Divorce Court Process

Dear Husband,


GENERAL OVERVIEW


There are several stages which couples with cases in the Syariah Court have to go through, as indicated in te following charts:

REGISTRATION ....................................................

To register, please complete and submit this form with photocopies of the following documents: Marriage Certificate/Revocation Certificate; Identity Card (front and back) OR Passport Children's Birth Certificates; and Protection Order / Maintenance Order / Conversion Letter (to Islam) if any Incomplete forms and/or insufficient documents attached WILL NOT BE ACCEPTED for registration. We seek your co-operation in this matter. Please note that rejected forms will be returned to your address. The completed form and documents may be: A) submitted personally for registration at Syariah Court, Family Link @ Lengkok Bahru 8 Lengkok Bahru #03-01 Singapore 159052 Tel: 6354 8371 Working Hours Monday to Friday, 8.30 am to 5:00 pm OR B) mailed to: Manager Syariah Court, Family Link @ Lengkok Bahru 8 Lengkok Bahru #03-01 Singapore 159052 Please note that your application will be processed within 4 - 6 weeks.

COUNSELLING STAGE

The Syariah Court provides counselling for couples with domestic problems. Couples who register with the Syariah Court must go through this process, which is designed to help them resolve their marital problems.

Every couple must go through a number of counselling sessions within a period of 2 - 4 months. The idea is to make them aware of the seriousness of the problems they are facing and of the effects that the problems have on them. The Counsellor will try to help them find a solution to their problems.

If these can be resolved, then their case will be closed at this stage or referred to other organisations for assistance or further advice.

However, if the parties, or one of the parties, decide to go through with the divorce, their case will be transferred to the Court. At this stage, divorce case may be commenced:

by way of summons to the Court

SUMMONS STAGE
To commence a divorce application, the applicant or plaintiff must file a notice of originating summons at the Syariah Court, which is situated at Family Link@Lengkok Bahru. The procedure is as follows:

1. The plaintiff pays the prescribed fee, completes a case statement form and takes an oath.
2. The Court Officer will give the plaintiff a copy of the summons together with the date of mediation.
3. If the defendant is present at the time the summons is taken out by the plaintiff, the defendant acknowledges receipt of the summons and completes a defence statement form.
4. If the defendant is not present at the time the summons is issued, the Court Officer will serve the summons on the defendant at the defendant's given address.
5. Upon receipt of the summons, the defendant completes the defence statement form and returns the completed form to the Court within 21 days.

MEDIATION STAGE ....................................................

After the summons is filed, both the plaintiff and the defendant shall present themselves to the Court for mediation on the date and at the time stated in the summons. They should bring with them the following: Identity Card CPF Statement (Public Housing Scheme) Letter from HDB about the status of their flat. Divorce Registration Fee. Bank Book (wife). Children's Birth Certificates. Two originial Marriage Certificates.    Mediation Process At the mediation stage, the divorce and ancillary issues such as custody of children, division of matrimonial property and payment of nafkah iddah and mut'ah will be discussed. The Mediator will help the couple come to a settlement on all the issues. If an agreement between the two is reached at this stage, the Mediator will prepare a consent document, whereupon both parties will swear before the Judge that they have agreed to a divorce. The Judge will order that the divorce be registered and the process ends there.    Objects of Mediation Mediation is carried out with the following objectives: To help parties reach a divorce settlement within a shorter time. Parties wishing their matter to be settled at the mediation stage must reach agreement on the following issues: Divorce. Payment of nafkah iddah and mut'ah. Custody of children. Division of matrimonial property. To dispense with a Court hearing which may have an undesirable effect on the children. To help parties have a better understanding of issues relating to divorce so that they will make proper decisions. To help parties save cost if their matter can be settled at the mediation stage. To make it easier for matters relating to children and matrimonial property to be discussed and resolved should these arise after the divorce. To avoid dissatisfaction between parties in that the decision to divorce is their own and not the Court's. To save parties from washing dirty linen in public. Mediation is a process encouraged in Islam. Allah's commandment in the Quran, "If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best. Even though men's souls are swayed by greed, if you do good and practise self-restraint, Allah is well-acquainted with all that you do." 4 : 128 Islam advocates the amicable settlement of every dispute to avoid antagonism between parties. In a divorce, an amicable settlement between parties would generate in them a sense of respect for each other even though they have separated. Consequently, issues relating to the children too can be settled judiciously. If no settlement can be reached at the Mediation stage, the case will be transferred to the Pre-Trial Conference or PTC stage. The PTC will take place before the Registrar of the Court one or two months after mediation. Parties will be advised to engage their own counsel as many legal matters will be discussed at this stage.

PRE-TRIAL CONFERENCE STAGE ....................................................

At this stage, the parties will see the Registrar regarding the following issues: Custody of children. Access to children. Variation of "case statement" and "defence statement". Cancellation or deletion of contents of affidavit submitted to the Court. Setting aside of Order / Application Consideration of important Applications. The case shall be heard within two months. Parties are encouraged to engage the services of a lawyer as a host of issues relating to the law shall be raised at this stage.    Interim Custody Parties wishing to have interim custody of their children before the trial must file their application with the Court together with their affidavits within three days.

