Singapore legislation

Clause 12

of Administration of Muslim Law (Amendment) Bill

Clause 12

Amendment of section 53

Section 53 of the principal Act is amended —

(a)

by deleting subsections (1), (2) and (3) and substituting the following subsections:“(1) Where the Court has made any of the following orders, whether before, on or after the date of commencement of section 12 of the Administration of Muslim Law (Amendment) Act 2008, such order may be treated as a maintenance order made by a District Court under the Women’s Charter (Cap. 353), including a maintenance order for the purposes of Part IX of the Women’s Charter, solely for the purpose of the enforcement of that order by the District Court:

(a)

an order for the payment of maintenance under section 51(1), (2) or (3);

(b)

an order for the payment of a consolatory gift or mutaah under section 52(2) or (3)(b);

(c)

an order for the maintenance of a minor child under section 52(3)(c).(2) Where the Court has made any of the following orders, whether before, on or after the date of commencement of section 12 of the Administration of Muslim Law (Amendment) Act 2008, such order may be treated as an order made by a District Court solely for the purpose of the enforcement of that order by the District Court:

(a)

an order for the payment of emas kahwin and marriage expenses (hantaran belanja) under section 52(1) or (3)(a);

(b)

an order for the custody of a minor child under section 52(3)(c);

(c)

an order for the disposition or division of property under section 52(3)(d).(3) For the purposes of subsection (1), the provisions of the Women’s Charter (Cap. 353) shall apply, with the necessary modifications, to the enforcement of any order of the Court referred to in that subsection by the District Court.”;

(b)

by deleting the words “subsection (3)” in subsection (4) and substituting the words “this section”;

(c)

by deleting the word “registered” in subsection (5); and

(d)

by inserting, immediately after subsection (5), the following subsection:“(6) Where, on or after the commencement of proceedings in a District Court for the enforcement of an order made by the Syariah Court pursuant to subsection (1) or (2), a party aggrieved by that order has made any application under section 55 or commenced any proceedings in any court affecting that order, the District Court may, on its own motion or on the application of any party, stay the proceedings for the enforcement of that order on such terms as it thinks fit.”.