Description

In the first part of the module, the constitutional and statutory framework in Singapore determining the jurisdiction and powers of the Syariah court will be examined. The historical evolution of the Syariah courts’ jurisdiction and powers, and their relationship with the civil courts will be elaborated upon. It will study cases where Islamic law has been raised before the civil courts, including but not limited to cases where jurisdictional conflicts between the civil and Syariah courts have arisen and been addressed.

The second part of the course examines divorce cases in the Syariah court in Singapore. It will elaborate on complex pre and post separation issues such as value of nafkah iddah and mut’ah, division of matrimonial assets, distribution of CPF moneys and harta sepencarian, nusyuz (recalcitrance) and the legitimacy of Hakams (arbitrators). It will also elucidate the different practices between Syariah and civil court such as law of evidence, the irrelevance of proving unprofessional behaviour (UB) as grounds for divorce and others. It also aims to provide participants with a platform to appreciate diversity of thoughts within the Islamic tradition and provide insights on how legal rulings can be contextualised according to the needs of the society within an accepted legal framework.

About The Lecturers

Dr. Jaclyn Neo
Associate Professor, NUS Law

Jaclyn specializes in constitutional law and human rights. She was a recipient of two graduate scholarships from NUS under which she completed her Masters of Law (LL.M.) and Doctor of the Science of Law (J.S.D.) at Yale Law School. Jaclyn is currently the Deputy Director of the Asian Law Institute (ASLI) and sits on the editorial boards of the Singapore Journal of Legal Studies (SJLS), the Asian Journal of Comparative Law, and the Asian Yearbook of International Law. She has published widely in leading journals in her field, including the Oxford Journal of Law and Religion and the International Journal of Constitutional Law. Before joining the faculty, Jaclyn practiced in the litigation department at WongPartnership, and is currently a consultant at the firm. Jaclyn is a member of the Law Society’s Public and International Law Committee and a member of the Singapore Academy of Law’s Law Reform Committee.

Mr. Ahmad Nizam Abbas
Director, Straits Law Advocates & Solicitors

Ahmad Nizam Abbas was admitted as an Advocate and Solicitor of the Supreme Court of Singapore in January 1994. He holds a Masters of Laws in Islamic Law and Finance from the Singapore Management University in 2013. He is a Facilitator and Trainer at the Singapore Institute of Legal Education in Family Law, Wills, Probate & Administration and Mediation. He has acted for clients in cross-border disputes on children and matrimonial assets. He is the current Chairman of the Muslim Law Practice Committee of the Law Society and was a member of the Law Society’s team which participated in the Parliamentary Select Committee Hearing on the amendments to the Administration of Muslim Law Act back in 1997. In 2012, his paper on ‘The Islamic Legal System in Singapore’ was published in the Pacific Rim Law & Policy Journal of the University of Washington. In the last decade, Ahmad has been active in various organisations including MUIS (Islamic Religious Authority of Singapore), Mendaki and Mediacorp.

Ms. Halijah Mohammad
Practising Lawyer, Halijah Mohammad & Co

Halijah Mohamad graduated from Law faculty in National University of Singapore. In 1995, she started her law firm Halijah Mohamad & Co. The focus of her practice in primarily family law. She was past Vice Present of AWARE (1999, 2000 and 2010- 2012). She was a Council member of the Muslim Financial Planning Association. She is now Vice President of Singapore Association of Women’s Lawyers. She is a member of the Family law Practise and Muslim Law Practise Committees in the Law Society. She wrote the chapter on Overview of Syariah law in family matters in the book LAW & PRACTICE OF FAMILY LAW IN SINGAPORE published by Sweet & Maxwell (2016).