OUR AREAS OF WORK INCLUDE:

• Syariah Court divorces and ancillary matters

• Enforcement of Syariah Court Orders in the Singapore Civil Court

• Appeals to the MUIS Appeal Board from decisions of the Syariah Court.

  
  We advise on Syariah Law and its applicability in Singapore, including marriages, divorces, inheritance and charitable trusts (wakafs).

  We have represented clients at both levels of the Syariah Court as well as the Appeal Board.

  We advise on probate and intestacy matters relating to Muslim estates and obtaining Grant of Probate /Letters of Administration.

BRIEF SUMMARY OF APPLICABILITY LAWS IN SINGAPORE

Muslims or persons who married under Islamic law are regulated by Syariah law, as varied by Malay custom, in the following areas: marriages; divorces known in the Muslim law as fasakh, cerai taklik, khuluk and talak; betrothal, nullity of marriage or judicial separation; the disposition or division of property on divorce or nullification of marriage; The payment of emas kahwin, marriage expenses (hantaran belanja), maintenance and consolatory gifts or mutaah.

The Syariah Court In Singapore, established in 1957, has exclusive jurisdiction to hear and try the above-mentioned matters.

Muslim parties may, however, go to the family court for the resolution of other disputes during the subsistence of the marriage, including disputes over: custody, care and control and access; maintenance of wife and children; personal protection orders.

APPLICABILITY OF FOREIGNERS

Muslim foreigners or foreigners who married under Syariah law in a foreign jurisdiction may also obtain a divorce in Singapore, subject to certain conditions.

Jurisdiction

Before the Syariah Court exercises its jurisdiction over the divorce application, it is necessary to obtain an “expert’s” opinion that the said marriage is valid according to Muslim law. Once jurisdiction is assumed, the Syariah Court may make similar orders in relation to foreigners in the same way it makes orders in relation to locals. In other words, the Syariah Court may decide on the nafkah eddah, mutaah, children issues and the division of matrimonial assets, including matrimonial assets situated outside Singapore.