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SINGAPORE – Some Muslim couples who have agreed to divorce and have settled all related issues could complete the process at least six months faster under proposed changes to Muslim law.
The changes, which simplify the procedural requirements of divorce proceedings, will allow couples to conclude their divorce amicably earlier, avoiding the emotional and psychological strain of unnecessarily prolonged proceedings, said the Ministry of Culture, Community and Youth (MCCY) on Oct 6.
Under current law, Muslim couples seeking to end their marriage through talak tafwidh – which refers to a husband delegating the pronouncement of divorce to his wife – have to appoint a hakam, or marital conciliator.
The proposed amendments to the Administration of Muslim Law Act (AMLA) will empower the Syariah Court to let the couple proceed without a hakam if both parties agree to dissolve the marriage and the court considers the marital conciliator unnecessary.
MCCY added that with the new amendment, couples who have settled all related issues could potentially save six months or more by concluding the case at mediation without hakam proceedings, pre-trial conferences and hearings. Each party could also save $172 in hakam appointment and court-order fees.
These were among a wide range of amendments to Muslim law tabled in Parliament on Oct 6 for further debate at a later date, following a public consultation from May 25 to June 22.
The changes cover areas such as marriage and divorce, and a governance framework for an upcoming Islamic studies college.
Another proposed change will give the Syariah Court the discretion to waive the requirement for sworn testimony from two witnesses in suitable applications for fasakh, which refers to an annulment of a Muslim marriage on grounds such as harm or breach of marital obligations.
Such breaches could include a husband failing or neglecting to provide financial support to his wife for a period of time, if the husband goes missing or is uncontactable, or if the husband inflicts cruelty or abuse on his wife.
The requirement for witnesses could be waived if the grounds can be proved through other means, including documentary evidence. MCCY said the evidence must still satisfy the court that the grounds for divorce have been established and are valid under Muslim law.
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