Muslim Law Singapore

Muslim Law


Frequently Asked Questions

Syariah Family Law Questions

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Generally, it may take between four months to a year.

You may proceed to the Syariah Court and obtain a Certificate of Revocation. It is best to check with the court as sometimes there may be a need for you to remarry.

There is no such law. Care and control can go to husband or wife depending on who is the better caregiver. Islamic Law also states that the mother has the general right for children below 7 years of age.

Custody refers to who makes the major decision for the child such as whether the child can be brought overseas or which school the child attends. Care & Control refers to who takes care of the child on a daily basis. Generally, if the child is below 7 years of age, the mother will obtain care & control but if the father can prove that he is a better caregiver, the court may award care & control to the father. In relation to custody, the court normally awards joint custody to ensure that both parents continue to make major decisions for the child.

Access to a parent is a right unless the parent is a danger to the child. There is no formula on whether overnight access is given once a week or once every 2 weeks and it will depend on how close the parent is to the child. However, cases show that once every 2 weeks seems to be the norm. For the week where there is no overnight access, day access will be given. Again, each case turns on its own facts.

If you have filed for divorce at the Syariah Court, then you should urgently take out an interim application (temporary application) for the Court to decide when you can see the kids pending the outcome of the divorce. However, if you have not filed for a divorce at the Syariah Court, the temporary application must be taken out at the Family Court.

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