Commonly Asked Questions In Syariah Divorce

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 chamber hearing 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

Cross examination may also be useful in order to stress or place emphasis on a material point or obtain clarity when contradictions arise. The Judge may at his or her discretion ask the parties some questions too.


2 – What Kind Of Evidences Are Allowed In the Syariah Court?


Evidence is information a party presents to the court to prove his or her case. It is important to note that there rules to follow when submitting evidence to the court. Apart from the individual’s own written statements, some examples of evidence include Whatsapp calls/messages, SMSes, 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 reports, school records (if children are involved) and any written agreement between parties.


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 true copy. When things are submitted to the court, they are called exhibits.


3 – What Is The Difference Between A Case Statement And Affidavit?


The 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 material facts stated in the Case Statement with example(s) and evidence(s).

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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 first 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 there is still no resolution, the hakam can use his authority to pronounce the talak on the woman.

5 – How To Prove Nusyuz In the 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, proving nusyuz is not a simple matter 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 in Islam and by the cases which have been decided at the Appeals Board.

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 the mother, the Courts may award care & control to him.

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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 inaccurate to say one party wins or loses. 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.

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Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

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