: An Overarching Look

5

Glossary

11

History and Development of Muslim Law in Singapore

15

Jurisdiction of the Syariah Court

23

Procedures in the Syariah Court

31

Muslim Law: Principles and Substantive Law

39

A Comparison: Practising Muslim Law and Civil Law

49

Acknowledgments

55

Index

65

EDITORS’ NOTE

EDITORS’ NOTE

Navigating Muslim Law in Singapore and the Syariah Law Forum 2017 began as a quest by a few students to seek open discussion on legal matters that affect a considerable number of our peers, friends, and fellow Singaporeans. As our legal system adopts a unique approach to general and Muslim law, there exists a range of legal rules, procedures and principles which interplay with each other. Such intricacies and customs may not be visible to those unfamiliar to this. It is against such realities that this guidebook seeks to pierce the proverbial veil and deconstruct complexities, with the ultimate aim of navigating readers through the practice of syariah, as Muslim Family Law, in Singapore.

As our society progresses into an age of ever-changing legal jurisprudence, the Syariah Law Forum Organizing Committee (“the Committee”) believes that this is more apt a time than any to begin engaging a wider audience and connecting people who have real concerns, with those who have real experience. Syariah in Singapore will only see new developments in the coming years with the tabling of the Administration of Muslim Law Act Draft Amendment Bill and increased engagement by practitioners and students. It is in this journey that we hope that both this guidebook and Forum can be a part of.

At this juncture, the Committee would like to extend its heartfelt gratitude to all who have guided us through this planning process. We are blessed to have been awarded the Class of 1992 Pro Bono Award, and to be supported through our main sponsors I.R.B. Law LLP and Abdul Rahman Law Corporation. We would like to sincerely thank Assistant Professor Dr. Arif Jamal and Mr Ahmad Nizam for their valuable insights, guidance and patience as our Main Advisors. We are also immensely thankful for the support of the staff and faculty at the Faculty of Law, National University of Singapore – for their advice, support and more significantly, for giving us the space and opportunity to create this publication and execute the Forum.

The Committee is united by our common goal of raising awareness and sharing knowledge with others. It comprises students of different races, religions and creeds who have pledged their time and efforts to make this Forum and guidebook a reality – members of the Committee did not only rally behind their passion to

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academically engage with syariah, but also planted themselves in the Syariah Court as part of NUS Pro Bono Group’s Syariah Court Friends programme. To this end, the Committee hopes that our efforts in publishing this guidebook will ease your navigation of Muslim Law in Singapore as much as writing it has provided us with an invaluable learning experience.

Syariah Law Forum Organising Committee 2017

4

INTRODUCTION AN OVERARCHING LOOK

6

The civil courts enforce orders made by the Syariah Court.

The Appeal Board hears appeals from the Syariah Court. Its decisions are published in the Singapore Syariah Appeals Reports.

Civil courts include the High Court, the Family Justice Courts, and the State Courts.

Syariah Court

The Syariah Court administers Muslim law in Singapore. It deals mainly with marriage, divorce, and inheritance matters.

Registry of Muslim Marriages (ROMM) The ROMM registers and solemnizes Muslim marriages. It also processes applications

by Muslim men to marry more than one wife.

Decisions may be appealed

The Appeal Board is constituted by the President of MUIS.

Appeal Board

LEFT This diagram illustrates the relationship between pertinent bodies involved in the administration of Muslim law or affairs in Singapore. These bodies are: the civil courts, the Syariah Court, the Registry of Muslim Marriages, the Appeal Board, and Majlis Ugama Islam Singapura.

Civil Courts

Muslim law (AMLA s 32).

is a ruling on a question of

Fatwa Committee. A fatwa

Fatwas are issued by the

range of functions.

Singapore and has a broad

Muslim community in

after the interests of the

It is tasked with looking

Community and Youth.

the Ministry of Culture,

statutory body under

Singapore, MUIS is a

Religious Council of

Also known as the Islamic

Majlis Ugama Islam Singapura (MUIS)

N A V I G AT I N G M U S L I M L A W I N S I N G A P O R E INTRODUCTION: AN OVERARCHING LOOK

7

INTRODUCTION: AN OVERARCHING LOOK

N A V I G AT I N G M U S L I M L A W I N S I N G A P O R E

HOW TO USE THIS GUIDEBOOK This publication is meant to be an informative guide for readers to aid them in navigating Muslim law in Singapore. Each chapter is relatively self-contained and pertains to a specific aspect of Muslim law in Singapore.

In this guidebook, any reference to the civil courts of Singapore refers to the High Court, Family Justice Courts, and State Courts. In addition, any reference to Muslim law refers to Muslim family law, Muslim inheritance law, or both.

The contents of this guidebook are based on the state of affairs as of 30 April 2017. It is noted that amendments to the Administration of Muslim Law Act1 have been proposed in a draft amendment bill recently put out for public consultation.2 This guidebook is based on the state of affairs in Singapore prior to those proposed amendments.

T H E G U I D E B O O K AT A G L A N C E

Procedures in the Syariah Court This chapter will first go through the various stages of bringing a claim for divorce in the Syariah Court. Next, the chapter will elaborate on how to apply for an inheritance certificate for the purposes of an inheritance claim.

Muslim Law: Principles and Substantive Law This chapter will go through the relevant principles and laws governing the areas of marriage, divorce, and inheritance. It is not exhaustive and only aims to highlight significant principles and rules. It will also discuss the various sources of law from which these principles and rules are derived.

A Comparison: Practising Muslim Law and Civil Law This chapter offers a quick summary of the similarities and differences between Muslim law and civil law from a practical perspective. In doing so, it aims to contextualize the information provided in the preceding chapters against the wider framework of practising law in Singapore.

History and Development of Muslim Law in Singapore This chapter will go through the historical development of Muslim law—its early beginnings from the Prophet Muhammad, Peace Be Upon Him (pbuh), the development of various schools of thought, and their application in modern societies today. This sets the backdrop for the historical development of Muslim law in Singapore itself, beginning from its colonial history to the AMLA today.

Jurisdiction of the Syariah Court This chapter focuses on the duality in Singapore’s system of personal law. It describes the jurisdictional arrangements between the Syariah Court and the civil courts in areas pertaining to marriage, divorce, matters ancillary to divorce, and inheritance.

Administration of Muslim Law Act (Cap 3, 2009 Rev Ed Sing) (“AMLA”).

The draft bill may be found at the Minstry of Culture, Community and Youth’s website, at https:// www.mccy.gov.sg/~/media/MCCY-corp/Topics/Community/Files/AMLA_Consultation_Bill_14_ Mar_2017.ashx.

