Singapore legislation

Clause 10

of Administration of Muslim Law (Amendment) Bill

Clause 10

Amendment of section 52

Section 52 of the principal Act is amended —

(a)

by deleting subsection (3) and substituting the following subsection:“(3) The Court may, at any stage of the proceedings for divorce or after making a decree or order for divorce, or after any divorce has been registered whether before or after the commencement of the Administration of Muslim Law (Amendment) Act 1998 under section 102, on the application of any party to the proceedings, make such orders as it thinks fit with respect to —

(a)

the payment of emas kahwin to the wife;

(b)

the payment of a consolatory gift or mutaah to the wife;

(c)

the custody, maintenance and education of the minor children of the parties; and

(d)

the disposition or division of property on divorce.”; and

(b)

by inserting, immediately after subsection (4), the following subsections:“(5) In making any order under subsection (3)(d), the Court shall have power to order the disposition or division of the property in such proportions as it thinks just and equitable.(6) Subsections (2) to (10) of section 112 of the Women's Charter (Cap. 353) shall apply, with the necessary modifications, to the Court in making an order under subsection (3)(d) in like manner as those subsections apply to the High Court so far as they are consistent with the Muslim law.(7) The Court may, on the application of any interested person, vary or rescind any order made under subsection (3)(a), (b) or (c) where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.(8) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.”.

Clause 10 — Administration of Muslim Law (Amendment) Bill