MFSL 1 - Muslim Family Law

Singapore's statute that governs Muslim administration but does not contain Muslim laws, instead defining the key institutions relating to Islam in Singapore.

One of the three important institutions created under the Amla, responsible for representing Muslims in Singapore.

Another key institution created under Amla that handles Muslim marriages in Singapore.

Someone who professes the religion of Islam.

Singapore laws apply to Muslims unless specifically excluded (or if applying to Muslims married under Muslim law).

Parts of the Women's Charter do not apply to Muslims married under Islamic law.

The Intestate Succession Act does not apply to Muslim estates; Muslim inheritance laws govern instead.

Shari'a court's authority to hear divorce cases is limited to Singaporean domiciliaries or those habitually residing in Singapore for at least 3 years.

Shari'a Court recognizes foreign marriages under Muslim laws; requires verification via affidavits of foreign marriage.

Situation where both Sharia and civil courts (like High Court) have overlapping authority over certain family matters.

Issues concerning children, financial assets, and enforcing court orders following a Sharia divorce.

Sharia court divorce jurisdiction (prior to 2018) was less restricted, allowing cases for parties with no Singapore ties.

Dispute resolution of children's custody or guardianship can overlap among Sharia and civil courts (High Court).

Financial assets acquired during a marriage, subject to possible dispute resolution in both Sharia and civil courts.

Both Sharia and civil courts can enforce court rulings, possibly leading to overlapping authority.

Parties seek changes to earlier divorce settlements (like child custody or asset division) via a new application in the High Court.

The SCJA (Supreme Court of Judicature Act) allows parties in a Muslim marriage to continue civil proceedings by mutual consent, bypassing the Shariah court.

The Shariah court's powers are limited to areas where it has jurisdiction. It cannot act outside of its defined legal authority.

Typical orders made by the Shariah court in a divorce case include declaring the marriage dissolved, ordering nafkah edah, and payment of muta'ah.

Maintenance provided by the husband to the wife during her three-month waiting period (edah) before she can remarry.

A consolatory gift paid by the husband to the wife, as defined in the Amla.

Both provide orders for custody and care of children, but differ on nafkah edah and muta'ah.

Shariah court orders, especially for nafkah edah and muta'ah, are enforced through the Family Justice Court (FJC).

FJC orders are similar to Shariah court orders and are also treated as maintenance orders.

Shariah court orders are considered akin to FJC maintenance orders, providing a consistent legal framework.

The key difference between the Shariah court and the FJC is the FJC enforces the Shariah court's financial orders.

Only the Sharia Court can handle divorce proceedings for Singapore Muslims. The Sharia Court also has primary jurisdiction over ancillary matters (financial issues, child custody) related to the divorce.

Ancillary matters in a divorce refer to issues that arise alongside the divorce itself, such as financial settlements, child custody, alimony, and property division.

Civil Courts can handle ancillary matters related to a Muslim divorce only with permission from the Sharia Court. This permission is granted in the form of a "leave" certificate.

A document required to start civil court proceedings for ancillary matters. It grants permission from the Sharia Court to proceed in the Civil Court.

A certificate that allows parties to continue existing civil court proceedings for ancillary matters, even after filing for divorce in the Sharia Court.

If a Muslim couple is already divorced overseas by a court of competent jurisdiction, the Singapore Sharia Court cannot make orders regarding the division of assets or child custody.

The Shah Rekord's ability to make orders regarding children and assets is dependent on having jurisdiction over the divorce itself.

When the Shah Rekord lacks jurisdiction over the division of assets and custody issues following an overseas divorce, the Family Justice Court has residual jurisdiction over Muslims.

This section of the Supreme Court of Judicature Act allows individuals to file certain applications for financial relief after an overseas divorce.

Muslims can apply for financial relief after a divorce that happened overseas under Section 17A of the SCJA, even though the Sharia Court may lack jurisdiction.

Financial payments from a husband to his wife during a marriage. Mutaha is a lumpsum payment, while Nafkah Eda is a monthly installment during the 'idah period (waiting period following divorce).

While Sharia courts issue orders such as those for Mutaha and Nafkah Eda, they are enforced by the Family Justice Court in Singapore. This applies to financial, child custody, and asset division matters.

A mediation program overseen by the Family Justice Court, aimed at resolving disputes arising from Sharia Court orders. It stands for 'Bridge of Sharia Code Orders.'

One exception to needing Family Justice Court enforcement is when signing sale documents for matrimonial property. Here, the Shariah Court has the authority to act.

When a party fails to comply with Shariah court orders, a separate court can use 'proxy powers' to authorize someone (like a representative) to act on their behalf, especially for property transactions.