1 2

8

9

GLOSSARY

GLOSSARY

Quran

The religious text of Islam.

asatizah

A religious teacher.

emas kahwin

A customary gift from the groom to the bride.

faraid

Muslim inheritance law.

fasakh

A ground for divorce, where the husband breaches one of the marriage conditions contained in s 49 of AMLA.

hadith

Compilations of the Prophet Muhammad’s practices, pbuh.

hantaran belanja

A customary gift from the groom to the bride’s family for wedding expenses.

hakam

An arbitrator.

kadi

A judge; in the context of Singapore, he is an official appointed under s 91 of AMLA.

khuluk

A ground for divorce, where the wife pays a sum of money for the husband to divorce her. It is also known as divorce by redemption.

nafkah iddah

A sum to be paid by the husband to the wife for the period of

nafkah mutaah

Consolatory gift from the husband to wife pursuant to divorce.

rujuk

Reconciliation between husband and wife.

Sunna

The Prophet Muhammad’s practices, pbuh.

3 months and 10 days subsequent to their divorce.

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talak

A ground for divorce, referring to the husband evincing an intention to divorce the wife.

taklik

A ground for divorce, where the husband breaches a marriage condition contained in the marriage certificate.

wali

A person who is responsible for the bride’s life before she is married.

14

HISTORY AND DEVELOPMENT OF MUSLIM LAW IN SINGAPORE

N NA AV V II G GA AT T II N NG G M MU US S LL II M M LL A AW W II N N S S II N NG GA AP PO OR RE E

H I S T O R Y: D E V E L O P M E N T O F S YA R I A H L A W I N S I N G A P O R E

Reception of Muslim Law into Singapore

1826 Second Charter of Justice

1880 Mahomedan Marriage Ordinance

1957 Muslim Ordinance

BRITISH COLONIAL RULE

16

1966 AMLA

1999 AMLA Amendments

2009 AMLA Amendments

P O S T- I N D E P E N D E N C E

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ORIGINS AND DEVELOPMENT OF MUSLIM LAW The development of Muslim law may be understood in three ways. First, Muslim law finds its basis in the revelations to the Prophet Muhammad, pbuh. Second, this basis has been developed through juristic interpretation that has gradually evolved into overlapping but distinct schools of thought. Finally, Muslim law has been further developed by the particular regional or local context in which it is applied.

Origins—syariah The body of law now known as Muslim law finds its origin in divinely revealed messages to the Prophet Muhammad, pbuh.3 These revelations occurred over a period of 23 years, and are contained in the Quran. In addition to the text of the Quran, syariah has also been informed by the traditions (practices or examples) of the Prophet, known collectively as the Sunna. The acts and sayings of Prophet Muhammad’s were also recorded in what is known as the hadith.4 Therefore, syariah has been developed as a divinely inspired and morally infused path or way, but must not be conflated with substantive law per se.5 Development—fiqh The substantive law aspects of Muslim law (the rules; hukum (sing); akham (plural)) are a product of fiqh, which is the interpretation of syariah by Muslim jurists.6 These jurists were generally private scholars, with little affiliation to the caliphal regime.7 Muslim law therefore was largely jurist-made law.8

Bernard G. Weiss, The Spirit of Islamic Law (Georgia: University of George Press, 1998) at 17.

Azim Nanji, The Muslim Almanac (Michigan: Thomson Gale, 1996) at 270.

5 Weiss, supra note 3 at 17.

6 Azim Nanji, supra note 4 at 270.

7 Weiss, supra note 3 at 15.

8 Roy Parviz Mottahedeh, Lessons in Islamic Jurisprudence (London: Oneworld Publications, 2005) at 10.

3 4

18

HISTORY AND DEVELOPMENT OF MUSLIM LAW IN SINGAPORE

The underlying presumption of fiqh is that the law is not “sent down from heaven as a finished product” but is something which “human jurists must elaborate on the basis of textual sources”.9 Fiqh has therefore been described as “a process of understanding”.10 However, fiqh is not monolithic, but pluralistic,11 comprising various legal schools applying diverse interpretations and methodologies.12 These interpretations of syariah differed in various ways. For example, they differed on what they thought were the acceptable sources of law, or the approach to interpreting accepted sources of law.When subsequent movements sought to refine earlier movements, further differentiation occurred, leading to the emergence of new movements altogether.13 These differentiations eventually concretized into distinct schools of thought due to the doctrine of taqlid.This refers to an adherence to a particular jurist or school.

Each school subsequently developed its own set of basic principles of law, known as usul al-fiqh.14 Major schools of thought that emerged from this process of fiqh include the Hanafi, Maliki, Shafii, Hanbali, Ibadi, Ismaili, Jafari and Zaydi. Different schools of thought predominate in different parts of the world.15

Local development of Muslim law In many societies, Muslim law operated mainly in family law and personal status, rather than commercial law. As one author has noted, fiqh often followed the market in terms of commercial law.16

Weiss, supra note 3 at 2.

Wael B. Hallaq, “What is Shari’a?” (2005-2006) 12 Y.B. Islamic & Middle E. L. 151 at 168.

11 Ibid at 160.

12 Azim Nanji, supra note 4 at 269.

13 Ibid at 271.

14 Ibid at 272.

15 Ibid at 273.

16 Ibid.

9

10

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HISTORY AND DEVELOPMENT OF MUSLIM LAW IN SINGAPORE

Even in areas of personal and family law, Muslim law has also been influenced by local customs and practices.17 In Southeast Asia, one notable contribution to the development of Muslim law is Malay custom, known as adat. This has been given recognition in Singapore’s AMLA,18 where reference is made to Muslim law as modified by “Malay custom”.19

RECEPTION OF MUSLIM LAW INTO SINGAPORE

On the other hand, Muslim law in Singapore was also developed by statute. The first such statute was the 1880 Mahomedan Marriage Ordinance, which provided for separate rules pertaining to Muslim marriage registration and divorce. The legislation, representing the first official legislative recognition of Muslim personal law within the British colony,27 empowered the Governor of Singapore to appoint Islamic Judges (Kadis) to facilitate Islamic administration. Subsequently, the 1957 Muslim Ordinance went further to create the Syariah Court to adjudicate Muslim matrimonial disputes.

Colonial era

Post-independence era

Singapore’s official reception of Muslim law can be traced back to its British colonial roots. In the Second Charter of Justice of 1826, English law was introduced to Singapore insofar as it was applicable to Singapore’s circumstances, and subject to such modifications as those circumstances might require.20 This caveat allowed for the modification of English law based on local religious beliefs, custom and personal law.21 This legal regime now subsists under the Application of English Law Act22, specifically, s 3(2).23

After independence, Islam gained constitutional recognition through the enactment of Article 153 of the Singapore Constitution,28 which gives special recognition to Islam and the Muslim population of Singapore.

Subsequently, Muslim law in Singapore was developed both by judicial precedent and statute.24 One example of judicial development is Hawah v Daud.25 In that seminal case, the court refused to apply British common law but instead applied Muslim law by holding that married Muslim women could retain their capacity to hold property, unlike married women under British common law.26

Modern amendments

17

Ibid.

