Knowledge Base

There are two recurring issues in divorce proceedings heard in the Syariah Court, which the court must determine. These are: The wife’s entitlement to Nafkah Iddah (or the husband’s obligation to pay it), and The wife’s entitlement to Mutaah (or the husband’s obligation to pay it). According to sections 35(2) and 52(3) of the Administration of Muslim Law Act (AMLS) (Cap. 3), the Syariah court has the power to order...

09/14/2020

What is Khuluk? The term Khuluk comes from Arabic, meaning literally to release, allow to leave, exonerate or set free. Khuluk, in the context of Muslim matrimonial law, refers to divorce by redemption, which is known in Malay as ‘tebus talak’. Under Muslim law, a wife can ask to be released or set free from the marital bonds that she has with her husband. If her husband does not consent...

09/14/2020

AMLA is an acronym for the Administration of Muslim Law Act in Singapore. Not to be confused with the Indian Gooseberry, AMLA is an acronym for the Administration of Muslim Law Act and forms part of the Singapore legal system. It was first introduced by the Singapore government in 1966. AMLA covers functions and jurisdiction of three [3] Muslim institutions in Singapore, these are: The Islamic Religious Council of Singapore...

09/14/2020

This article explores inheritance under Muslim law, known as Faraid, which usually applies to a deceased Muslim’s assets. It also discusses the exceptions to the general applicability of Faraid. According to section 112 of the Administration of Muslim Law Act (Cap. 3) (known as AMLA), the assets of a deceased Muslim who was domiciled in Singapore when they died shall be distributed according to the principles of Muslim law and...

09/14/2020

In this article we will discuss the Hibah and the Muslim law rules which apply to it. Hibah can be translated simply as ‘gift’. If a Muslim wishes to give away something they own, or any amount of money, to someone else (a person or organisation such as a charity) then they may do so by immediately transferring the legal title and possession of the gift itself to the recipient...

09/14/2020

In this article, we will discuss the main rules which apply to the Muslim Will (Wasiat). A Will (Wasiat) is something that every Muslim is encouraged to leave behind. In verse 103 of Surah Al-Maidah (Chapter 5 of the Holy Quran) we find one of a number of divine commandments on Wills. Translated (by Yusuf Ali) this states: “O ye who believe! when death approaches any of you (take) witnesses...

09/14/2020

In this article, we discuss Muslim law in relation to child custody in divorces. We will explore what approach the Syariah Court will take when deciding on the issue of custody of minor children in divorce proceedings. In Singapore, the Syariah court has the legal power to hear and make decisions in divorce proceedings between spouses who are Muslim, where they were married in accordance with Muslim law (in other...

09/14/2020

In this article, we discuss the grounds for divorce and the legal consequences of divorcing under Muslim law. Abdul Aziz, Partner and Head of Muslim Law Practice at I.R.B Law LLP, explains the grounds of divorce in the Syariah Court. Grounds of Divorce According to Muslim law, a marriage can be dissolved in the following ways: Upon pronouncing a divorce (talak) by: The husband, by virtue of divorce by redemption...

09/14/2020

What is Fasakh? The term ‘fasakh’ in Arabic means to rescind or annul an agreement or bargain. Fasakh, in the context of Muslim matrimonial law, concerns the annulment (or rescinding) of marriage on permitted grounds, (i.e. permissible according to Muslim Law). A fasakh (or annulment) is brought about by an order of the Court. The Law in Singapore According to sections 49(1)(a) to (f) of the Administration of Muslim Law...

09/14/2020