Administration of Muslim Law Act 1966 · 2020 Revised Edition · Part 3 · The Syariah Court
46A. Activities to be attended before making application to Court for divorce
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A prescribed party in a prescribed circumstance must attend the applicable prescribed activity within the prescribed time.
attend
“attend” includes the appearance by any person using any electronic means of communication permitted by the Syariah Court, an Appeal Board, a Kadi or a Naib Kadi;
For the purposes of subsection (1), rules made under section 145 may —
prescribe the applicable prescribed activity for a prescribed party in a prescribed circumstance; and
prescribe different times for different prescribed parties in different prescribed circumstances.
No application for a divorce in accordance with the Muslim law is to be made to the Court, and no cross‑application is to be made in proceedings for a divorce in accordance with the Muslim law, by a prescribed party in a prescribed circumstance, unless the prescribed party —
has attended the applicable prescribed activity;
is an excluded party; or
is allowed by the Court under subsection (4) to do so.
Despite subsection (3)(a) and (b), even though a prescribed party in a prescribed circumstance has not attended the applicable prescribed activity and is not an excluded party, the Court may, upon the application of the prescribed party, and on such terms as the Court thinks fit, allow the prescribed party to apply to the Court for a divorce in accordance with the Muslim law.
court
“court” means a court of competent jurisdiction, other than the Syariah Court;
The Court hearing any proceedings for a divorce in accordance with the Muslim law may, if the Court considers that doing so is in the interests of the parties to the marriage or any child of the parties, at any stage in those proceedings order either or both of the parties to the marriage to attend a prescribed activity.
child of the parties
“child of the parties” means any child of the parties to a marriage (including a purported marriage that is annulled), and includes any legally adopted child;
Where any party who is required or ordered under this section to attend a prescribed activity fails to do so, the Court may make such orders as the Court thinks fit.
Without limiting subsection (6), the orders that the Court may make under that subsection include the following orders:
a stay of the proceedings for a divorce in accordance with the Muslim law until the defaulting party in that subsection attends the prescribed activity;
such order as to costs as the Court thinks appropriate against the defaulting party in that subsection.
Except as provided in subsection (9), anything said, any document prepared, and any information provided, by any person for the purposes of or in the course of attending a prescribed activity is not to be admitted in evidence in the Court or any court.
A parenting plan prepared during a prescribed activity may, with the consent of every party who prepared it, be admitted in evidence in the Court.
The Minister may appoint any person to conduct a prescribed activity.
No liability shall lie personally against any person appointed under subsection (10) to conduct a prescribed activity who, acting in good faith and with reasonable care, does or omits to do anything for the purposes of that prescribed activity.
In this section —
“applicable prescribed activity”, in relation to a prescribed party in a prescribed circumstance, means the particular type of prescribed activity that the prescribed party is required under subsection (1) to attend;
“application for a divorce in accordance with the Muslim law” includes an application under section 102(5)(b);
“cross‑application”, in relation to proceedings for a divorce in accordance with the Muslim law, includes —
an application under section 102(5)(b) made while those proceedings are pending; or
if those proceedings are proceedings relating to an application under section 102(5)(b) — an application for a divorce in accordance with the Muslim law that is made while those proceedings are pending;
“excluded party” means a prescribed party who is prescribed by rules made under section 145 as exempt from subsection (1);
“parenting plan” means a proposal prepared by either party to a marriage, or an agreement prepared by both parties to a marriage, on the arrangements for the welfare of every dependent child of the parties;
dependent child of the parties
“dependent child of the parties” means a child of the parties who is below 21 years of age;
“prescribed activity” means an activity (such as counselling) that is prescribed, by rules made under section 145, for the purposes of this section;
“prescribed circumstance” means a circumstance, prescribed by rules made under section 145, in which a prescribed party is required under subsection (1) to attend a prescribed activity;
“prescribed party” means a party to a marriage who is prescribed, by rules made under section 145, for the purposes of this section;
“proceedings for a divorce in accordance with the Muslim law” includes any proceedings relating to an application under section 102(5)(b).