Supra note 1.

19 See s 35(3) and 112 of AMLA, ibid.

20 Shafeeg bin Salim Talib and another v Fatima bte Abud bin Talib and others, [2010] SGCA 11.

[2010] 2 SLR 1123 (CA) at [19].

21 Ahmad Nizam bin Abbas, The Islamic Legal System in Singapore (2012) 21:1 Pac. Rim L. & Pol’y J. 163 at 164.

22 Application of English Law Act (Cap 7A, 1994 Rev Ed Sing).

23 Shafeeg, supra note 20 at [20].

24 Supra note 21.

25 Hawah v Daud (1868) SLR Leic 253.

26 Ibid.

27

18

28

20

This was given concrete form in the enactment of AMLA in 1966. The AMLA delineated the powers of three key Muslim institutions in Singapore—MUIS, the ROMM, and the Syariah Court.

AMLA has undergone two legislative amendments since its inception in 1966. The first amendment in 1999 made decisions by the Syariah Court or the Appeal Board final and conclusive. This meant that they could not be challenged or appealed against in any court. This halted the common practice of filing applications to the High Court for orders on matters which had already been decided by the Syariah Court.29 Ibid at 165.

Constitution of the Republic of Singapore (1999 Rev Ed Sing), art 153.

29 Ahmad Nizam, supra note 21 at 184-185.

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The key focus of the 2009 amendments was on the enforcement of Syariah Court Orders in the Family Court. One interesting change was the termination of registration of marriages at the ROMM between a Muslim and a kittabiyah (a person of the book).30 This entrenched the prevailing position whereby marriages between non-Muslims and Muslims could not be done under the AMLA, and such marriages had to come under the Women’s Charter. The 2009 amendment also raised the minimum age of marriage from 16 to 18 to align the AMLA more closely with the Women’s Charter.31 It is noted that further amendments may be underway. At the time of writing this guidebook, the process of public consultation for the AMLA draft amendment bill had recently been concluded.

Conclusion A complete understanding of Muslim law today requires an understanding of its general history and development, as well as the history of its application in Singapore. Muslim law should not be seen as monolithic, but as a diverse system where various interpretations have emerged from the core concept of syariah.

This diversity is made even richer by the additional influence of culture on the application of Muslim law. Moreover, in modern day legal systems, statutory codification in some areas has played a significant role in further developing Muslim law, turning it from a general jurist-made law to a particular statutory law.

Ibid at 22.

Parliamentary Debates Singapore: Official Report, vol 85 at col 729 (17 November 2008) (Assoc.

Prof. Dr. Yaacob Ibrahim).

30 31

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J U R I S D I C T I O N O F T H E S YA R I A H C O U R T

J U R I S D I C T I O N O F T H E S YA R I A H C O U R T

INTRODUCTION – SECULAR LAW AND MUSLIM LAW There is a duality in Singapore’s system of personal law. Professor Leong Wai Kum describes this duality as such: there is a general law that applies to all Singaporeans, but with some special rights in Muslim law for Muslims as an exception.32 Generally, secular laws govern personal law. Exceptionally, some legislation specifically exempts Muslims from the operation of some or all of its provisions.

In Shafeeg,33 Chan Sek Keong CJ (as he then was) cited the Intestate Succession Act, Inheritance (Family Provision) Act, Legitimacy Act, and Women’s Charter34 as examples of such legislation.

On the other hand, some syariah norms apply only to Muslims. This is done by way of AMLA, which stipulates that syariah norms apply in areas such as marriage, dissolution of marriages and disposal of Muslim estates. These norms may be applied directly at the Syariah Court or administered by the High Court.35

S C O P E O F T H E A P P L I C AT I O N O F M U S L I M L A W From the foregoing, it can be concluded that the application of Muslim law in Singapore is limited in scope. First, this is because its administration is confined to specific aspects of Muslim law, which relate to personal law and family law. There is no uncertainty that Muslim law applies only to Muslims. A Muslim is a person who “professes the religion of Islam”.36

Leong Wai Kum, Elements of Family Law in Singapore, 2nd ed (Singapore: LexisNexis, 2013) at 706 and 714.

33 Shafeeg, supra note 20 34 Women’s Charter (Cap 353, 2009 Rev Ed Sing); Intestate Succession Act (Cap 146, 2013 Rev Ed Sing); Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed Sing); Legitimacy Act (Cap 162, 1985 Rev Ed Sing).

35 For example, laws relating to divorce are administered by the Syariah Court, but laws relating to inheritance are administered by the High Court with some assistance from the Syariah Court (see below).

36 AMLA, supra note 1, s 2.

32

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J U R I S D I C T I O N O F T H E S YA R I A H C O U R T

There are four main areas where Muslim law operates in Singapore: marriage, dissolution of marriage, matters ancillary to dissolution of marriage, and inheritance. In these areas, the extent of the Syariah Court’s jurisdiction also differs. In determining the boundaries of the Syariah Court’s jurisdiction in these areas, the relevant statutes are the AMLA,37 the Supreme Court of Judicature Act,38 and the Women’s Charter.39 A diagram of the jurisdiction and applicability of Muslim Law

Syariah Court

MARRIAGE – EXCLUSIVE JURISDICTION In Singapore, all Muslim marriages must be registered and solemnized at the ROMM. Marriages between two Muslims are regulated through the AMLA, s 89 et seq. The Women’s Charter prohibits solemnization of marriages under it where both parties are Muslims.40 This implies that if one of the parties is a Muslim, and the other is a non-Muslim, they may marry under Women’s Charter.41 However, if both parties subsequently become Muslim, they may re-marry under Muslim law.

Consequently, their marriage is governed by the AMLA.

Civil Courts

DIVORCES AND MARRIAGE DISPUTES – EXCLUSIVE JURISDICTION

Formation of marriage Dissolution of marriage Determining division of deceased’s estate

Matters ancillary to divorce (with some exceptions)

Distributing deceased’s estate

The Syariah Court has exclusive jurisdiction over the dissolution of Muslim marriages. In other words, all divorce proceedings between parties who are both Muslim or who were married under Muslim law must be adjudicated by the Syariah Court.42 The jurisdiction of the civil courts is excluded in this matter.

The Syariah Court’s exclusive jurisdiction also applies to issues relating to the core of the marriage. This includes disputes arising from betrothals, nullity of marriage, and judicial separation.43 Decisions and orders of the Syariah Court may be appealed to the Appeal Board,44 whose decisions are final. In respect of all orders of the Syariah Court or the Appeal Board, no judicial review will be granted in the High Court.45

AMLA, supra note 1.

Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed Sing) (“SCJA”).

39 Women’s Charter, supra note 34.

Women’s Charter, supra note 34, s 3(4).

Leong, supra note 32 at 38.

