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2021 MarsdenLR 3872
SYARIAH APPEAL BOARD SINGAPORE
DJ – Appellant
Versus
DK – Respondent
[Appeal No: 37 Of 2019]
A valid divorce under Muslim law follows an explicit pronouncement of talak, necessitating registration and proper allocation regarding custody and financial obligations.
Headnote:(A) Administration of Muslim Law Act (Cap 3, 2009 Rev Edn) – Sections 46B(3) and 52(3) – Muslim Marriage and Divorce Rules (Cap 3, R 1, 2001 Rev Edn) – Rule 45(1) – Divorce by three talak pronounced by Husband – Court validates the divorce, ordering registration – Orders made for custody authority, care, decision-making access for children, and division of matrimonial assets; the Husband to pay mutaah of $32,000 – Wife's appeal against fee for divorce registration dismissed. (Paras 1, 12, 43)
Facts of the case: Husband filed for divorce under claims of nusyuz regarding the Wife's duties. The Wife denied these claims, arguing for her rights in custody and financial components.
Findings of Court: Talak was valid under Muslim law, and the divorce must be registered. The orders reflected a balance in child custody and equitable distribution of assets.
Issues: Primary issues involved the validation of talak, custody arrangements for children, payment of mutaah, and division of matrimonial property.
Ratio Decidendi: An explicit pronouncement of talak is valid regardless of the Husband's intention. The court also cited principles of child custody rooted in children’s best interest as per Islamic tenets.
Result: Appeal dismissed; orders affirmed.
JUDGMENT
Introduction
[1] This was a case where the plaintiff ("the Husband") filed for divorce on the ground that three talak were pronounced based on the following reasons: (a) the defendant ("the Wife") did not fulfil her responsibilities as a Muslim wife; (b) she did not trust him; (c) she was ungrateful; and (d) she caused the family huge stress. Further, the Wife did not perform her duty as a dutiful mother and did not take care of the Husband's wellbeing. For those reasons she was a nusyuz Wife according to the Husband. The ancillary issues were najkah iddah, mutaah, matrimonial property and assets. On 2 December 2019,1 made the following orders:
DECREE
UPON THE APPLICATION of the Plaintiff AND UPON READING the affidavits filed herein AND UPON HEARING Mr Mohammad Rizuan, Counsel for the Plaintiff and Mr Noor Mohamed Marican, Counsel for the Defendant, IT IS HEREBY DECREED THAT:
1. The marriage registered on the 4th day of August 2000 be dissolved by the Plaintiffs pronouncement of talak on the 2nd day of December 2019 as follows: 'I divorce my Wife [DJ] with 1 talak, 2 talak, 3 talak'.
2. The Court confirms the pronouncement of divorce and decrees a divorce by 3 talak raji'i (bain kubra) and orders that the divorce be registered (vide: divorce certificate number [number redacted]).
3. The Plaintiff shall pay the divorce registration fee.
IT IS FURTHER ORDERED THAT:
4. There is no order for nafkah iddah.
5. The Plaintiff shall pay mutaah in the sum of $32,000.00.
6. Payment of mutaah shall be deducted from the Plaintiff's share of sale proceeds from the net sale of the matrimonial flat.
7(a). The Plaintiff and the Defendant shall have joint custody of children:
i. ['MC'] (Male) born in 2008 [date of birth and birth certificate details redacted]
ii. ['FC'] (Female) born in 2005 [date of birth and birth certificate details redacted]
(b). The Plaintiff shall have care and control of [MC] whilst the Defendant shall have care and control of [FC].
(c). The Plaintiff and the Defendant shall have reasonable access to the child not under each other's care and controll as follows:
ii. alternate weekend overnight access either from Friday 8.00pm to Saturday 8.00pm or from Saturday 11.00 am to Sunday 6.00pm.
ii. alternate public holidays
iii. for Hari Raya Puasa and Hari Raya Haji, the Plaintiff shall have access from 8.00pm on the eve of Hari Raya to 1.00pm the following day and the Defendant shall have access on Hari Raya Puasa and Hari Raya Haji from 2.00pm to 8.00pm.
iv. half of the school holidays
8(a). The Plaintiff, Defendant and children are to attend Counselling at PPIS As Salaam Family Support Centre.
(b). The Plaintiff, Defendant and children are to attend the Children In Between Programme at PPIS As Salaam Family Support Centre.
(c). The parties shall attend all sessions and fully cooperate with arrangements made for them by PPIS As Salaam.
(d). PPIS As Salaam shall update the Court of their attendance and participation.
9(a). The matrimonial flat at and known as the [address redacted] [("Punggol property")] shall be sold in the open market forthwith. The proceeds of sale shall be apportioned as follows:
i. To make full payment of the outstanding loan with HDB.
ii. To pay the HDB resale levy (if any).
iii. To pat requisite CPF refunds in accordance with applicable CPF laws to all owners' respective CPF accounts.
iv. To pay all expenses arising from the sale, including d payment of agent's commission, and other cost of an expenses of the sale.
v. The net proceeds - less (i), (ii), (iii) and (iv) - shall he divided in the proportion of 60% to the Plaintiff and 40% to the Defendant.
(b). In the event of a loss, the balance sale proceeds after payment of the outstanding loan to the HDB will be apportioned between the Plaintiff and the Defendant's CPF accounts in accordance to the CPF rules and regulations. The Plaintiff and the Defendant shall bear equally the agent's commission and other costs and expenses of the sale.
10(a) The Pl