TRIAL STAGE ....................................................

Having been through the Mediation and the PTC stages without any settlement, the case now goes to the trial stage where a date of hearing will be fixed. At the trial, the Court will hear all claims relating to the issues over which no settlement could be reached at the earlier stages. These are: Divorce Nafkah Iddah Mut'ah Custody of children and Access Matrimonial Property.    Trial Regulations A trial is conducted by a President of the Court where the parties have been unable to resolve the case earlier. The President will hear testimony and receive evidence. Trials are complicated, and it is best that parties have lawyers who represent them. They should do this early, such as at the PTC stage. Note that once a trial date is fixed, the Court very rarely postpones the case any further, so you should make sure your lawyer is engaged early and is prepared to go on the day of trial as scheduled. If you cannot afford the services of a lawyer you may apply to the Legal Aid Bureau. Parties who do not wish to be represented by counsel may appear in person. They must come to Court prapared with all documents, evidence and submission relating to the case as directed by the Registrar at the PTC stage. All parties must be appropiately and decently attired for the Court hearing, must conduct themselves with decorum throughout the proceedings and may not take their children into the Courtroom unless directed.

HAKAM STAGE ....................................................

A Hakam or Arbitrator is someone who has been selected by a divorcing party to represent him or her under the direction of the judge. A Hakam is bestowed with specific power and responsibilities in his attempts to settle the issues or disputes between the divorcing parties. This is in line with what has been prescribed by Allah swt:- "If you fear a breach between them, appoint (two) arbitrators, one from his family and the other from hers. If they both wish for peace, Allah will cause their reconciliation. Indeed Allah is All-Knowing, Well-Aquainted with all things." An-Nisa (The Women) 4 : 35 Some of the cases heard by the Judge have to be referred to the Hakam for the following reasons: Wife applies for divorce on the basis of breach of ta'lik by the husband but, after hearing the case, the Court finds that no such breach has taken place. Husband refuses to divorce wife and has not pronounced talak, but wife insists on a divorce. The Court finds that it is necessary for the parties to be referred to Hakam.    Function of Hakam To explain to the parties the role of the Hakam in resolving their problem from the Islamic viewpoint. To look at the background of the parties and to discuss the matter with them. To read the notes of evidence in order to have a thorough understanding of the case. To underline the merits of a peaceful settlement and the demerits of divorce and its effect on individuals, children, community, property, joint savings, matrimonial property, and to explain to the parties the need for payment of nafkah iddah and mut'ah following divorce as well as the social problems that divorces create. To endeavour to effect a reconciliation between the parties, failing which, to decree a divorce. To report to the Court the result of the arbitration and for the decision to be translated into a Court Order.

APPEAL STAGE ....................................................

Any party aggrieved by the decision of the Court over issues of custody of children, division of matrimonial property and payment of nafkah idaah and mut'ah may file an appeal with the Appeal Board of the Majlis Ugama Islam Singapura at the following address: ISLAMIC RELIGIOUS COUNCIL OF SINGAPORE (MUIS) SINGAPORE ISLAMIC HUB 273 BRADDELL ROAD Singapore 579702 An appeal must be filed within one month from the date of the Order of Court, with the following documents:- (i) Identity Card (ii) Court Order (iii) Registration Fee Further information may be obtained from the officer in charge at the Appeal Board.

MARRIAGE COUNSELLING PROGRAMME ....................................................

Parties who register in Syariah Court will be referred to Syariah Court’s accredited partners under the Marriage Counselling Programme who will conduct the counselling sessions. Only after attending those counselling sessions that parties be allowed to commence divorce applications at Court level. These partners are able to provide a more holistic approach in assisting couples in a more conducive environment. Religious inputs will be provided by accredited Asatizah in the course of these sessions. Syariah Court's counselling partners are as follows: Moral Tanjong Pagar Family Service Centre Moral Family Service Centre (Bedok North) Moral Family Service Centre (Bukit Panjang) MacPherson Moral Family Service Centre Serangoon Moral Family Service Centre Jamiyah Counselling Centre Muslim Converts Association of Singapore (Darul Arqam) PPIS-Jurong Family Service Centre As-Salaam PPIS Family Support Centre Association of Muslim Professionals (AMP) Yishun Family Service Centre - Singapore Children's Society ACOSS (APKIM Centre for Social Services) Whispering Hearts Family Service Centre Inspirasi @ PPIS Inspirasi @ AMP PPIS Vista Sakinah

ISLAMIC VIEW ON DIVORCE ....................................................

Allah says in the Quran:, "And live with them (women) honourably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good." An-Nisa (The Women) 4 : 19 Ibnu Umar r.a. reported the Prophet Muhammad s.a.w. as saying, "The lawful thing that is most detested by Allah is divorce." (Narrated by Abu Daud and Hakim) It is clear that Islam strongly discourages divorce. Divorce always has negative effects on the affected couples, on their children, on their families and on the community at large.