42 AMLA, supra note 1, s 35(1); SCJA, supra note 37, s 17A(1).

43 AMLA, supra note 1, s 35(2)(c).

44 Ibid, s 55(1).

45 Ibid, s 56A. See also Mohamed Yusoff bin Mohad Haniff v Umi Kalsom bte Abas [2010] SGHC 114.

[2010] 3 SLR 481 (HC).

37

40

38

41

26

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J U R I S D I C T I O N O F T H E S YA R I A H C O U R T

A N C I L L A R Y M AT T E R S – C O N C U R R E N T JURISDICTION

I N H E R I TA N C E – E X C L U S I V E J U R I S D I C T I O N I N D I F F E R E N T PA R T S O F P R O C E S S

Unlike in marriage and divorce, the Syariah Court shares concurrent jurisdiction with the civil courts in relation to matters ancillary to divorce: disposition of property, payment of unpaid emas kahwin, hantaran belanja, maintenance, and nafkah mutaah.46

The Syariah Court and the civil courts have exclusive jurisdiction in differing parts of the inheritance process.

Concurrent jurisdiction also applies in custody matters under the Guardianship of Infants Act47 and in matters relating to maintenance of the wife under s 69(1) of the Women’s Charter.48 Where the divorce is obtained overseas, parties to a Muslim marriage can avail themselves of s 4A of the Women’s Charter,49 which gives the civil courts the jurisdiction and power to order a division of the ancillary matters, including the matrimonial assets. This was held by the Court of Appeal in the recent case of TMO v TMP. 50 Further, the Court of Appeal held that s 3(2) of the Women’s Charter does not operate to exclude the High Court’s jurisdiction. This was with regard to the purpose of s 3(2) to avoid conflicts between the civil law and Muslim law where there is concurrent jurisdiction of the High Court and Syariah Court. Therefore, it does not apply where the Syariah Court has no jurisdiction over the matter, since there is no conflict.51

AMLA, supra note 1, s 35A; SCJA, supra note 37, s 17A(2). Emas kahwin refers to a gift from the groom symbolising new responsibility to proide for the bride’s needs. Hantaran belanja is a customary gift, separate from the emas kahwin, given to the bride’s family to conduct the walimah, which is the feast after solemnisation. Both may be recoverable in the divorce proceedings. Nafkah mutaah is a consolatory gift pursuant to the divorce, usually dependent on the number of days in the marriage.

47 Guardianship of Infants Act (Cap 122, 1985 Rev Ed Sing).

48 Women’s Charter, supra note 34.

49 Ibid.

50 TMO v TMP, [2017] SGCA 14. [2017] 1 SLR 585 (CA).

51 Ibid at [33].

46

28

The Syariah Court has jurisdiction to determine the division of a deceased Muslim person’s estate in accordance with Muslim law.52 Upon the request of the deceased’s estate, the Syariah Court will issue an inheritance certificate to guide the administrators or executors on the proper division of assets according to Muslim law.53 This inheritance certificate is required by the Public Trustee’s Office54 and the Family Justice Courts55 in granting probate or letters of administration.

However, if there is a dispute between parties, jurisdiction rests in the civil courts to adjudicate the dispute. In Re Will of Shaik Ahmad bin Abdullah Wahdain Basharahil,56 one set of litigants took out an application in the High Court to challenge the correctness of the Inheritance Certificate issued by the Syariah Court. On the issue as to how many wives and children the deceased actually had at the time of his death, the High Court heard evidence of witnesses and ultimately declined to accept the said Inheritance Certificate.

AMLA, supra note 1, s 111 and 112.

AMLA, supra note 1, s 115.

54 For further reference, see the list of documents required by the Public Trustee’s Office before administering the estate of a deceased Muslim, available at <https://www.mlaw.gov.sg/content/pto/ en/deceased-cpf-estate-monies/forms.html>.

55 Family Justice Courts Practice Directions, O 62 r 5.

56 Re Will of Shaik Ahmad bin Abdullah Wahdain Basharahil, [2002] SGHC 165. [2003] 1 SLR(R) 433 (HC) at [19].

52 53

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P R O C E D U R E S I N T H E S YA R I A H C O U R T

P R O C E D U R E S I N T H E S YA R I A H C O U R T

DIVORCE

Registration

Mediation

Pre-Trial

Hearing

Conference

Marriage

Counselling Session

Originating summons

Marriage Counselling Programme Parties are required to attend marriage counselling sessions before formal proceedings are instituted.

Objectives of the Marriage Counselling Programme: â&#x20AC;˘ To salvage marriages and effect reconciliation â&#x20AC;˘ If divorce is inevitable, to encourage early discussion on shared parenting (for parties with children below 21 years old) â&#x20AC;˘ To facilitate access to national resources Did You Know?57 The Syariah Court has counselled over 27,000 couples between 20042015. Out of this vast number of couples, more than 40% decided to remain married!

Parties may request for an asatizah, who is a resource person (typically a religious teacher who is listed under the Asatizah Recognition Scheme) to sit in for the counselling session to provide an Islamic perspective on marriage and divorce.

Originating Summons After counselling, if one party still wishes to proceed with the divorce, he/she must file his/her originating summons58 in the Court.

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Registration

Mediation

Pre-Trial

P R O C E D U R E S I N T H E S YA R I A H C O U R T

Hearing

Registration

Mediation

Conference

Conference

Marriage

Originating

Marriage

Originating

Counselling

summons

Counselling

summons

Session

Mediation: what happens at the mediation stage?59 • • •

Mediation may be conducted in English or Bahasa Melayu Parties may explore the possibility of an amicable divorce The parties may also agree on ancillary matters - Nafkah iddah (maintenance for wife during iddah period) - Nafkah mutaah (consolatory gift from the husband to the wife) - Hantaran (payment of wedding expenses) - Emas kahwin (payment of dower) - Central Provident Fund monies - Matrimonial home and assets - Custody of and access to children

Each session lasts about 60 minutes. If the Plaintiff is absent, the case will be closed.

If the Defendant is absent, the case will be fixed for a further mediation or Pre-Trial Conference (PTC). A PTC also follows in any case where the mediation is not successful and parties seek the Court’s directions on the conduct of the proceedings.60

(Source: http://www.straitstimes.com/singapore/call-for-more-male-marriage-counsellers) Muslim Marriage and Divorce Rules (Cap 3, R1, 2009 Rev Ed Sing), r 9.

59 Ibid, r 22.

60 For more information, see https://www.syariahcourt.gov.sg/Syariah/front-end/Default aspx?pid=M13#

Hearing

Session

Pre-Trial Conference (PTC) PTCs61 are conducted by the registrar of the Syariah Court. The objective of a PTC is to ensure that parties are adequately prepared for the hearing of the divorce application, including ancillary matters.

At the PTC, parties will be directed to file their Affidavit of Evidence-in-Chief and subsequently their Affidavit-in-Reply. Directions on various interlocutory matters are also given during the PTC. If a party has engaged a lawyer, the party himself/herself need not attend the session.

