Matrimonial Law of Singapore - Muslim Marriages

Muslim Marriages

Under the law, a Muslim can marry at the age of puberty and whereupon the bride is a single unmarried woman (commonly known as a Virgin Bride or 'Anak Dara'), the wali must grant consent to the marriage. The wali in this case will be the natural father, natural blood brother (legitimate), paternal grandfather, uncle (brother of the father) and whereupon a woman is a child out of wedlock, the solemn declaration of the natural mother must be made in the name of Allah, and the like if the father is no longer known to exist, or have gone away and the next of kin is not known.

In this case, a Wali Hakim or Wali Raja is called upon and the 'Wali' or next of kin will be the Administrator of the Region, State or the like, thus the naming of Hakim (judge) or Raja (King/Sultan in the ancient days). The Kadi (Khadhi) can also cite for which whereupon the parties concerned are away by 2 marhalah (approximately 2 days by walking distance, about 90 km), the terms are being met by using Allah as the Wali Mukminin. This strict conditions must be met for the solemnisation of the Marriage called the Nikah.

If the father is still alive but unknown whereabouts in Singapore, the Registry will take out a petition notice in the local papers for him to be summoned to the Muslim Court for the Marriage to be approved. This takes within 30 days.

No wali is needed if the Bride is a Muslim Convert and is the only convert in the family.

Rules of the Nikah are the existeance of the bride, groom, 2 Male Muslim Witnesses or 4 Female Muslim Witnesses (independent of the family), The existence of the Wali, Kadi and Mahar or Mas Kawin in the region. The Dowry is not mandatory as it's a gift to the brides' family to cater for the wedding expenses. The Mahar,(currently set at least S$200) is the equivalent of the wife's expenses to be given for the upbringing as it's part of the Taklik or terms of the agreement.Think of it as the alimony.

During the registration, the parties must be in attendance (except for the witnesses) to sign the affidavit for the application at the ROMM. The bridegroom will sign the agreement for petition and application to wed and book the solemnisation date.If the interviewing Kadi is not satisfied of the needs of Islamic Knowledge, he can require them to take additional classes prior to allowing them to marry.

Couples should be of the age of 21 but the age of 16 is allowed with consent of the parents present. Marriage of Bride under 16 require special licensing.

The couple must by then attend the Marriage Counselling Course by an approved provider. The certificate issued is only valid for 3 years.

A Decree Nisi Absolute or Divorce certificate is required for the woman if she has existing marriage and must lapse for 90 days before the wedding. If the Groom has existing living wife, the husband is required to show evidence of the financial means to support the wives, as well as obtain permission all his existing wives before a polygamous marriage is approved. A man is allowed to have a maximum of 4 living wives at any point in time.

Upon satisfying all conditions, the Muslim Marriage will take place which consists of the Khutbah or Sermon of Nikah, the Akad or Agreement of both Parties and the thanksgiving.

The Khutbah is basically the Sunnah of Muhammad stating that his sunnah is of three, of Brushing the Teeth to ensure good hygiene, to wear attar and of Nikah for he wants to see many his followers upon the day of Judgement.

During the Akad, the Kadi will ask the Bride of the consent to the marriage and ask for the signature to be on the certificate and carry on with the agreement in the presence of the witnesses. He will require the wali to ask him to marry his daughter(or ward) off on his behalf as by law, he is required to solemnise the marriage. The Kadi will do a handshake saying that "I be wed thee, Of (the groom name) to (the bride name) with the Mahr or Mas kahwin of (the amount) and in the handshake, he must say he agree to take the bride in wed with the said mahar.

After which, the groom will then say aloud the Taqlik or defaulting terms of the marriage for which it can be dissolved by the wife complaining to the Syariah court, which are of hurting her (or her properties), not giving her nafkah (means of sustainability) by him or the next of kin for 6 months (thus the amount of the Mahar) and leaving her for more than 6 months and in which the court finds true will decree that the marriage is dissolved by One Talak. The divorce will be finalised after 90 days of the talak nikah.