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| FAQs: Muslim Marriages |
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Yes. You may choose to file a Magistrate’s Complaint for breach of the order under sections 51 or 52 of the Administration of Muslim Law Act, or to have the Syariah Court order registered as a judgment of a District Court under section 53 of the Administration of Muslim Law Act.
For more information on the application procedure, please see the Enforcement of Syariah Court Orders page in the Processes and Procedures section of this website. |
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That depends.
If there are no divorce proceedings involving yourself and the other party in the Syariah Court, you may make the appropriate application to the Family Court.
If there are divorce proceedings in the Syariah Court, or if the Syariah Court has already granted a divorce, you should make your application to the Syariah Court. If you want to make your application to the Family Court, then the requirements in section 35A of the Administration of Muslim Law Act apply, and you must obtain either:
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a commencement certificate from the Syariah Court; or |
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a counselling attendance certificate from the Syariah Court and the other party’s consent to the filing of your application in the Family Court. |
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No. The Family Court only grants divorces to couples who are married under the civil law. Marital disputes involving Muslim parties or persons who are married under the Muslim law come under the jurisdiction of the Syariah Court under the Administration of Muslim Law Act. |
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Yes, section 69 of the Women’s Charter applies to Muslims, and to persons married under the Muslim law, as it applies to non-Muslims.
However, a divorced Muslim woman cannot apply for maintenance from her former husband in the Family Court. She must make her application to the Syariah Court. |
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In all cases before the Family Court, even where one or both of the parties is Muslim, or where the parties were married under the Muslim law, the civil family law applies. The Family Court cannot apply principles of Muslim law. |
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