Hearing62 and Appeal Upon hearing the divorce application, the President of the Syariah Court will make orders regarding the terms of the divorce and ancillary matters, as the Court deems fit and just in the circumstances of the case.

The Court Order may be collected after 7 working days, and the Divorce Certificate may be collected after the iddah period (approximately 3 months).

Before collecting the Divorce Certificate, parties with children below 21 years old are required to attend the Parenting PACT Programme conducted by a Divorce Support Specialist Agency.

57

61

58

62

34

Pre-Trial

Muslim Marriage and Divorce Rules, supra note 58, r 22.

Ibid, r 23.

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N A V I G AT I N G M U S L I M L A W I N S I N G A P O R E

P R O C E D U R E S I N T H E S YA R I A H C O U R T

Parties who are dissatisfied with the Court’s decision may file an appeal to the Appeal Board (“the Board”) within 30 days of the order. The Board is constituted under s 55 of AMLA and situated at MUIS. On any appeal, the Board may confirm, reverse or vary the decision of the Syariah Court, exercise any such powers as the Syariah Court could have exercised, make such order as the Syariah Court ought to have made or order a retrial, or award costs if it thinks fit.63

In cases where a spouse cannot be personally served the originating summons, the party applying for divorce will be required to seek the Court’s leave to serve the originating summons by substituted service.64

What if couple decides to

Reconciliation If divorce has been effected, and parties decide to reconcile during the iddah period (rujuk)65 or to remarry after the iddah period (revocable divorce), the divorce must still be registered. If divorce has not been effected, the parties may withdraw the divorce application.66

reconcile?

Registration

Mediation

Pre-Trial

Hearing

Conference

What if the spouse is not present?

Marriage

Counselling Session

Originating summons

I N H E R I TA N C E Applicants for a Grants of Letters of Administration or a Grants of Probate in respect of an estate of a deceased Muslim are required to first obtain an Inheritance Certificate from the Syariah Court.

The application of the Inheritance Certificate is done online at the official website of the Syariah Court. There is also a User Guide available online for applicants to familiarize themselves with the application process.67 1. Undertaking

Considering Exceptional Circumstances The flowchart describes the typical divorce proceedings. In exceptional situations, further action may be required.

Applicant must be a qualified person/body (e.g. a beneficiary, or a law firm on behalf of the beneficiary) 2. Enter deceased’s details

Absence of Spouse A spouse may be uncontactable or unavailable for various reasons. For example, the spouse may be incarcerated or physically incapacitated. If so, he/she may be excused from attending the Marriage Counselling Programme.

63

See http://www.muis.gov.sg/Services/Appeal-Board/

Deceased’s identification type and number 3. Enter beneficiaries’ details Beneficiaries’ gender, names and identification numbers

Ibid, r 34.

For more information on the rules of relating to rujuk, see Chapter 3, “Syariah Law: Principles and Substantive Law”.

66 Ibid, r 18.

67 See https://www.syariahcourt.gov.sg/Syariah/front-end/Default.aspx?pid=M03.02.

64 65

36

37

N A V I G AT I N G M U S L I M L A W I N S I N G A P O R E

4. Request for certificate The names of valid beneficiaries will be set out in the Acknowledgment printout. Thereafter the Syariah Court may consider the application and issue its opinion.

The Inheritance Certificate must be collected in person after 3 working days. The following documents are required for verification:68 • Death Certificate of the Deceased • The NRIC or Passport of the applicant and beneficiaries • Proof of relationship between Deceased and the applicant and beneficiaries • Statutory Declaration

68

Ibid.

38

MUSLIM LAW P R I N C I P L E S A N D S U B S TA N T I V E L A W

M U S L I M L A W P R I N C I P L E S A N D S U B S TA N T I V E L A W

INTRODUCTION The Singapore legal system provides for a Muslim to be governed by Muslim law in certain areas of personal law. Specifically, these areas are marriage, divorce, and to a certain extent, inheritance.69 Having covered the Syariah Court’s jurisdiction in these three areas, this chapter will now cover the applicable law.

MUSLIM MARRIAGES Generally, a Muslim marriage can only be solemnised if both parties are above the age of 18 on the date of the marriage,70 though a kadi may in special circumstances solemnize the marriage of a girl who is below the age of 18 but has attained the age of puberty.71 If one party is above the age of 18 but below the age of 21, that party’s parents or legal guardian must give consent to the marriage.72 For all Muslim marriages, a wali must consent to the marriage.73 A wali is a person who is responsible for the bride’s life before she is married. No wali is needed if the bride is a Muslim convert and is the only convert in her family.74 Unlike the Women’s Charter which only allows monogamous marriages, AMLA permits a Muslim man to enter into a polygamous marriage and he can marry up to four wives at a time.75 In Rohaiyah binte Khamis v Kamaruddin bin Abdul Majeed,76 the Appeal Board observed that in determining whether a polygamous application ought to be allowed, the court should consider both the husband’s financial means to sustain another family, and whether under Islamic law, the husband would be in a position to be equitable to both wives.

AMLA, supra note 1, s 35(2).

Ibid, s 96(4).

71 Ibid, s 96(5).

72 See https://www.romm.gov.sg/about_marriage/romm_eligibility_16.asp.

73 Muslim Marriage and Divorce Rules, supra note 58, r 3(1)(b).

74 See https://www.romm.gov.sg/about_marriage/romm_eligibility_converts.asp.

75 AMLA, supra note 1, s 96(2).

76 Rohaiyah binte Khamis v Kamaruddin bin Abdul Majeed (Appeal Case No. 43 of 2014).

69 70

41

M U S L I M L A W P R I N C I P L E S A N D S U B S TA N T I V E L A W

N A V I G AT I N G M U S L I M L A W I N S I N G A P O R E

Additionally, the husband must currently have a good marriage life, and the lack of a good marriage life cannot be the reason for his deciding to take another wife.

The Muslim man must have specific reasons for polygamous marriage, such as benefits that his current marriage(s) cannot provide but which his new marriage can.77 The Kadi will consider the abovementioned factors and decide if he will approve the man’s application for another wife.

If parties reconcile after the iddah period, the wife must remarry the ex-husband.

Even so, a husband can only pronounce talak for a maximum of three times with the same wife.83 After three talaks have been pronounced, the wife will not be allowed to remarry her ex-husband unless there is an intervening marriage in between, which has been lawfully consummated and lawfully dissolved.84 In other words, the wife would have to lawfully marry and divorce another man before she can remarry her ex-husband.

MUSLIM DIVORCES

Khuluk Alternatively, if the wife is seeking a divorce, to which the husband does not agree, she may still obtain a divorce if her husband agrees to a divorce by redemption, also known as khuluk.85 This means that the Syariah Court will cause the husband to pronounce khuluk in exchange for the wife’s payment of money to the husband.

