1 – Is There Cross-Examination In Syariah Court?
Syariah Court proceedings are unlike PPO/DEO or MSS matters. While parties are present during the hearing along with their lawyers (if any), it has more similarities to that of a chambers rather than open court hearing.
Nevertheless, there are situations where examination of witnesses may be necessary and these may include cases where the facts are convoluted or where there is a need for cerai taklik or cerai fasakh.
In order to stress a point perhaps, on certain contradictions or emphasis on a material point, cross examination may be useful in such circumstances. The Judge may at his or her discretion ask the parties some questions too.
2 – What Kind Of Evidences Are Allowed In Syariah Court?
Evidence is information a party may show the court to prove his or her case. There are rules to follow to submit evidence to the court. Some examples include Whatsapp calls/msgs, SMSs, video, audio recordings and probably the support of a witness that is not seen as biased.
There are other things that can also be used as evidence to prove a case. These things include pictures, police, medical, and school records and any other documents, like contracts, leases and bills.
All public documents must have proof from the public agency that the documents are true copies of the agency’s records. This is called a certified copy. When things are submitted to the court they are called exhibits.
3 – What Is The Difference Between A Case Statement And Affidavit?
Your case statement will include all the material facts (important ones) and the orders that you are seeking while your affidavit will be an elaboration of the case statement with example(s) and evidence(s).
4 – What Is Hakam Hearing?
Many men are unaware that a hakam has the right to pronounce talak on the women if the man refuses to do so.
At hakam hearings (which are held before the main divorce hearing, normally 2 hours earlier), the hakams (one hakam for each party) will try to see if parties can reconcile.
If that fails, they will either inform the husband to pronounce or request that he gives the wife the authority to pronounce talak on herself. If it still doesn’t work out, the hakam can use his authority to pronounce the talak on the woman.
5 – How To Prove Nusyuz In Singapore Syariah Court?
In simple terms nusyuz means disobedience or failure to abide by the duties and or requirements. Many people use the term loosely on their wives.
However it is not so simply proved and there is no exact formula in the Syariah Court to prove this. You need to have evidence and this evidence must be backed up both by Islam and the cases which have been decided at the Appeals Board. Each case is unique and turns on its own facts.
6 – Can A Father Obtain Care And Control For A Child Born Out Of Wedlock?
This issue is widely misunderstood. Many are of the opinion that since children born out of wedlock are not able to inherit from the father or have the father as a Wali, this means that care and control automatically goes to the mother.
This is FALSE. The principle is that of the welfare of the child. If a father is able to show that he is a better caregiver than his ex-spouse, the Courts may award care & control to him.
7 – Are We Pro-Men Or Pro-Women In Our Cases?
We defend both men and women and do the best for our clients regardless. We hope for each party to get justice InShaAllah.
8 – Are Men Always At The Losing End In Divorce Proceedings?
In divorce cases it is not very accurate to say one party wins or lose. It depends on the facts.
For example there are cases where the father has obtained care and control of all his children and there are cases where the husband has managed to reduce the nafkah payable to the wife to a very small minimum (on the basis of ehsan). Every case is special and has its own facts.