Syariah Divorce

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We understand that divorce is a challenging decision. Our experienced legal team assists you through the Syariah Court procedures, guiding you on your legal rights and providing support throughout the process.

High Street Chambers focuses on providing efficient solutions, excellent client care, and high-quality work. We employ various dispute strategies to help achieve our client's objectives.

Syariah law encompasses regulations for physical, mental, and spiritual behaviour that every Muslim must adhere to. Our services cover intellectual property, family law, corporate advisory, real estate, civil litigation, restructuring, and insolvency, supported by a specialised team.

We provide legal assistance for Syariah regulation practices. With a Syariah divorce lawyer in Singapore who is multilingual, we can eliminate language barriers, and ensure a thorough understanding of your rights.

Grounds for Divorce in Syariah Law

Under Islamic law, a marriage might be broken up:

  • The spouse via way by khuluk, a.k.a redemption. 

  • The wife, in instances of talaq tafweed.

  • The Hakam a.k.a. arbitrator.

  • By the Court upon finding that the male partner had breached a written condition of taklik.

  • Fasakh, where the female partner is treated with physical acts of ill-treatment by the male partner, the wife has been alienated from her husband for over 90 days without the means for upkeep and sustenance, the husband has been associating with other females, the male partner has been residing with an unmarried lady, or has not been treating the wife equally among his other wives.

  • By the Court upon observing that the marriage is invalid under Islamic law.

Syariah Law Divorce Process

Filing the Originating Summons

Commence the divorce process by filing the originating summons, outlining prerequisites after completing the Marriage Counselling Programme.

Originating Summons to the Defendant

Serve the summons and necessary documents to the Defendant within a year from filing, requiring acknowledgement within 21 days.

Mediation Process

Mediation sessions aim to achieve agreements on separation and other divorce-related matters. If successful, the court approves the agreement; if not, a Pre-Trial Conference is scheduled.

Hearing and Pre-Trial Conference

The Deputy Registrar or Registrar guides in filing necessary documents, leading to a hearing if compliance with court rules is met.

Final Judgment by Court

The court makes a decision based on affidavits provided by both parties. If reconciliation fails, a hakam is appointed for resolution, finalising the divorce.

Frequently Asked Questions (FAQs)

  • As per the Syariah Law, divorce, the ground for separation relies upon both husband and wife. Assuming you were the husband, you do not necessarily require grounds to separate from your significant other. It is because Muslim men can give talaq, which means release or divorce, that can be pronounced thrice.

    Reconciliation is possible for the first two times but not probable once the third talaq has been pronounced. In case the wife wants to get a divorce, then as per Islamic law, they get three options. Those three options are Khuluk, Cerai Taklik, and Fasakh.

  • As per the Muslim Law Act, the Syariah Court has the ward to hear and settle disputes related to:

    ● Marriage.

    ● Separation in Muslim law.

    ● Nullity of marriage, judicial separation, or betrothal

    ● The division or disposition of property on nullification or separation of marriage.

    ● Matters related to dowry payment, marriage cost, consolatory gifts, or mutah.

  • After processing the registration form, which should take four to six weeks, the Syariah Court will schedule a time for the parties to attend marital counselling.

  • Having a Syariah divorce lawyer in Singapore will ensure that all of your enquiries are answered and that your rights and entitlements are safeguarded.