Muslim Divorce Lawyers
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The Syariah Court has jurisdiction to hear divorce applications in Muslim marriages under Section 35 of the Administration of Muslim Law Act (Cap. 3). The Syariah Court has no jurisdiction to hear the issue of Personal Protection Order, Interim Maintenance for the Wife (for the period till divorce proceedings are finalised), Interim Maintenance for the Children and Enforcement of the Syariah Court orders.
For all matters relating to Syariah Law in relation to divorce, please contact us to discuss your situation.
Grounds for divorce in Syariah law
- The ground for divorce for the husband is by simply by way of pronouncing ‘talak’.
- The grounds for divorce for the wife is Khuluk, a divorce by redemption where the wife pays a monetary sum to the husband to absolve herself from the marriage.
- Taklik, where the husband breaches the pre-marital agreements and;
- Fasakh, valid grounds under Section 49 (1) of the Administration of Muslim Law Act (Cap. 3) which includes, where the wife is treated with acts of physical ill-treatment by the husband, the wife has been estranged from her husband for more than 3 months without the means for maintenance and sustenance, the husband has been associating with women of ill-repute, the husband has been living with an unmarried woman, husband has not been treating the wife equally among other married wives.
Upon the successful filing of the Registration for Divorce, the parties will be notified to attend counselling sessions. After the successful filing of the Originating Summons and Case Statement, a Mediation date will be fixed by the Syariah Court where the parties are required to attend at the Syariah Court to mediate on the issue of the divorce, payment of Nafkah Iddah (maintenance), payment of Mutaah (consolatory gift) and ancillary matters will be discussed.
If there is no settlement on all of the aforesaid issues, the Syariah Court will fix the matter for a Pre-Trial Conference for the further conduct of the matter such as the filing of the respective parties’ Affidavit of Evidence-In-Chief. The matter will then proceed to trial where orders on the divorce and ancillary matters are made at the conclusion of the trial.
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