The amount of payment can be by agreement or by the Syariah Court’s assessment in accordance with the parties’ status and means.

Muslim divorces falling within the scope of the Syariah Court’s jurisdiction are governed by Muslim law.78 Under Muslim law in Singapore, there are four grounds for divorce: talak, fasakh, taklik and khuluk.

Talak First, the husband has the right to pronounce divorce without providing any reasons for divorce.79 This is unlike civil marriages, which require either party to a marriage to file a writ for divorce on the sole ground of irretrievable breakdown of the marriage.80 Once talak – the intention to divorce one’s wife – is pronounced, the Syariah Court will confirm if the pronouncement of talak is valid. If so, the Syariah Court may order a divorce.

Even after confirmation of the talak, parties may reconcile and remain married to each other if the husband retracts the talak during the iddah period.81 This is a period of 3 months and 10 days, collectively 3 menstrual cycles. During the iddah period, the divorced woman is not allowed to remarry.82 If reconciliation happens within iddah, the parties may pronounce rujuk. This means that their divorce will be annulled.

See https://www.romm.gov.sg/about_marriage/romm_polygyny.asp.

AMLA, supra note 1, s 35(2)(b). See also Chapter 2, “Jurisdiction of the Syariah Court”.

79 Noor Aisha Abdul Rahman, “Singapore’s Muslim Law versus Syariah Revivalism” (2016) 2016:36 ISEAS Perspective at 5.

80 Women’s Charter, supra note 34, s 95(3)(a)-(e).

81 See https://www.romm.gov.sg/about_marriage/romm_revocation_divorce.asp.

82 AMLA, supra note 1, s 97(1)(a).

77 78

42

Taklik and Fasakh Besides talak and khuluk, the wife may file for a divorce if the husband breaches certain marriage conditions. There are two types of marriage conditions.

The first type is taklik,86 which appears in the parties’ marriage certificate. The court will examine the taklik in the marriage certificate to decide whether a condition has been breached, and consequently, whether to order a divorce under Muslim law. For marriages contracted outside of Singapore, there may be other kinds of taklik or even no taklik at all. The burden is on the wife to prove that there has been a breach of taklik.

The second type of marriage conditions is fasakh, marriage conditions contained in s 49(1) of AMLA.87 The stipulated breaches include the neglect and failure to

Ibid, s 97(1)(c).

Ibid.

85 Ibid, s 47(4).

86 Ibid, s 48(1).

87 Ibid, s 49(1)(a)-(g).

83 84

43

M U S L I M L A W P R I N C I P L E S A N D S U B S TA N T I V E L A W

N A V I G AT I N G M U S L I M L A W I N S I N G A P O R E

provide maintenance for a period of three months; failure to perform marital obligations for one year; impotency of the husband at the time of marriage; and cruelty towards the wife. If any of these breaches occur, the wife may obtain a decree of fasakh allowing a divorce.

Hakam If the husband still refuses to consent to a divorce on the day of the divorce hearing or if the wife has not discharged her burden of proof to obtain a divorce, the court may direct the parties to appoint arbitrators, also known as hakam, to act for the husband and wife respectively.88 The appointment of hakam is made in order to effect a reconciliation between the parties.89 In the appointment of the hakam, the Court shall where possible give preference to close relatives of the parties who have knowledge of the circumstances of the case.90 If the parties are unable to reconcile, the hakam will recommend to the court that a divorce by talak be decreed.91 The hakam process is extremely valuable for women who cannot get a divorce under any of the four grounds for divorce: talak, fasakh, taklik and khuluk.92 Nafkah iddah Consequent to a divorce and during the period of iddah, the husband is required to pay the wife maintenance, known as nafkah iddah, and a consolatory gift, known as mutaah, regardless of the grounds for divorce.93 There is no fixed figure for the calculation of mutaah and the amount payable depends on the facts and circumstances of each case. In Singapore, mutaah is calculated by a fixed formula: a certain number of dollars per day multiplied by the number of days of the marriage.

M U S L I M I N H E R I TA N C E With respect to Muslim inheritance in Singapore, the Muslim law of inheritance (faraid) and to a certain extent, Malay custom, governs the estate distribution of a deceased Muslim person who was domiciled in Singapore at the time of death.94 Due to the complexity of faraid rules, this section will only identify some of its key features. It is also noted that this is an area of where there is a greater interplay between Muslim and secular law.

Where the deceased dies intestate, the civil law Intestate Succession Act95 does not apply and all of the estate will be distributed according to faraid,96 which pre-determines the share of the parents, spouse and children. When there are no faraid heirs altogether, the estate goes to BaitulMal, an institution that acts as trustee for Muslims.97 In drafting his or her will, a Muslim must ensure that it is in accordance with Muslim law. According to Muslim law, a will can only dispose of up to one-third of the estate in favour of non-faraid heirs.98 Wills disposing property otherwise are only valid if the rightful faraid heirs are agreeable to it.99 There may arise situations where the position in civil law comes into conflict with Muslim law. This has been observed when the courts must determine the extent of the deceasedâ&#x20AC;&#x2122;s estate in joint tenancy situations, as in Shafeeg.100 There, the wife and late husband registered their property as joint tenants. The issue was whether for testamentary purposes, a property held in joint tenancy formed part of the deceased husbandâ&#x20AC;&#x2122;s estate to the extent of his half share (and thus should pass under Syariah inheritance provisions) or if the wife became sole owner of the property under the right to survivorship (the position under the Land Titles Act)101, in which case the property does not form part of the estate.The Court of Appeal adopted the latter position.

Ibid, s 112(1).

Intestate Succession Act, supra note 34.

96 Ibid.

97 Ibid, s 58. See also http://www.muis.gov.sg/faraidh/Baitumal/about.html.

98 Shafeeg, supra note 20 at [23].

99 Mohamed Ismail bin Ibrahim and another v Mohammad Taha bin Ibrahim [2004] SGHC 210. [2004] 4 SLR(R) 756 (HC) at [33].

100 Shafeeg, supra note 20.

101 Land Titles Act (Cap 157, 2004 Rev Ed Sing).

88

94

89

95

Ahmad Nizam, supra note 21 at 180.

AMLA, supra note 1, s 50(5).

90 Ibid, s 50(2).

91 Ahmad Nizam, supra note 21 at 180-181.

92 Ibid at 181.

93 AMLA, supra note 1, s 51(2) and 52(2).

44

45

M U S L I M L A W P R I N C I P L E S A N D S U B S TA N T I V E L A W

N A V I G AT I N G M U S L I M L A W I N S I N G A P O R E

There have been recent fatwas in the last few years on joint tenancy, the Central Provident Fund, trusts, and insurance which signals a harmonization between Muslim law and civil laws, taking into account the realities of living in a secular system.The Singapore Fatwa Committee has endorsed the use of instruments such as nuzriah (making a vow to give part or all of one’s wealth before one’s death to another party) and hibah ruqba (a gift) to ensure that Muslims in Singapore are aware of the various options and alternatives available to manage their assets in a manner which allows them to comply with both Muslim law and the laws of the land.

