The Singapore Law Gazette

Understanding the Wife’s Rights in Syariah Divorce in Singapore

Divorce among Muslims in Singapore is governed by the Administration of Muslim Law Act (“AMLA”). While divorce is permitted in Islam, it is generally regarded as a last resort after reconciliation efforts have been explored. The divorce process also involves various legal procedures and ancillary matters aimed at balancing the rights and responsibilities of both parties. This article examines some of the misconceptions surrounding the treatment of women in the practice and procedure of divorce and ancillary orders in the Syariah Court. Issues such as inheritance are beyond the scope of this article due to space constraints.

Introduction

1. There is a common perception that women have fewer rights in Muslim Law than men or that Muslim Law favours men. Several commentators spanning several decades have observed this. For example, the former Attorney-General of Singapore Ahmad Ibrahim in his 1966 article “Special Rights for Muslims, Chapter VI of The Legal Status of Muslims in Singapore”, wrote that “the rules of divorce under Muslim law has been abused so often to work harshly and cruelly to the wife”.¹Special Rights for Muslims (Chapter VI of The Legal Status of Muslims in Singapore), Ahmad Ibrahim, Malayan Law Journal, 1965, p 66 Academic Dr Noor Aisha Rahman in her 2019 article also opined that “the laws on divorce also reflect rigid adherence to selected rulings from the past, incongruent with values of equality and non-discrimination based on gender”²Noor Aisha Abdul Rahman Muslim Personal Laws and the Accommodation of Minorities: The Need to Better Balance Individual Rights and Group Autonomy in Singapore; German Law Journal (2019), 20, pp. 1079–1095. See in particular paragraphs on divorce, from pp. 1085 onwards.. Even as recently as 2024, the authors of a controversial thematic report believed that despite reforms , Muslim Law (in Singapore) is still discriminatory and renders the women as “second-class citizens”³Thematic Report on Muslim Family Law and Women’s Rights in Singapore 88^th CEDAW Session Geneva, Switzerland, May 2024 (Beyond the Hijab and Musawah) p 4.
2. In this article, the author will examine if these criticisms are fair, considering the evolution and development of Muslim Law today, especially after several rounds of amendments to the AMLA, increased awareness of public education brought about by, amongst others, the publication of Syariah Court and Appeal Board decisions, and efforts by the Syariah Court itself in promoting its role.

Brief Historical Context

3. To understand the current Muslim Law on divorce in Singapore, we must first understand how Muslim Law in Singapore has evolved over the years. The Syariah Court is a creature of statute, and was established in 1958 through the Muslim Ordinance 1957.
4. Before the Syariah Court was established, all divorces were registered by a “Kadi”, under the 1880 Mahommedan Marriage Ordinance in Singapore. While the Kadi was legally authorised to register Muslim marriages and divorces, they had no power in relation to ancillary issues, which had to be adjudicated at the Civil Courts. This created huge problems as many women did not have the resources to pursue their ancillary rights upon divorce. As lamented by Ms M Siraj in her 1966 article, this resulted in cases where “the wife is usually thrown out of the matrimonial home”.⁴ANCILLARY ORDERS ON MUSLIM DIVORCE — THE PRACTICE OF THE SHARIAH COURT IN SINGAPORE Malaya Law Review Volume 8 No. 1 pp 86 – 94 (Mrs M. Siraj) Since 2009 AMLA amendments, the Kadi can no longer register a divorce, and therefore only the Syariah Court is legally empowered to handle divorce and ancillary issues⁵Section 102 of AMLA.

Grounds of Divorce

5. A common misconception is that only the husband can initiate divorce. This perception is perhaps understandable because even an ex-President of the Syariah Court – in the case of Latifah bte Hassan v Jumari bin Yaacob⁶Latifah bte Hassan v. Jumari bin Yaacob, SYARIAH COURT (148/77) – has been quoted as saying “it is clear that the power of talak lies in the hands of the husband who can divorce his wife whenever he wishes without cause”⁷Noor Aisha Abdul Rahman : Muslim Personal Lawsd and the Accommodation of Minorities: The Need to Better Balance Individual Rights and Group Autonomy in Singapore..
6. The Syariah Court of Singapore has in recent times issued a strong reminder that the pronouncement of the talak should be done in court. This is to avoid a situation where women find themselves facing uncertainty, not knowing whether they have been divorced or not. The former Senior President of the Syariah Court, Guy Ghazali, has stated that “Sometimes, the husbands themselves would try to convince the court that their pronouncement of talak should not be considered valid as they had said it in anger. We have encountered all these issues when couples come to court after talak has been pronounced out of court. Due to this, our position is, as far as possible, and to avoid doubt, that it is encouraged for talak to be pronounced in court”⁸Guy Ghazali, Senior President, Syariah Court of Singapore, interview in Berita Minggu, 17 September 2023 (“Lebih baik lafaz talak di mahkamah, elak keraguan”), at https://www.beritaharian.sg/singapura/lebih-baik-lafaz-talak-di-mahkamah-elak-keraguan, English translation published by the Syariah Court of Singapore, at https://syariahcourt.gov.sg/-/media/Project/Syariah-Court/Public-Website/Resources/Press-Releases-and-Media-Articles/2023/Published-17-September-2023/BM-articles-published-on-17-September-2023—English-translation.pdf..
7. While it is undeniable that the husband has the prerogative to pronounce talak, a wife can also initiate a divorce through Taklik⁹Section 48 of AMLA, Fasakh¹⁰Section 49 of AMLA, and Khuluk¹¹Section 47 (4) of AMLA under the AMLA.

