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MUSLIM FAMILY LAW, Muslim Inheritance Law, HC civil proceedings, SYC…
MUSLIM FAMILY LAW
Step 4: Ancillary Orders
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Custody, CC, Access Maintenance and Education of Children : s52(c)
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Division of Matrimonial Assets: s52(3)(d)
- pre-requisite: SYC divorce hearing, to invoke J
3 Categories of Matrimonial Assets
- same as family law generally
- Assets acquired during marriage
- Assets acquired before marriage/Gifts which were substantially improved
- Matrimonial Home
- Just & Equitable Division
- ANJ v ANK structured approach
- Factors in s 52(8)(a) to (m) AMLA (same as s112(2) WC)
- If there are 3P claims on the assets, must stay divorce hearing
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Step 2: If the SYC has jurisdiction + power, do issues arise against the FJC/SGHC?
HC Residual Jurisdiction
- SYC only has J where divorce application is made to it
- Where SYC has no jurisdiction, HC will have residual jurisdiction (TMO v TMP)
i.e. HC can hear s 3(2) WC matters
Case
UJM v UJL
Foreign divorce. Unresolved issues on division of assets.
SYC no J to grant division order - HC has residual J.
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HC No Jurisdiction wrt muslim : S17A(1) SCJA
- marriages
- divorces
- betrothal, nullity or judicial separation
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Muslim Inheritance Law
- Application for Probate and LOA
- Must state the school of law that the deceased professed
- Inheritance Cert issued by SYC setting out beneficiaries must be filed tgt with application
- Other docs include Will, Hibah, Nuzriah, Deed of Family Arrangement
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Wills
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- Appointment of Executor and Trustee: Executor should be (1) Muslim; (2) Adult; (3) Sane; (4) Free of irreproachable character; and (5) Fit person to perform duties entrusted to him.
- Witnesses: 2 Muslim males
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