SOURCES OF LAW In Singapore, the AMLA is the main source of authority in determining which and how Muslim laws apply. It is clearly spelled out in the AMLA that Muslim law applies to Muslims in areas of marriage, divorce, and inheritance.102

that the drafters expected the Syariah Court to follow Shafii interpretations.106 However, this is not explicit, possibly to allow for flexibility to follow other schools of interpretation where appropriate.107 The Syariah Court also recognises local custom as valid authority. As such, it may take into account common law cases, insofar as they are “consistent with Muslim law”.108 For example, the Appeal Board in Zaini bin Ibrahim v Rafidah binte A Rahman109 cited the Court of Appeal case of CX v CY110 opining that “the Muslim law on custody of children…[was] no different from that set out in CX v CY” in focusing on the best interests of the child.

The Syariah Court has also cited opinions from Malaysian Syariah Courts on issues relating to alimony and custody. For example, in Rosemawati binti Rafdi v Mohd Hisham bin Ibrahim, the Appeal Board cited the Syariah High Court of Malacca in applying “Islamic principles relating to the custody of children.”111

Although the AMLA clearly defines the boundaries of Muslim law in Singapore, it is relatively silent on which substantive interpretation of Muslim law to adopt.

It merely refers to the generic “Muslim law”, despite the many interpretations of Muslim law.103 In some areas, the AMLA specifies the substantive interpretation of Muslim law which should be followed. For example, it specifies the acceptable grounds for dissolution of a marriage under fasakh104 or the relevant books or sources of law to rely on in determining disputes on inheritance and succession.105 Outside of these areas, only the phrase “in accordance with Muslim law” is used.

The ambiguity about defining “Muslim law” is further exacerbated by the phrase ‘‘and modified…by Malay custom”. Since a majority of Muslims in Singapore are Sunni Muslims who subscribe to the Shafii school of thought, it could be inferred AMLA, supra note 1, s 35(2).

See Chapter 1, “History: Development of Syariah Law”.

104 AMLA, supra note 1, s 49(1).

105 Ibid, s. 114.

102 103

46

Ahmad Nizam, supra note 21 at 166.

Ibid.

108 Zaini bin Ibrahim v Rafidah binte A Rahman, Appeal Case No. 26/2006 [Zaini] at [38].

109 Ibid at [29].

110 CX v CY [2005] SGCA 37. [2005] 3 SLR 690 (CA).

111 Rosemawati binti Rafdi v Mohd Hisham bin Ibrahim, Appeal Case No. 15/2010 at [8] and [21].

106

107

47

A C O M PA R I S O N PRACTISING MUSLIM LAW AND CIVIL LAW

A C O M PA R I S O N P R A C T I S I N G M U S L I M L A W A N D C I V I L L A W

THE COURTS CIVIL COURTS

S YA R I A H C O U R T

Jurisdiction over civil marriages.

Jurisdiction over Muslim marriages.

It has the power to grant personal protection orders and applications for maintenance.

It has no power to grant personal protection orders or applications for maintenance.

It has powers of enforcement.

It does not have powers of enforcement.112

Sources of law and authorities

1. Legislation 2. Judicial precedents (local and foreign) 3. Academic scholarship

1. Legislation 2. Fatwas 3. Judicial precedents (local and foreign) 4. Academic scholarship 5. Local custom

Status of fatwas

Civil courts may seek fatwas when faced with a question of Muslim law. The civil courts generally abide by fatwas, but are not bound by them and may choose not to follow them.113

The Syariah Court is not strictly bound by fatwas although it is highly likely that it will be aligned with them.114

Jurisdiction and powers

AMLA, supra note 1, s 53.

Saniah bte Ali v Abdullah bin Ali [1990] SGHC 40. [1990] 1 SLR(R) 555 (HC) at [17], affirmed in Shafeeg, supra note 20 at [31].

114 Ahmad Nizam, supra note 21 at 170-171.

112 113

51

N A V I G AT I N G M U S L I M L A W I N S I N G A P O R E

A C O M PA R I S O N P R A C T I S I N G M U S L I M L A W A N D C I V I L L A W

P R A C T I C E - R E L AT E D I N F O R M AT I O N

M A R R I A G E , D I V O R C E A N D I N H E R I TA N C E

CIVIL COURTS

S YA R I A H C O U R T

Pre-requisites for practice

All lawyers who are advocates or solicitors of the Supreme Court of Singapore may practise in both courts.115

Appeals

Appeals are heard by the Family Division of the High Court.

Legal aid

116

52

Marriage

Appeals are heard by the Appeal Board.

Free legal counselling services are available, administered by Community Centres, Clubs and Community Development Councils.116

AMLA, supra note 1, s 39; Ahmad Nizam, supra note 21 at 181.

See https://www.syariahcourt.gov.sg/Syariah/front-end/Default.aspx?pid=M16.

S YA R I A H C O U R T

Civil marriages are Muslim marriages are registered and solemnized at registered and solemnized the Registry of Marriages.117 at the Registry of Muslim Marriages.118 The legality of a marriage in Muslim law is determined based on whether, in substance, it has conformed to the norms of Muslim law.119

Legal aid administered by the Legal Aid Bureau is available for proceedings in both courts.

Legal clinics are available, administered by the Law Society and various Community Development Centres.

115

CIVIL COURTS

Grounds for divorce

Irretrievable breakdown of marriage.120

Talak, khuluk, taklik or fasakh.121

Counselling

Although counselling is available, parties are not required to undergo counselling.122

Counselling is mandatory for both parties.123

Mediation

Although mediation is available, parties are not required to undergo mediation.124

Mediation is mandatory for both parties.125

Womenâ&#x20AC;&#x2122;s Charter, supra note 34, s 25.

AMLA, supra note 1, s 89.

119 Yeo Pei Chern v Isa Seow Zheng Xin alias Mohammed Isa Abdullah, (Appeal Case No. 23/2007); Ahmad Nizam, supra note 21 at 173.

120 Womenâ&#x20AC;&#x2122;s Charter, supra note 34, s 95.

121 AMLA, supra note 1, s 35.

122 Family Justice Rules 2014 (No. 27 of 2014), r 22(3)(a) and r 174(1)(b).

123 Muslim Marriage and Divorce Rules, supra note 58, r 25(2).

124 supra note 122, r 22(3)(a) and r 174(1)(a).

125 Muslim Marriage and Divorce Rules, supra note 58, r 22.

117 118

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I N H E R I TA N C E

Rules of testamentary disposition

CIVIL COURTS

S YA R I A H C O U R T

Where no will has been made, the deceasedâ&#x20AC;&#x2122;s estate will be distributed in accordance with the rules in the Intestate Succession Act.126

Where no will has been made, the deceasedâ&#x20AC;&#x2122;s estate will be distributed in accordance with the laws of faraid, subject to the AMLA.127

Where a will has been made, these rules will not apply.