Taklik

8. A Taklik¹²Section 48 of AMLA is a special condition that is read aloud by the groom at the time of solemnisation. It is similar to a contract where the husband agrees to abide by certain conditions that, if met, allow the wife to divorce him. In Singapore, the Registry of Muslim Marriages has a standard Taklik which is printed on the marriage certificate. The typical conditions are:
   1. If he leaves his wife for more than four months intentionally or unintentionally, but the wife continues to be obedient to her husband and during the four months of absence;
   2. If he fails to maintain her; or
   3. If he commits any action that harms her body or damages her property or causes her to lose her self-respect,

then if the wife complains to the Syariah Court and if her complaint is proven, then she is divorced by one talak.

9. This divorce by Taklik is not practised universally. In some countries, particularly in the Middle East, there may be no Taklik at all in the marriage certificate. This means that this option is not open at our Syariah Court to those Singaporeans or foreign nationals who contracted their marriages in certain overseas countries. For them, they will have to use an alternative method.

Fasakh

10. Fasakh¹³Section 49 of AMLA refers to the annulment of a marriage by the Kadi upon the wife’s application¹⁴Women I]in Shari’ah by Abdur Rahman I. 1992. Doi. A.S Nordeen. Fasakh. Page 90 paragraph 1.. Under this option, a woman may seek a decree of Fasakh on specified grounds, including the husband’s failure to maintain her for three months, his imprisonment for at least 3 years, or his failure to fulfil marital obligations for a year without valid reason, including impotence, illness, or cruelty.
11. This provision is significant as it provides a legal avenue for a wife to exit a harmful or untenable marriage where the husband refuses to pronounce the talak, and she may not have sufficient proof to obtain divorce by Taklik. A challenge that women face under this method is the requirement under Section 49(4) of the AMLA of having at least 2 male witnesses who are Muslims and are of majority age to prove her case¹⁵Chapter 21 ( A Practical Guide to the Administration of Divorce Proceedings in the Syariah Court of Singapore) of Law And Practice Of Family Law In Singapore 2^nd Edition. In this area, the author hopes that this prerequisite can be reconsidered via an amendment to the AMLA. Perhaps, discretion should be given to the hearing President to waive the need for witnesses.
12. One illustration of how the Syariah Court has granted a decree of Fasakh is through the 2012 case of Mohamed Sabeer Osman v Saheeda Banu Mohamed Sabeer¹⁶Mohamed Sabeer Osman v Saheeda Banu Mohamed Sabeer (2012) 6 SSAR 159. The husband was in a polygamous marriage and failed to maintain the first wife and their children equitably, instead devoting most of his time and resources to his second wife. In granting the decree of Fasakh, the Syariah Court demonstrated its willingness to intervene where the wife’s rights to maintenance and fair treatment were compromised.

Khuluk (Section 47 AMLA)

13. Another alternative is called Khuluk (Divorce by Redemption) whereby parties agree to the divorce upon payment made by the wife in accordance with the status and means of the parties¹⁷Section 47 (4) of AMLA. A Khuluk divorce is not very common in Singapore, but it remains one of the ways to help women leave a marriage.

Hakam

14. If the wife is unable to obtain a divorce by way of Fasakh or Taklik, there is still an alternative. In this situation, the married couple would be referred to a Hakam¹⁸Section 50 of AMLA.
15. The role of the appointed Hakam is to explore the possibility of reconciliation between the parties, and to effect reconciliation where possible. If reconciliation cannot be achieved, the role of the Hakam is to facilitate an amicable divorce ¹⁹Speech by Mdm Guy Ghazali, Senior President of the Syariah Ciurt, At the Syariah Court’s Hakam Empanelment Ceremony on 10 March 2023.
16. If, after speaking with both parties, the Hakam is of the opinion that the parties should be divorced, then the court can confer on him the authority to effect a divorce. This usually happens where the Hakam is of the opinion that a state of shiqaq (inability to resolve) exists between the parties. Recently, in April 2026, the Syariah Court heralded the appointment of the first ever female Hakam. The current Senior President, Ustaz Irwan Hadi, explained that “With the existence of women Hakam, women who want the presence and perspective of women to help them during divorce have that option.”²⁰Berita Harian, 17 April 2026 : https://www.beritaharian.sg/singapura/mahkamah-syariah-lantik-2-hakam-wanita-buat-kali-pertama.The word arbitrator was used in AMLA as a translation for Hakam, in 2024 this translation was removed from the AMLA.
17. The author does acknowledge that when comparing the route of divorce between the husband’s pronouncement of talak and the Hakam process, the former is more expeditious. Notwithstanding, the Hakam process is still very important especially for the wife, as it will provide her the opportunity to obtain a divorce where the husband remains vehement in his objection against the divorce, and the wife is unable to meet the threshold under Taklik or Fasakh.

