Singapore legislation

Section 49

of Administration of Muslim Law Act 1966

Section 49

Fasakh

(1)

A married woman is entitled to apply to the Court for and obtain a decree of fasakh on any one or more of the following grounds:

(a)

that the husband has neglected or failed to provide for her maintenance for a period of 3 months;

(b)

that the husband has been sentenced to imprisonment for a period of 3 years or upwards and such sentence has become final;

(c)

that the husband has failed to perform, without reasonable cause, his marital obligations for a period of one year;

(d)

that the husband was impotent at the time of the marriage and continues to be so;

(e)

that the husband is insane or is suffering from some chronic disease the cure of which would be lengthy or impossible and which is such as to make the continuance of the marriage relationship injurious to her;

(f)

that the husband treats her with cruelty, that is to say —

(i)

habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill‑treatment;

(ii)

associates with women of ill repute or leads an infamous life;

(iii)

attempts to force her to lead an immoral life;

(iv)

obstructs her in the observance of her religious profession or practice;

(v)

lives and cohabits with another woman who is not his wife; or

(vi)

if he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law;

(g)

on any other ground which is recognised as valid for the dissolution of marriage by fasakh under the Muslim law.

(2)

Before passing a decree on ground (d) of subsection (1), the Court may, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of the order that he has ceased to be impotent and if the husband so satisfies the Court within such period no decree may be passed on that ground.

(3)

Upon receiving such application the Court is to cause a summons to be served upon the husband of the woman.

(4)

The Court must then record the sworn statement of the woman and at least 2 witnesses and may then, if satisfied that the woman is entitled to a decree of fasakh in accordance with subsection (1), make a decree of fasakh accordingly.

(5)

The Court making an order or decree under this section must immediately cause such order or decree to be registered.

(6)

The register must be signed by the registrar of the Court, by the woman who obtains the order or decree, and at least 2 witnesses whose evidence has been taken by the Court.

(7)

Subsections (1)(g), (3) to (6) apply, with the necessary modifications, to a married man as they apply to a married woman.

Read in full context — Administration of Muslim Law Act 1966 →