Hearing/ Hearing with Hakam

Process

At the Hearing, the Court will decide on your divorce case based on the evidence that you have submitted in your affidavits. If there is a dispute on custody, care and control and access of your child, and the child is aged between 7 and 21 years old, the child may be required to attend Court so that the President of the Court may interview your child on his/her preferences, wishes and concerns.

In some cases, the Court may require 2 adult male Muslims witnesses to give evidence on your behalf.

In some cases, the Court may order or advise parties to appoint hakam in respect of whether reconciliation between the parties may be effected or the parties should be divorced. The Court will schedule a session to appoint the hakam, where parties will have to pay $150 each for the hakam fee, and $22 for the Court order. As the hakam is selected by you and your spouse, you and your spouse will each be required to sign an authorisation form for the appointment of hakam for the purposes of your divorce case.

The hakam will endeavour to effect reconciliation where possible, or to facilitate an amicable divorce if reconciliation is not possible. After the hakam session (arbitration), the arbitrators will provide a report to the Court on whether the parties should be divorced. 

Court Documents issued Post Divorce 

Divorce Certificate – A Certificate of Divorce evidences a record of divorce between parties in the Court’s Register of Divorces.

Decree – A Decree of Divorce is made by the Court upon the dissolution of marriage between parties. This document may also contain other Orders made by the Court in respect of the parties.

Order of Court – An Order of Court may be issued as part of a Decree of Divorce or as a separate document. It contains Orders made by the Court in respect of the parties, whether upon divorce, during the pendency of the divorce proceedings, or subsequent to the divorce.