For muslim divorce in Singapore, there are various methods used, depending on whether the husband or the wife is seeking the divorce in the Syariah courts.
Please consult a lawyer for a more detailed explanation.
In Islam, the husband is primarily given an immediate right to divorce. There are some conditions which the husband should abide by:
- Two witnesses should be present
- A man should not divorce his wife when she is on her menstruation
- Divorces should not be pronounced when the wife is pregnant the man’s child
In Cerai talak, the man is not required to prove any grounds for divorce, and can be effected simply because the man wishes to be separated from his wife. Upon the husband’s pronunciation of “Talak”, the parties can legally file for divorce at the Syariah Court.
Once “Talak” has been pronounced, generally both husband and wife have to appear in Court for Syariah Divorce proceedings.
As of 22 October 2018, the husband can apply to the Syariah court for a divorce without pronouncing talak.
For the muslim wife seeking divorce:
For muslim women seeking divorce, they are required to prove a minimum of one of the following:
- Cerai taklik (Breach of taklik); or
By agreeing to a khuluk, which is the wife’s right to seek divorce from her husband due to a variety of factors, the “talak” is instead requested by the wife, and is typically granted by the husband upon receiving some monetary compensation from the wife, the amount of which is generally assessed by the courts.
In this process, the talak is requested by the wife and is granted by the husband upon the wife’s paying him a sum of money or an amount in kind (compensation/redemption). The quantum of which is assessed by the Court in accordance with the status and means of the parties.
When the wife applies for Cerai taklik, she will have to show that her husband breached the taklik, which is similar to a contract that states the conditions of the Muslim marriage. Upon assessing the taklik, the court will determine if the divorce is valid according to Muslim law.
Annulment of a muslim marriage is based on grounds where the husband has:
- Has been in prison for a minimum of 3 years
- not provided for his wife for at least 3 months
- been assaulting the wife, or any form of cruelty, such as living with another woman
- been impotent since marriage, and continues to be
- not been in a proper state of mental health, or is insane