Singapore legislation
Regulation 3
Regulation 3
Application to have marriage solemnized
Subregulation 1
An application to a Kadi or Naib Kadi for solemnization of a marriage under section 95 of the Act must —
be made in Form 1A;
be accompanied by a declaration made by each party to the intended marriage and the wali (if any) of the woman to be wedded;
where the application is made on or after 22 October 2018 and either party to the intended marriage is a person to whom section 94A of the Act applies, be accompanied by the details of the marriage preparation programme attended and completed by both parties to the intended marriage; and
where the application is made on or after 22 October 2018 and either party to the intended marriage is a minor when the application is made, be accompanied by —
the consent required under section 94B(1) of the Act of each appropriate person mentioned in the Fourth Schedule to the Act; or
if the consent of any such appropriate person cannot be obtained, or if any such appropriate person refuses to give that person’s consent —
an application to the Kadi or Naib Kadi to dispense with the consent of that person; and
any evidence in support of the application mentioned in sub-paragraph (A) (including a statutory declaration by any person) that the Kadi or Naib Kadi may require.
Subregulation 1A
The Kadi or Naib Kadi may require the applicants to provide any other information that the Kadi or Naib Kadi requires to satisfy himself that there is no lawful obstacle, according to the Muslim law or the Act, to the marriage.
Subregulation 2
Where an application under paragraph (1) is made on or after 1st September 2011 and any of the parties to the intended marriage has previously been married but is divorced, the declaration referred to in paragraph (1)(b) shall state whether he or she owes any arrears in respect of any maintenance which is payable under a maintenance order.
Subregulation 3
The declaration mentioned in paragraphs (1)(b) and (2) must provide for a party (X) to declare —
whether the parties to the intended marriage are prevented from marrying by the Act or any other law;
if the parties are required to attend and complete a marriage preparation programme — whether the parties have done so; and
if X was previously married but has been divorced — whether X owes any arrears in respect of any maintenance which is payable under a maintenance order.
Subregulation 3A
The Kadi or Naib Kadi may in lieu of or in addition to a declaration mentioned in paragraphs (1)(b) and (2), require a statutory declaration to be made by any party to the intended marriage or the wali (if any) of the woman to be wedded.
Subregulation 4
A marriage shall not be solemnized by Kadi or Naib Kadi unless the parties to the proposed marriage comply with paragraphs (1), (2), (3) and (3A).
Subregulation 5
In this rule, “maintenance order”, in relation to an order, has the meaning given by —
section 17(4) of the Women’s Charter 1961 as in force immediately before 25 September 2023 — if the order is made before 25 September 2023; and
section 8 of the Women’s Charter 1961 — if the order is made on or after 25 September 2023.