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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

 

Divorce Proceedings

Amendment of Court Orders

Confirmation of Talak

Enforcement of Court Orders

Applications

 
   


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 application will be processed within 4 – 6 weeks.

 

2.   ORIGINATING SUMMONS FORMS
      (By appointment set by the Court only)

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  HDB STANDARD QUERY FORM

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

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.
In the event your application to file Originating Summons for divorce is rejected, a new appointment date will be given to you in the next 5 - 6 weeks time.

3.   DURING DIVORCE PROCEEDING FORMS & FORMAT
      (To be filed at the counter, Syariah Court)

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

NEW

 

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 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

NEW

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.

4.   POST DIVORCE FORMS -
       (To be filed at the counter, Syariah Court)

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  REQUEST TO AMEND THE ORDER OF COURT

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

4.4  REQUEST TO AMEND THE DIVORCE CERTIFICATE

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

 

   
 

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 :-

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.


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.