Singapore University of Social Sciences

Islamic Family Law in Singapore (LAW351)

Synopsis

LAW351 Islamic Family Law in Singapore is designed to enable the family practitioner to be mindful of the sensitivities involved where a party is a Muslim. The family practitioner needs to have knowledge of the Muslim law of marriages and divorces, and would also need to be aware of jurisdictional issues between the Syariah Court and the civil courts. This course does not cover all of the Syariah Law, but focuses on the Syariah Law as applied in the Singapore context.

Level: 3
Credit Units: 5
Presentation Pattern: Every January

Topics

  • Introduction to Muslim Law
  • Application of Muslim Law in Singapore
  • Jurisdictional issues between the Syariah Court and Civil Courts
  • Essential elements of Muslim marriages – polygamy & overseas marriages
  • Types of divorces – talak, kholak, taklik, fasakh
  • Ancillary issues I – eddah & mutaah
  • Ancillary issues II – children, custody, care and control, access, relocation
  • Ancillary issues III – division of matrimonial assets
  • Processes and pleadings in the Syariah court and Appeal Board
  • Enforcement of Syariah Court orders at the Family Justice Court
  • Muslim law of inheritance – hukum faraid
  • Estate planning – wills and hibah (gift)

Learning Outcome

  • Indicate the various sources of the relevant law, how it is made and developed; of the institutions within which that law is administered and the personnel who practice law
  • Demonstrate understanding of legal concepts, values, principles and procedures of Singapore law and explain the relationship between them in a number of subject areas, as well as to apply them
  • Analyse fact patterns to identify relevant issues of law, fact and procedure.
  • Interpret the relevant rule of substantive law, procedure or evidence relevant to the issues identified
  • Apply the relevant laws and principles to come to a conclusion on the issues
  • Formulate an opinion, provide a solution and advise based on the conclusions
  • Discuss critically, competing arguments in literature or in a group situation and make a reasoned choice between alternatives
  • Examine ideas, concepts and arguments in the English language and legal terminology with care and accuracy
  • Employ information technology in an office environment for the search for information, the preparation of documents and presentations
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