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The information in this section provides a brief summary and enables a better understanding of the process and  procedures in the Syariah Court. 

The information provided is general in nature, and is not intended as legal advice. The staff of the Syariah Court cannot provide legal advice, or assist with drafting the contents of any document. Only a lawyer can give you independent legal advice on the merits of each case.


 References to legislation

  • Administration of Muslim Law Act, Chapter 3

  • Muslim Marriage And Divorce Rules



DOWNLOADABLE FORMS AND FORMAT:

1. NAME OF FORMS

DESCRIPTION

1.1 REGISTRATION FORM

For the spouse who wants to register a case in the Syariah Court.

IMPORTANT NOTICE

Please complete and submit this form with photocopies of the following documents:
a. Marriage Certificate / Revocation Certificate;
b. Identity Card (front and back) OR Passport
c. Children’s Birth Certificates; and
d. Protection Order / Maintenance Order / Conversion Letter (to Islam) if any

Incomplete Registration forms and/or insufficient documents attached WILL NOT BE ACCEPTED for registration.

Please note that your registration will be processed within 2 weeks.

 
SUBMISSION OF PARENTING PLAN FOR COUPLES WITH CHILDREN UP TO 14 YEARS OLD
(with effect from 1 January 2015)
Please PRINT the following documents, in single sided only, when filing.

Document required

Implementation

1.2  Parenting Plan Discussion template
(for use during Marriage Counselling Program only)

To facilitate the submission of the parenting plan to Court, our Marriage Counselling Program (MCP) counsellors will discuss the parenting plan with you at the counselling stage.

This document will be used as reference by both you and your counsellor when discussing the parenting plan. You and your spouse should use this document to include all details as discussed during the counselling session.

If you have not received this document, please print a copy and bring along with you when you attend counselling at the Court’s appointed agency.

1.3  Agreed parenting plan form
(When both parents agree)

or

1.4 Proposed parenting plan form

(When both parents disagree)

After the discussion on the parenting plan with your counsellor, you are required to complete this document and submit to Court. You should make reference to the details as found in the earlier document as discussed in the counselling session(s).

Please note that if you are the Plaintiff, you are required to submit this document when filing Originating Summons (OS) along with the case statement, HDB Housing Guidance form and other supporting documents as required by the Court. 

If you are the Defendant, you will also be required to submit this document when filing the Memorandum of Defence (MOD).

Note: The Agreed Parenting Plan template should be used by couples with mutual agreement on the  parenting plan. Otherwise, couples should use the Proposed Parenting Plan template.

IMPORTANT NOTICE
(For couple with children up to 14 years old)

TAKE NOTICE that the above Agreed parenting plan or the Proposed parenting plan forms MUST be provided with the Case Statement Form and to be submitted together with the requested documents. Failure to comply would delay your application.

2.   ORIGINATING SUMMONS FORMS
      Please PRINT the following documents, in single sided only, when filing.

DESCRIPTION

2.1  FORM 7 - Case Statement (Husband)

Where Husband files Originating Summons and he is known as the Plaintiff.

2.2  FORM 8 - Case Statement (Wife)

Where Wife files Originating Summons and she is known as the Plaintiff.

2.3  FORM 14 - Memorandum of Defence (Husband)

In response to Form 8, it is compulsory for the Husband to file this form within 21 days from the date he receives the originating summons.

2.4  FORM 15 - Memorandum of Defence (Wife)

In response to Form 7, it is compulsory for the Wife to file this form within 21 days from the date she receives the originating summons.

2.5  REFERRAL FOR HDB QUERY FORM FOR PLAINTIFF

This form must be forwarded to HDB by the Plaintiff for HDB's completion before coming to Syariah Court for appointment to file Originating Summons.

Those who must submit the HDB Standard Query form when filing Originating Summons:

  • Plaintiffs who are owners of a HDB flat regardless of whether the flat had been purchased before or after marriage.

Those not required to submit HDB Standard Query form when filing Originating Summons?

  • Plaintiffs who are NOT owners of a HDB flat
  • Plaintiffs who are occupiers of a HDB flat
  • Plaintiffs who are official tenants of a HDB rental flat
  • Plaintiffs who are owners of a new HDB flat (not ready) or BTO flat

2.6 REFERRAL FOR HDB QUERY FORM FOR DEFENDANT

This form must be forwarded to HDB by the Defendant for HDB's completion.

IMPORTANT NOTICE

TAKE NOTICE that all relevant information MUST be provided in the Case Statement Form and to be submitted together with the requested documents. Failure to comply would delay your application.

3.   DURING DIVORCE ROCEEDING FORMS & FORMAT
      (To be filed at the counter, Syariah Court)
Please PRINT the following documents, in single sided only, when filing.

DESCRIPTION

3.1  Form Request to change Address or Contact

 

For update on the corresponding address of parties and their telephone numbers.
 

3.2 Format for  Ex-parte Summons in Chambers

 

 

Ex-parte Summons in Chambers

NOTE : This is a format to be used as a guide only. You have to re-type all portions/items which apply to you. You may exclude any portion/item which does not apply to you. All documents that you wish to attach in support of your application such as a copy of a police report, medical report, personal protection order, and maintenance order are to be annexed as exhibits.