Grants of Probate or Letters of Administration

ACKNOWLEDGEMENTS

District Court or High Court has jurisdiction to Grants of Probate or Letters of Administration.129

Where a will has been made, it is invalid to the extent that it is contrary to these rules.128 Syariah Court has no jurisdiction to Grants of Probate or Letters of Administration.130 Upon request, the Syariah Court will issue inheritance certificates to ensure that the distribution of the estate complies with faraid.131

Intestate Succession Act, supra note 34, s 7.

AMLA, supra note 1, s 112.

128 AMLA, supra note 1, s 111.

129 Probate and Administration Act (Cap 251, 1985 Rev Ed Sing), s 34, read with the SCJA, supra note 37, s 17.

130 Ahmad Nizam, supra note 21 at p.177 131 AMLA, supra note 1, s 115.

126 127

54

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ACKNOWLEDGEMENTS

A B D U L R A H M A N L A W C O R P O R AT I O N

NUS MUSLIM SOCIETY

ARLC was incorporated with limited liability on 9 April 2014. As a firm, ARLC is the

The National University of Singapore Muslim Society (NUSMS) was established in 1963 to

embodiment of the experience and practice built up by the Managing Director, Mr. Abdul

provide a platform for both undergraduates and graduates to engage in activities that serve

Rahman Bin Mohd Hanipah.

the Muslim community in campus and the nation in general.

The practice areas that have been developed at ARLC center on the needs of the community

NUSMS’ five strategic thrusts, which are social integration, religious development, academic

and the practice is driven largely by the clients that have known us, appointed us and

innovation, inter-religious understanding and community engagement, allow the society to

worked with us for a long period of time.

use these as a basis in engaging individuals through their events and activities. The society’s main function is to see to its members’ welfare and continuously provide an avenue for them

ARLC seeks to grow relationships with their clients and strives to empower them with

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the proper legal resources and the much needed legal knowledge for them to run their businesses and to manage their personal affairs effectively.

Some of the main highlights of events organised by NUSMS include Islam Awareness Series which aims to introduce Islam to the public masses in NUS, Valour which has youth

ARLC believes strongly in people, and our strongest asset in the firm would be the people

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ACKNOWLEDGEMENTS

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S YA R I A H L A W F O R U M

The NUS Pro Bono Group is a student-run organization dedicated to the promotion of

The Syariah Law Forum Organising Committee was formed in 2016 with the objective of

pro bono among law students in the Faculty of Law, National University of Singapore.

creating a platform for the discussion of syariah in Singapore. The team comprises of first

The group strongly believes that legal service is truly for the public good, and that it brings

and second year students at the Faculty of Law, National University of Singapore. With the

benefits to both the community and the volunteer. Thus, the group seeks to spread this

guidance of the faculty, partners and sponsors, the Committee conceptualized the forum

message to their peers by informing them about the pro bono movement in Singapore and

and identified specific issues pertaining to the practice of Muslim Family law. It is the

to involve them in pro bono service. Through a myriad of opportunities for law students

Committeeâ&#x20AC;&#x2122;s unified hope that such goals to engage in a conversation on syariah will be

to engage with pro bono work, the group aims to inspire these students to contribute their

shared and sustained by future students.

valuable legal skills to the Singaporean community during their time in law school and after entering the profession.

Under the guidance of their Faculty Advisor A/P Helena Whalen-Bridge, the NUS Pro Bono Group has grown from strength to strength, from about 50 students in 2007/2008, to over 230 members participating in their activities today. They have over 9 core projects, ranging from Legal Education to Research; and have conducted exchange trips with Asian universities to broaden their horizons on pro bono work in the region.

The NUS Pro Bono Groupâ&#x20AC;&#x2122;s efforts have been recognised by The Straits Times, Today newspaper, Lian He Zao Bao and Channel News Asia.

For more information, please visit nusprobono.com 60

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Associate Professor Helena Whalen-Bridge Syariah Court Singapore NUS Pro Bono Office STUDENT CONTRIBUTORS

Leanne Cheng Le En Prabu Devaraj Sheiffa Safi Shirbeeni Valerie Seet Benjamin Tan Zhi Xiong Sean Rafferty Thenadi Perry Peh Bing Xian 62

63

INDEX

CASES

Shafeeg bin Salim Talib and another v Fatima bte Abud bin Talib and others [2010] SGCA 11.

[2010] 2 SLR 1123.

Hawah v Daud (1868) SLR Leic 253.

MohamedYusoff bin Mohad Haniff v Umi Kalsom bte Abas,[2010] SGHC 114. [2010] 3 SLR 481.

TMO v TMP, [2017] SGCA 14. [2017] 1 SLR 585.

Re Will of Shaik Ahmad bin Abdullah Wahdain Basharahil [2002] SGHC 165. [2003] 1

SLR(R) 433.

Rohaiyah binte Khamis v Kamaruddin bin Abdul Majeed (Appeal Case No. 43 of 2014).

Mohamed Ismail bin Ibrahim and another v Mohammad Taha bin Ibrahim [2004] SGHC 210.

[2004] 4 SLR(R) 756.

Zaini bin Ibrahim v Rafidah binte A Rahman Appeal Case No. 26/2006.

CX v CY [2005] SGCA 37. [2005] 3 SLR 690.

Rosemawati binti Rafdi v Mohd Hisham bin Ibrahim Appeal Case No. 15/2010.

Saniah bte Ali v Abdullah bin Ali [1990] SGHC 40. [1990] 1 SLR(R) 555.

Yeo Pei Chern v Isa Seow Zheng Xin alias Mohammed Isa Abdullah (Appeal Case No. 23/2007).

LEGISLATION

Administration of Muslim Law Act (Cap 3, 2009 Rev Ed Sing).

Application of English Law Act (Cap 7A, 1994 Rev Ed Sing).

Constitution of the Republic of Singapore (1999 Rev Ed Sing), art 153.

Womenâ&#x20AC;&#x2122;s Charter (Cap 353, 2009 Rev Ed Sing).

Intestate Succession Act (Cap 146, 2013 Rev Ed Sing).

Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed Sing).

Legitimacy Act (Cap 162, 1985 Rev Ed Sing).

Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed Sing).

Guardianship of Infants Act (Cap 122, 1985 Rev Ed Sing).

Land Titles Act (Cap 157, 2004 Rev Ed Sing).

Probate and Administration Act (Cap 251, 1985 Rev Ed Sing).

SUBSIDIARY LEGISLATION/PRACTICE DIRECTIONS

Family Justice Courts Practice Directions Muslim Marriage and Divorce Rules (Cap 3, R1, 2009 Rev Ed Sing) Family Justice Rules 2014 (No. 27 of 2014) 65