Syariah Court to get wider powers over divorce procedures and child-related orders under proposed law
The proposed changes also set a minimum stay in Singapore for some foreigners marrying here and put the Singapore College of Islamic Studies on a statutory footing.
A pair of wedding bands and a gavel. (Photo: iStock)
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SINGAPORE: Muslim couples seeking a divorce could be exempted from some procedural requirements under proposed changes that would also give the Syariah Court clearer powers over child custody and relocation.
The Ministry of Culture, Community and Youth (MCCY) introduced the Administration of Muslim Law (Amendment) Bill for first reading in parliament on Tuesday (Oct 6).
The ministry said in a media release that the divorce-related changes are meant to reduce administrative burden and unnecessary acrimony so families can focus on healing.
SIMPLER DIVORCE PROCEDURES
Couples must currently attend the Syariah Court’s marriage counselling programme before filing for divorce. Where a marriage cannot be reconciled, the court adjudicates disputes using principles of “therapeutic justice” – an approach that prioritises healing and emotional well-being for everyone involved.
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Under the amendments, the court could simplify procedures in certain circumstances.
Parties would no longer need to first appoint a hakam or marital conciliator if both agree to end the marriage by talak tafwidh, a form of divorce in which the husband delegates the pronouncement of divorce to the wife.
MCCY said the simplified procedure could save parties at least six months in cases where they have agreed to dissolve the marriage by talak tafwidh and have an agreement on all issues.
They would also not have to pay the hakam appointment fee and court-order fee, which amounts to S$172 (US$134) per party.
The amendment seeks to allow parties with an agreement on all issues to conclude the divorce amicably and at an earlier stage, thereby avoiding undue emotional and psychological hardship that may be caused by having to go through a longer divorce process.
The court could also waive the requirement for sworn testimony from two witnesses in suitable fasakh applications. Fasakh refers to the annulment of a Muslim marriage due to harm or a breach of marital obligations.
This could apply where the grounds for divorce can be established through other means, such as documentary evidence, or where obtaining two witnesses would be impractical or cause the applicant further hardship.
The court would still have to be satisfied that the grounds for divorce are proven and valid under Muslim law.
OVERSEAS DIVORCES
The Syariah Court would also be able to deal with the consequences of a Muslim divorce obtained overseas.
If either party is domiciled in Singapore or has lived here for at least three years before applying, the court could make financial orders as well as orders on the custody, care and control of, and access to, children.
Currently, Muslim families who obtain a divorce overseas may have to begin separate proceedings in the High Court or Family Justice Courts. MCCY said the change is expected to save time and costs by allowing eligible families to start proceedings at the Syariah Court instead.
Existing safeguards would remain. Applicants would first need the court’s permission, and the court would consider factors including whether Singapore is the appropriate jurisdiction to hear the case.
CHILD WELFARE AND RELOCATION
The Bill also seeks to make clear that a child’s welfare is the Syariah Court’s “paramount consideration” in matters involving children, formalising existing court practice.
The court would also be empowered to make orders allowing or preventing a child under a custody, care or control order from being relocated outside Singapore.
For instance, it could allow a child to move overseas with a parent or stop a parent from taking the child out of the country.
MCCY said the change responds to growing demand from transnational marriages and overseas work relocations. It is also meant to give Muslim families legal protections under Muslim law similar to those available under relevant provisions of the Women’s Charter.
The ministry said the amendments build on earlier changes to the Muslim divorce process: mandatory marriage counselling in 2018, court therapeutic specialists in 2022 and the Child Representative Scheme in 2023. A co-mediation pilot began in 2025.
The Bill would also introduce a minimum period of physical presence in Singapore before a Muslim marriage application can be made, when at least one party is neither a citizen nor a permanent resident.
This is to ensure foreigners marrying here have an established presence or a meaningful connection to the country, MCCY said.
OVERSIGHT OF ISLAMIC STUDIES COLLEGE
The Bill would formalise governance of the Singapore College of Islamic Studies, making oversight of the college a statutory function of the Islamic Religious Council of Singapore (MUIS).
The college would be legally recognised and given powers to award degrees, diplomas and certificates.
The minister-in-charge of Muslim affairs would oversee selected administrative and financial matters, including access to the college’s financial records, appointments to its board of governors and approval of key decisions such as constitutional changes.
The college, Singapore’s first Islamic college, is expected to welcome its first cohort in 2028.
Source: CNA/vl(cy)
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