3.3  Format for Affidavit of Evidence in Chief

 

Affidavit of Evidence in Chief

NOTE : This is a format to be used as a guide only. You have to re-type all portions/items which apply to you. You may exclude any portion/item which does not apply to you. All documents that you wish to attach in support of your application such as a copy of a police report, medical report, personal protection order, and maintenance order are to be annexed as exhibits.
 

3.4 Format for Affidavit on parenting plan/split custody

Affidavit on Parenting Plan/Split Custody

NOTE : This is a format to be used as a guide only. You have to re-type all portions/items which apply to you. You may exclude any portion/item which does not apply to you. All documents that you wish to attach in support of your application such as a copy of a police report, medical report, personal protection order, and maintenance order are to be annexed as exhibits.
 

3.5  (a)  Format for Form 22 - APPLICATION FOR INTERIM CUSTODY CARE AND CONTROL OF AND ACCESS TO CHILD

(b) Affidavit in support of Interim custody care and control of and access to child

(c) Step by step guide to application for interim custody care and control

APPLICATION FOR INTERIM CUSTODY CARE AND CONTROL OF AND ACCESS TO CHILD

NOTE : This is a format to be used as a guide only. You have to re-type all portions/items which apply to you. You may exclude any portion/item which does not apply to you. All documents that you wish to attach in support of your application such as a copy of a police report, medical report, personal protection order, and maintenance order are to be annexed as exhibits.

3.6  Format for Affidavit in Reply for Originating Summons

NOTE : This is a format to be used as a guide only. You have to re-type all portions/items which apply to you. You may exclude any portion/item which does not apply to you. All documents that you wish to attach in support of your application such as a copy of a police report, medical report, personal protection order, and maintenance order are to be annexed as exhibits.

4.   POST DIVORCE FORMS -
       (To be filed at the counter, Syariah Court)
Please PRINT the following documents, in single sided only, when filing.

DESCRIPTION

4.1  FORM TO VARY ORDER OF COURT

This form is to be filed by the Plaintiff or the Defendant who wishes to apply for variation of the existing Syariah Court order.

4.2  VARIATION APPLICATION FORM FOR NAFKAH IDDAH AND MUTAAH

This form is to be filed by the Plaintiff or the Defendant who wishes to apply for variation of the Syariah Court Order granted before December 2008, for payments of iddah and mutaah through installment so that it could be enforceable in the Family Court

4.3 Format for Affidavit in Reply for Application

NOTE : This is a format to be used as a guide only. You have to re-type all portions/items which apply to you. You may exclude any portion/item which does not apply to you. All documents that you wish to attach in support of your application such as a copy of a police report, medical report, personal protection order, and maintenance order are to be annexed as exhibits.

4.4  REQUEST TO AMEND THE ORDER OF COURT

For correction of typographical and/or clerical error in the Decree or Order of Court issued.

4.5  REQUEST TO AMEND THE DIVORCE CERTIFICATE

For correction of typographical and/or clerical error in Divorce Certificate issued.

5.   SUGGESTED CLAUSES FOR CENTRAL PROVIDENT FUND (CPF) MATTERS
     

DESCRIPTION

5.1  CPF Suggested Clauses in Order of Court for Transfer

NIL

5.2  CPF Suggested Clauses in Order of Court for Charging

NIL

5.3 CPF Suggested Clauses to include in Injunction Orders (CPF Assets)

NIL

5.4  CPF Suggested Clauses for Disclosure Orders

NIL

Divorce Proceedings

The dissolution of a Muslim marriage can be divided under the following categories :-

  • Divorce by Talak 

  • Divorce by Khuluk  

  • Divorce by Taklik 

  • Divorce by Fasakh

Before you file an Originating Summons for divorce have you :-

  • read the Islamic View on Divorce?

  • attended counselling sessions under our Marriage Counselling Programme (MCP)?

  • gathered all the relevant information on your legal rights and obligations after divorce?

If you need more information on the process and procedure of Syariah Court's divorce proceedings, please read our pamphlet on Divorce.

Confirmation of Talak

Talak pronouncement is a serious matter in Islam. If talak has been pronounced outside court; and you wish to clear any doubts on the validity of the talak pronouncement, you and your spouse must attend personally at the Syariah Court within seven days of the pronouncement and furnish particulars of pronouncement in our Talak Declaration Form.

Applications

If you wish to ask the Court to consider making certain orders, you must make a formal application by filing an Application with a supporting affidavit.

Before you file an Application, have you :-

  • read the various types of application?

  • prepared the supporting affidavit in the correct form?

  • obtained the last known address of the other party/parties?

Amendment  of Order of Court

If there is typographical and/or clerical error in the Order of Court, you can apply for amendment by submitting the Request Form to Amend the Court Order for Clerical Errors. You will then be required to attend court together with your ex-spouse to see the President.

Enforcement of Syariah Court orders 

The enforcement of Syariah Court orders on maintenance (iddah or muta’ah), property or custody issues is made in the Family Court. Parties may lodge a Magistrate’s Complaint about the breach of the Syariah Court order under sections 53 of the Administration of Muslim Law Act.

Syariah Court will not be able to give you legal advice on enforcement of Syariah Court Orders. You may find it helpful to refer to the Family Court website.