What Do You Do To File A Divorce Case In Syariah?

Differences between the Syariah Court and any other court

We all know a court is a place typically where judgment is passed about various different things such as crime, marriage, divorce, land registry, property, and so on. But the Syariah court is a special type of court that has jurisdiction over all the Muslims in the country.

It is a court that looks only at the religious affairs of the Muslim community of that particular country. It passes judgment according to the Islamic law also known as the "Sharia Law''.

But what is the exact procedure of the Syariah divorce? If you belong to the Islamic Community of Singapore and are not sure about how to file for a divorce with your partner, here's how you can do it. 

Eligibility for Divorce in the Syariah Court

If you're married under Muslim law then you have to apply for divorce at the Syariah court. The eligibility for filing a divorce case in Syariah court of Singapore is that you must be a citizen of Singapore or have lived in Singapore for more than 3 years.

Also to get a Syariah divorce you and your spouse have to first register for the marriage counseling program or parenting program (if you have a child). You can easily find a Syariah divorce law firm to help you out with the divorce process.

Sharia Law

As we know the Syariah court is run on the basis of Sharia law. The Islamic Sharia law states that it is allowed to take divorce in Islam but it is a long process.

The husband can only give his wife divorce by pronouncing 'talaq' in different situations within the period of three to four months.

Khul can also take place which is known as mutual divorce by both parties. The woman has to return the "mahr" or the gifts from her husband after divorce.

Divorce under Syariah Court

1. Talaq: If the husband delegates the pronouncement "talaq" to the wife, and the Court thinks that the divorce is valid in accordance with the Sharia, the divorce is granted upon payment of the prescribed fee.

1. Khuluk: when the husband does not agree to divorce by the wife, but husband and wife agree to a divorce by redemption (Khuluk), the Court can ask the wife to make a payment for the divorce to be granted.

1. Taklik: The Muslim Law says that a married woman can file a divorce case against her partner, while the Taklik laws that are written till or after the marriage are applicable during the case.

1. Fasakh: a woman can also apply for a divorce without mutual consent on the basis of the ignorant and abusive behavior of her husband towards her or their children.

Rights of spouses after divorce

1. Maintenance of the wife


2. Custody of children


3. Maintenance of the children


4. Property jointly owned by the couple


5. Mut'ah

To get your divorce procedure done in no time, you can refer to a Syariah divorce law firm, to complete the process under Muslim law.