This section provides a brief summary of the procedures involved in filing an application to enforce an order of the Syariah Court in the Family Court.
The information provided is general in nature, and is not intended as legal advice. The staff of the Family Registry cannot provide you legal advice, or assist with drafting the contents of any document.
References to legislation:
Enforcing Syariah Court orders in the Family Court
Muslim parties or parties married under the Muslim law have two options if they wish to enforce an order made by the Syariah Court on maintenance (iddah or muta’ah), property or custody issues in the Family Court. They may:
- Register the Syariah Court order as an order of the District Court under section 53(2) of the Administration of Muslim Law Act; or
- Lodge a Magistrate’s Complaint about the breach of the Syariah Court order under sections 51 or 52 of the Administration of Muslim Law Act.
This section sets out the procedure for both options, but staff of the Family Registry will not be able to advice you on which option you should take. If you need a lawyer, or legal advice, you may find it helpful to refer to the
General Information page on this website.
Registration of the Syariah Court order
1. Starting proceedings
To register a Syariah Court order as an order of a District Court, you must file the following documents:
- an ex parte Originating Summons (Form 5); and
- an affidavit in support of the Originating Summons.
Under Order 84B of the Rules of Court, your affidavit in support of the Originating Summons must:
- exhibit the Syariah Court order that you wish to register, with an English translation if the order is not in the English language;
- state the following: the name and the usual or last known place of residence of the person who has obtained the Syariah Court order, and the person against whom the Syariah Court order has been made;
- that the person applying for the registration of the Syariah Court order is entitled to enforce the Syariah Court order
- that at the date of the application the Syariah Court order has not been complied with; and
- the amount in respect of which the Syariah Court order remains unsatisfied, if applicable.
You will have to pay the appropriate filing
fees.
Please note that these documents must be filed or sent to the Court using the
Electronic Filing System (EFS).
You can file documents through the EFS at the LawNet/EFS Service Bureau. There are two Service Bureau in Singapore:
Supreme Court LawNet / EFS Service Bureau
1 Supreme Court Lane
Level 1, Supreme Court Building
Singapore 178879
6337 9164
Chinatown PointLawNet / EFS Service Bureau
133 New Bridge Road
#19-01/02 Chinatown Point
Singapore 059413
6538 9507
For more information on the LawNet/EFS Service Bureau, you may wish to visit the
EFS website.The staff of the Family Court will be able to direct you to the LawNet / EFS Service Bureau located at Chinatown Point, but will be unable to give you any specific information on procedures and charges administered by the Service Bureau.
2. Registration
If your documents are in order, a Deputy Registrar of the Family Court will order that the Syariah Court be registered as an order of a District Court. You may not need to attend Court personally for this.
3. Service
After the Deputy Registrar has granted the order, you must extract the Court order in Form 209.
The person against whom you wish to enforce the Syariah Court order must be personally served with the following documents:
- the Court order in Form 209; and
- a notice of registration stating:
(a) the full particulars of the Syariah Court order which has been registered and the order for its registration;
(b) the name and address of the person seeking to enforce the Syariah Court order or of his solicitor on whom, and at which, any summons issued by the person against whom the Syariah Court order has been made may be served;
(c) that the person against whom the Syariah Court order has been made has a right to apply to have the registration set aside; and
(d) the period within which an application to set aside the registration may be made.
After the period for the registration order to be set aside has expired, you may proceed to enforce the Syariah Court order as if it were an order of the District Court.
You may wish to refer to the website of the
Civil Justice Division of the Subordinate Courts for further details on enforcement of civil suits.
Magistrate’s Complaint for breach of the Syariah Court order
1. Starting proceedings for a Magistrates Complaint
You must come personally to the Family Court to complete the standard Magistrate’s Complaint form. You may do this at the Family Registry, Level 1, Family and Juvenile Court Building.Do Bring a copy of the Syariah Court order with you.
As you are the person filing the Magistrate’s Complaint, you are know as the Complainant. The person against whom the Magistrate’s Complaint is made is the Respondent.
When you have completed and submitted your Magistrate’s Complaint, you will be taken before a Magistrate or District Judge to have it sworn or affirmed. To swear or affirm the Magistrate’s Complaint means that you confirm that the contents of what you have written in the form are true and correct.
It is a serious offence to include statements that you know to be untrue or incorrect in a sworn or affirmed Magistrate’s Complaint.
If your application is in order, the Magistrate or District Judge will direct that a notice to the Respondent be issued to attend mediation before a Court mediator or a Judge of the Family Relations Chambers, depending on the subject-matter and complexity of the dispute.
2. Mediation
Both you and the Respondent must be present in the Family Court on the mediation date.
If you fail to turn up on any of your Court dates, your application may be struck out. This means that you will have to file another Magistrate’s Complaint, and the same fees will apply.
If you are the Respondent, your failure to turn up will result in the commencement of police investigations against you for breach of the Syariah Court order.
If you manage to reach agreement on your dispute, you will be brought before the Magistrate or District Judge again to have the settlement recorded. You will then be granted permission to withdraw your Magistrate’s Complaint.
The Family Court cannot record the settlement as a Court order, or change the terms of the Syariah Court order. If you wish to have the terms of the Syariah Court order changed, you must make your application in the Syariah Court.
3. If there is no agreement
If you are unable to reach an agreement on your dispute, a Magistrate or District Judge of the Family Court will direct the police to investigate the matter. The matter will then be taken over by the
Crime Registry of the Subordinate Courts.
Under sections 51 and 52 of the Administration of Muslim Law Act, breach of a Syariah Court order is a criminal offence punishable with a term of imprisonment of up to six months.