Administration of Muslim Law (Amendment) Bill · cl 9

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In the principal Act, in Part 3, before section 34, insert —“Interpretation of this Part33A.—(1) In this Part —“CCCA order” means any order with respect to the custody of, care and control of, or access to a minor child of parties to a marriage on divorce or nullity of marriage;“foreign country” includes a foreign territory;“FR order” means any order for financial relief with respect to —(a)the payment of maintenance and the provision of necessary clothing and suitable lodging to a woman who has been divorced for the period of her iddah;(b)the payment of emas kahwin and marriage expenses (hantaran belanja) to a woman who has been divorced;(c)the payment of a consolatory gift or mutaah to a woman who has been divorced by her husband;(d)the maintenance of a minor child of parties to a marriage on divorce or nullity of marriage; or(e)the disposition or division of property on divorce or nullity of marriage;“judicial or other proceedings”, in relation to a foreign country, includes acts which constitute the means by which a divorce or a nullity of marriage may be obtained in the foreign country and which are done in compliance with the law of the foreign country.(2) In this Part, an individual (A) is a party to a foreign divorce or nullity of marriage if all of the following apply in relation to A and the other party to the marriage (B):(a)A and B are Muslims in all proceedings in the Court, or A and B were married under the provisions of the Muslim law;(b)the marriage between A and B took place in Singapore or in a foreign country;(c)the marriage has been dissolved or nullified by means of judicial or other proceedings in a foreign country;(d)the divorce or nullity of marriage (as the case may be) is recognised as valid under the provisions of the Muslim law.(3) In this Part, “property”, in relation to any disposition or division of property on divorce or nullity of marriage, means —(a)any asset acquired before the marriage by one party or both parties to the marriage that has been substantially improved during the marriage by the other party or by both parties to the marriage; and(b)any other asset of any nature acquired during the marriage by one party or both parties to the marriage,but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage.”.

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cl 9New section 33A

In the principal Act, in Part 3, before section 34, insert —“Interpretation of this Part33A.—

(1)

In this Part —“CCCA order” means any order with respect to the custody of, care and control of, or access to a minor child of parties to a marriage on divorce or nullity of marriage;“foreign country” includes a foreign territory;“FR order” means any order for financial relief with respect to —

(a)

the payment of maintenance and the provision of necessary clothing and suitable lodging to a woman who has been divorced for the period of her iddah;

(b)

the payment of emas kahwin and marriage expenses (hantaran belanja) to a woman who has been divorced;

(c)

the payment of a consolatory gift or mutaah to a woman who has been divorced by her husband;

(d)

the maintenance of a minor child of parties to a marriage on divorce or nullity of marriage; or

(e)

the disposition or division of property on divorce or nullity of marriage;“judicial or other proceedings”, in relation to a foreign country, includes acts which constitute the means by which a divorce or a nullity of marriage may be obtained in the foreign country and which are done in compliance with the law of the foreign country.

(2)

In this Part, an individual (A) is a party to a foreign divorce or nullity of marriage if all of the following apply in relation to A and the other party to the marriage (B):

(a)

A and B are Muslims in all proceedings in the Court, or A and B were married under the provisions of the Muslim law;

(b)

the marriage between A and B took place in Singapore or in a foreign country;

(c)

the marriage has been dissolved or nullified by means of judicial or other proceedings in a foreign country;

(d)

the divorce or nullity of marriage (as the case may be) is recognised as valid under the provisions of the Muslim law.

(3)

In this Part, “property”, in relation to any disposition or division of property on divorce or nullity of marriage, means —

(a)

any asset acquired before the marriage by one party or both parties to the marriage that has been substantially improved during the marriage by the other party or by both parties to the marriage; and

(b)

any other asset of any nature acquired during the marriage by one party or both parties to the marriage,but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage.”.