Ancillaries

Nafkah Iddah & Mutaah

18. The financial relief for a wife at a Syariah Court is different from that of a non-Muslim wife under the Women’s Charter. Under the Women’s Charter, the former wife may be entitled to a monthly or periodic maintenance sum, or a lump sum, which continues until remarriage or the death of either party²¹Part 8 of the Women’s Charter 1961.
19. Under Muslim Law, a Muslim divorced wife is entitled to maintenance during her iddah period (explained below), which is roughly about three months. However, she is also entitled to a consolatory gift called Mutaah²²Section 52 (2).

Nafkah Iddah

20. “Let them live where you live ˹during their waiting period˺, according to your means. And do not harass them to make their stay unbearable. If they are pregnant, then maintain them until they deliver. And if they nurse your child,¹ compensate them, and consult together courteously.”²³Quran 65:6 This is the Quranic verse that describes the husband’s continuing obligation to be financially and practically responsible for the wife during her waiting period (”nafkah iddah”).
21. Nafkah Iddah is generally payable in all divorces, except for where the divorce is by three talak. However, in BQ v BR the Syariah Court made an exception and ordered Nafkah Iddah to be paid in a third talak divorce here as the husband’s infidelity had caused the breakdown in marriage, and the wife needed financial help²⁴Muslim Family Law In Singapore Page 220 s(5.12) (2016) 7 SSAR 36 at (28-37). The President considered the principles under the various schools of Muslim Law, and was prepared to go beyond the Shafiee school of law, which has always been the default in Singapore.

Mutaah

22. It is settled law that Mutaah is payable to every divorced woman, except where the divorce occurs before consummation of the marriage²⁵(Ahmad Ibrahim, Family Law in malaysia and Singapore (Malayan Law Journal Pte td, 2^nd ED, 1974) at p 248. This is so even where the husband has alleged that the wife is nusyuz (recalcitrance). In this context, a wife’s nusyuz generally refers to four broad categories: “general disobedience, sexual refusal, rising out of one’s place, and hatred for one’s husband”²⁶Muslim Family Law In Singapore Page 233 s(5.38). In spite of the frequent objection of husbands who feel aggrieved that they have to pay even though the wife is nusyuz, the Syariah Court and Appeal Board have consistently held that the wife’s entitlement to Mutaah is not lost²⁷BQ v BR (2016) 7 SSAR 36.
23. The quantum of Mutaah is usually a lump sum calculated on a per-day basis over the duration of the marriage, taking into account the husband’s financial means. Therefore, the longer the marriage, the higher the Mutaah awarded²⁸Muslim Family Law In Singapore Page 227 s(5.24). However, as the practice of the Syariah Court is usually to allow husbands to pay via monthly installments, there are some women who have to go through a prolonged wait to receive the money due to them.

Children

24. The conduct of a wife does not automatically disentitle her from the care and control of the children. In AE v AF (2011)²⁹AE v AF (2011) 6 SSAR 65 at (16), the request of the husband to disentitle his wife from the custody rights as she had committed adultery was rejected by the Appeal Board. The adultery in itself did not necessarily mean that she was a bad mother to the children, and therefore it would still be in the best interests of the children for them to remain with the wife³⁰In AC v AD (2011) 6 SSAR 78, The Appeal Board held that the child has the right to be brought up with a proper care with the right custodian..
25. In 2015 AY v YZ³¹(2015) 6 SSAR 386, the Appeal Board held that a child’s best interests include spiritual welfare. In comparing the living environment between the father and the mother, the Appeal Board found that the mother was in a stronger position to provide an Islamic upbringing for the child. This is an acknowledgement that the mother’s role today goes beyond traditional caregiving.

Conclusion

26. In his 1966 article³²Chapter VI (Special Rights For Muslims Chapter) of The Legal Status of Muslims In Singapore, Ahmad Ibrahim had stated that “Islam is not to be blamed for the abject position of Muslim women today, rather it is the Muslims and their one-sided application and administration of the Muslim Law, and especially of the law relating to marriage and divorce, that is to blame.” Would this perception prevail today?
27. The current legal framework and practices in Singapore reveal a more nuanced reality where there are multiple avenues for women to initiate divorce and get fair outcomes for their ancillary issues. Although certain challenges remain, the jurisprudential developments of the Syariah Court over the years reflect its continuous efforts to balance Islamic principles with justice and the lived realities of women in Singapore.