[WEBINAR] Family Conference 2020

Session 7: Jurisdictional Aspects - Syariah Court and Family Justice Court

Moderator

Ahmad Nizam Abbas - Of Counsel, K&L Gates Straits Law LLC

Panellists

Shahrinah Binte Abdol Salam, P.Kepujian – Registrar, Syariah Court

Judge Sheik Mustafa Bin Abu Hassan – District Judge, Family Justice Courts

This session will discuss the concurrent jurisdiction between the Syariah Court and the Family Justice Courts pursuant to sections 17A(3) and 17A(4) of the Supreme Court Judicature Act and sections 35A(1) and (2) of Administration of Muslim Law Act (“AMLA”) will also be discussed by the panel, touching on recent cases including VFU v VFV [2020] SGHCF 3.r

The session will first delve into the applicability of section 93 of the Women’s Charter and section 35(2) of AMLA towards Muslim marriages and will discuss several landmark cases such as Noor Azizan Bte Colony (alias Noor Azizan Bte Mohamed Noor) v Tan Lip Chin (alias Izak Tan) [2006] SGHC 121. There will be discussion on whether a Muslim wife could initiate maintenance proceedings for herself under section 69 of the Women’s Charter after the husband’s pronouncement of talak and on the different enforcement mechanisms at the Family Justice Courts after a divorce order is obtained from the Syariah Court of Singapore, pursuant to section 53 of AMLA and section 2(2) of the Family Justice Act 2014. The session will finally touch on abatement cases before the Syariah Court and the rights of the surviving wife on whether they are considered valid beneficiaries to the deceased husband (or vice versa) if the Court was to consider the husband’s pronouncement of talak (if indeed pronounced) to be valid and binding.