Singapore legislation

Section 97

of Administration of Muslim Law Act 1966

Section 97

Marriage of janda

(1)

Where the woman to be wedded is a janda —

(a)

she must not be married to any person other than the husband from whom she was last divorced, at any time prior to the expiration of the period of iddah, which must be calculated in accordance with the Muslim law;

(b)

she must not be married unless she has previously produced —

(i)

a certificate of the death of her late husband;

(ii)

a certificate of divorce lawfully issued under the law for the time being in force;

(iii)

a certified copy of the entry relating to such divorce in the appropriate register of divorces; or

(iv)

a certificate, which may upon her application be granted after inquiry by the Syariah Court, to the effect that she is a janda; and

(c)

if the divorce was by 3 talak, she must not be remarried to her previous husband, unless prior to the marriage she has been lawfully married to some other person and such marriage has been consummated and later lawfully dissolved.

(2)

The Syariah Court may, if it is satisfied that there has been any collusion between the previous husband and the other person to whom the woman was married after the 3 talak, annul the remarriage with the previous husband mentioned in subsection (1)(c).