The muslim community makes up approximately 15.6% of the population in Singapore (Dept of Statistics, 2020), and the Administration of Muslim Law Act 1966 provides the legal framework to govern their religious affairs, including family matters.
The Most Important Rule: In the Syariah Court of Singapore, the well-being of the child always comes first.
According to Islamic Law, a child’s welfare includes both his/her daily needs and religious development. As such, when making decisions, the Syariah Court takes into account a child’s religious upbringing as well as his/her education, health care, and living conditions.
How does Joint Custody work?
The Syariah Court handles the issue of custody in the same way that the Family Justice Courts does. When parents get divorced, they usually share custody unless there is clear evidence of abuse or such lack of co-operation between parents that it is harmful for the children to be in joint custody.
When parents share custody, they both have the right to make decisions on the long-term aspects of a child’s upbringing, including health care, education, and religious instruction. In practice, joint custody is the norm.
However, custody is not the same as care and control. Upon divorce, the child will live with the parent who has care and control and this parent will be responsible for making everyday decisions pertaining to the child’s life. The parent who does not have care and control gets to see and spend time with the child through what is known as ‘access’. Once again, in matters pertaining to the long-term aspects of a child’s upbringing such as selecting a child’s primary school, both the care and control parent and the access parent have to come together and discuss before making a decision.
From the lawyer’s perspective: Going through a muslim divorce is challenging, but keeping your children’s well-being in mind helps everyone move on. Parents should talk to each other openly, and your child should have a stable daily routine. These steps will make the change easier. You can always make better choices if you know how the process works and what the Court considers in arriving at its decisions.
How Does a Child's Age Affect Care and Control Decisions in Syariah Court?
A child’s age is an important factor in determining who gets care and control. When a child is below seven years old, Islamic Law favours the mother for care and control of the child (hizanat).
Once children turn seven, they can express their wishes on which parent they wish to reside with. While the Court listens to the wishes of the children, it still retains the final say to decide which parent should have care and control. In making its decision, the Court’s main concern is always the well-being of the child.
This approach allows a mature child to be able to express his/her opinion while still allowing the Court to decide by giving paramount importance to the welfare of the child.
How Does the Court Involve Professionals in Decision-Making?
The Syariah Court listens to expert opinions. Judges can call for reports from the Ministry of Social and Family Development and other social service organisations to better understand the parent-child dynamic and assist them in making care and control/access orders.
These professionals will observe the interactions between the parents and the child. Thereafter, with their expertise, they will advise on who is the better-placed parent for care and control.
Who Can Go to Syariah Court?
The Syariah Court facilitates the divorce of Muslim couples who were married under the provisions of Muslim law. Furthermore, one of the spouses must be domiciled in Singapore, e.g. be a citizen of Singapore, or have lived in Singapore for at least 3 years before commencing divorce proceedings in the Syariah Court..
Only when the above conditions are met, does the Syariah Court go on to dissolve the marriage and make decisions relating to the custody, care and control, and access of minor children of the marriage.
In summary, the Syariah Court strikes a fine balance between established principles in the Family Justice Courts and traditional Islamic principles, always putting the child’s best interests first. When you know how this works, you will be able to understand what the Court considers in making decisions relating to the children.
Frequently Asked Question:
- What does it mean to have joint custody? With joint custody, both parents have the right to make decisions on the long-term aspects of a child’s upbringing, including health care, education, and religious instruction.
- Does the age of the child matter in deciding who gets care and control? Yes, age is important. Mothers are preferred caregivers for children under the age of seven. Upon reaching the age of seven, the children are able to express their wishes on which parent they want to live with.
- What is the difference between custody and care and control? The care and control parent is able to make everyday decisions for the child, like their daily mode of transport to school. However, with joint custody, the care and control parent must consult the other parent in making long-term decisions for the child, such as their choice of primary school.
- Can the Syariah Court involve professionals in making decisions pertaining to children? Yes, the Syariah Court can call for reports from agencies including the Ministry of Social and Family Development, to professionally evaluate the parent-child dynamic and thereafter decide what is best for the child.
- What is the most important rule followed by the Syariah Court? In making any decision pertaining to children, the welfare of the children is of paramount importance to the Syariah Court.
