Syariah Court to get wider powers over divorce procedures and child-related orders under proposed law

The proposed Administration of Muslim Law (Amendment) Bill, introduced for first reading in the Singapore parliament, aims to grant the Syariah Court broader powers regarding divorce procedures and child-related matters. The changes are designed to reduce administrative burden and emotional hardship for Muslim families, allowing them to focus on healing and recovery.

Key amendments include simplifying divorce procedures for certain couples, waiving the need for a hakam or marital conciliator in cases of agreement to end the marriage. This could save parties up to six months and S$172 per person in fees, provided all issues are agreed upon. The court may also waive the requirement for sworn testimony from two witnesses in suitable fasakh applications, which allows for annulment due to harm or breach of marital obligations.

Furthermore, the Syariah Court would gain the authority to address the consequences of overseas divorces for Singapore-domiciled or long-term residents, enabling financial and custody orders. The court's primary consideration in child-related cases will be the welfare of the child, formalizing existing practices. The bill also mandates a minimum period of physical presence in Singapore for Muslim marriages involving non-citizens or non-permanent residents to ensure a genuine connection to the country.

Lastly, the Singapore College of Islamic Studies will be granted statutory status, allowing it to award degrees and diplomas, and overseen by MUIS, who will handle administrative and financial matters.