[CALS] Muslim Law Practice Course (29 August 2022)

Muslim Law Practitioners come together to learn at the 3rd Muslim Law Practice Course at NUS Faculty of Law

L-R: Mr Ahmad Nizam Abbas, Managing Director, Crescent Law Chambers, Ustazah Raihanah Halid, President, Syariah Court Singapore, CALS Director, Associate Professor Jaclyn Neo, and Vice Dean (Graduate Studies), Associate Professor Arif A. Jamal at the 3rd Muslim Law Practice Course on 29 August 2022.

After a two year hiatus due to the global pandemic, NUS Law’s Centre for Asian Legal Studies (CALS) successfully organised the 3rd Muslim Law Practice Course, a collaboration with the Syariah Court (SYC) and Majlis Ugama Islam Singapura (MUIS) Academy.

Held on 29 August 2022, this third edition of the executive course featured 3 expert speakers, including a legal practitioner, who shared their knowledge on the key principles of Syariah law, Muslim inheritance law and recent developments in SYC jurisprudence. For the first time, the course was accredited for continuing professional education (CPE) points under MUIS’ Asatizah Recognition Scheme. This is in addition to being accredited by the Singapore Institute of Legal Education for continuing professional development (CPD) points.

More than 40 participants from the Ministry of Law, Syariah Court, Ministry of Culture, Community & Youth, MUIS, Attorney-General’s Chambers and several law firms attended the course. The course aimed to

• Acquaint participants with a holistic understanding of Islamic family law as practiced within the Singapore context;
• Contribute to the quality of practice before the Syariah Court by familiarising participants with key concepts, common terminologies, issues and recent developments related to inheritance and division of matrimonial assets and custody according to Islamic family law;
• Clarify the Islamic ethical principles and higher purposes underlying the Islamic legal thinking; and
• Expose participants to classical and contemporary themes and reading of Islamic law.

Associate Professor Arif Jamal (Vice Dean of Graduate Studies, NUS Faculty of Law) delivered Module 1 on “Principles of Syariah Law” which focused on the historical background of Islamic law, its sources and its development in Southeast Asia and Singapore. Starting with an overview of the early developments of Islamic law and the formation of various schools of juristic thought, the session also covered sources of classical Islamic jurisprudence as tools for independent reasoning (ijtihad) and set into context, these developments in Southeast Asia and Singapore.

Module 2 on “Muslim Inheritance Law: Principles and Practice” was presented by Ustazah Raihanah Halid (President, Syariah Court Singapore) and discussed the main principles of Muslim Law (including the objectives i.e. “maqasid al-shari’a”) as derived from the scriptural and traditional sources and how they have been applied in contemporary contexts, particularly in Singapore. The session included an overview of the prerequisites of Muslim Inheritance Law (faraid) and will (wasiat) as well as the background of local fatwas (legal edicts) on faraid and wasiat which are applied in Singapore. The session also discussed wealth management and distribution in the Islamic tradition in general and upon the death of a family member, including one of the spouses.

Module 3 on “Recent Developments in SYC Jurisprudence – Division of Matrimonial Assets and Custody” was presented by Mr Ahmad Nizam Abbas (Managing Director, Crescent Law Chambers LLC). This module focussed on recent developments in custody and division of matrimonial assets in Islamic family law in Singapore. The session covered complex pre and post separation issues such as the value of nafkah iddah and mut’ah, division of matrimonial assets, distribution of CPF moneys and harta sepencarian, nusyuz (recalcitrance) and the scope of Hakams (arbitrators). The module also explored the different practices between Syariah and civil court such as law of evidence, the grounds for divorce and others and also highlighted how the Syariah Court has applied different schools (mazhabs) of law apart from the traditional Shafii school in tackling particular issues pertaining to divorce (Talak).

The Muslim Law Practice Course continues to provide timely and relevant updates for legal practitioners on Muslim Law in Singapore. Designed to improve the training of lawyers practicing at the Syariah Court, and the quality of practice, the MLPC provides a grounding in the sources and development of the Syariah, as well as in jurisdictional and substantive issues.

By the Centre for Asian Legal Studies at NUS Faculty of Law.