Syariah Court Orders

Overview

This section provides a brief summary of the procedures involved in filing a Magistrate’s Complaint in the Family Justice Courts (FJC) on a breach of an order of the Syariah Court relating to the orders referred to in Section 53(2) of the Administration of Muslim Law Act (Cap. 3), namely:

  1. order for payment of emas kahwin and marriage expenses;
  2. order for custody of a minor child;
  3. order for disposition or division of property.

Applications to enforce breaches of a Syariah Court relating to maintenance of wife or children (nafkah iddah) and consolatory gifts (mutaah) can be found here.

The information provided below is general in nature and is not intended as legal advice. The FJC cannot provide legal advice or assist with drafting the contents of any document.

References to legislation

Enforcing Syariah Court orders in the FJC

A Syariah Court Order can be enforced by various means.

  1. As a Family Court Order

    A Syariah Court Order is treated as an Order made by a Family Court (Family Court Order) for purposes of enforcement.

    A Family Court Order can be enforced by various means, depending on the type of the Order, for example an Order for Committal. As there are legal and procedural rules involved in this process, parties are advised to seek legal advice. To maintain impartiality, Officers of the Court are not able to provide legal advice or recommend lawyers. You may refer to the online directory of qualified lawyers maintained by the Ministry of Law, Legal Services Regulatory Authority (LSRA e-Services). If you need free legal advice or legal assistance, you may wish to approach the Community Justice Centre, Community Legal Clinic or the Legal Aid Bureau.

  2. By a Magistrate’s Complaint

    The Administration of Muslim Law Act (Cap. 3) also stipulates that a breach of the Syariah Court Order amounts to an offence. An aggrieved party can hence lodge a Magistrate’s Complaint regarding the breach of the Syariah Court order. Upon filing, parties will be referred to Mediation for the purpose of determining whether the complaint can be resolved.

Magistrate’s Complaint for breach of the Syariah Court order

This section sets out the procedure for filing a Magistrate’s Complaint.