Proposed changes to Muslim law include simpler divorce process, strengthened welfare of children

SINGAPORE - Some Muslim couples who have agreed to divorce and 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) said on Oct 6.

Currently, couples that seek to end a Muslim marriage through talak tafwidh, which refers to a husband delegating the pronouncement of divorce to his wife, would have to appoint a hakam, or marital conciliator.

The proposed amendments to the Administration of Muslim Law Act (AMLA) will give the Syariah Court the ability to allow the couple to proceed without a hakam if both parties agree to dissolve the marriage and the court considers the marital conciliator unnecessary.

MCCY said with the new amendment, couples who have also 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.

The number of Muslim marriages fell in 2025, from 5,184 in 2024 to 5,006 in 2025, while the number of divorces rose from 1,440 in 2024 to 1,658 in 2025.

Another amendment will allow Muslim couples who divorced overseas to settle more of their financial and child-related matters in a single court.

Currently, they may have to go to the High Court for the division of matrimonial assets, the Syariah Court for matters such as nafkah iddah (financial maintenance given to the wife during the waiting period of a divorce) and mutaah (conciliatory or consolatory gift), and the Family Justice Courts for child-related orders.

The amendment will empower the Syariah Court to make both financial and child-related orders in cases where either party is based in Singapore or has lived here for at least three years.

Parties must first obtain permission from the court which will consider if Singapore is the appropriate forum.

Two other amendments were proposed on the welfare of children in Muslim divorces.

AMLA will expressly state that a child’s welfare is the Syariah Court’s paramount consideration, formalising existing practice.

The court will also be explicitly empowered to allow a child subject to a custody, care or control order to relocate overseas, or to prevent a parent from taking a child out of Singapore.

MCCY said the powers respond to demand arising from increasing transnational marriages and parents relocating overseas for work, including disputes where divorcing parents cannot agree on whether their child should move abroad.

The provisions are intended to give Muslim families protections similar to those available under the Women’s Charter.

For Muslim marriages where at least one party is a foreigner, there will be a minimum period of physical presence in Singapore before the marriage application is made.

MCCY said the intended period is 31 days, in line with civil marriages under the Women’s Charter. The requirement is intended to ensure foreigners marrying here have an established presence or meaningful connection to Singapore.

The Registry of Muslim Marriages will be able to waive the requirement where there are good reasons to do so.

The other amendments concern the Singapore College of Islamic Studies which will welcome its first cohort of students in 2028.

As Singapore’s first Islamic college, it will be legally recognised and empowered to award degrees, diplomas and certificates in tertiary religious education.

The Islamic Religious Council of Singapore (MUIS) will be able to recognise the SCIS Islamic Studies degree for the recruitment and employment of asatizah, or Islamic religious teachers. Graduates will not have to take the postgraduate certificate in Islam in contemporary societies, which overseas Islamic studies graduates currently have to undergo before they can be recognised.

Oversight of SCIS will also become one of MUIS’ statutory functions. MUIS will be able to direct the college’s provision of tertiary religious education and provide funding from community sources like zakat, wakaf and the Mosque Building and Mendaki Fund.

The Government will fund the non-religious components of SCIS’ programme and infrastructure, like its social sciences programmes, while the Muslim community will fund its religious education components.

The Minister-in-charge of Muslim Affairs will also oversee selected administrative and financial matters at SCIS, including its accountability and quality-assurance frameworks, appointments to its Board of Governors, financial records and key decisions such as amendments to its constitution.

The ministry said the arrangements are intended to ensure accountability as SCIS receives both government and community funds, while maintaining its academic independence and scholarly rigour.