The application of ‘Iddah maintenance at the Singapore Syariah court: An analysis from legal perspectives / Siti Zunairah Abdul Malee

• Main Author: Siti Zunairah , Abdul Malee
• Format: Thesis
• Published: 2023
• Subjects: BP Islam. Bahaism. Theosophy, etc; K Law (General)
• Online Access: http://studentsrepo.um.edu.my/14411/1/Siti_Zunairah.pdf; http://studentsrepo.um.edu.my/14411/

Since its establishment, the Singapore Syariah Court has taken several initiatives to ensure the welfare of the divorcing parties. The initiatives touch on both administrative and judicial functions of the Court, including adopting various approaches to enhance its decisions on ancillary matters. Nevertheless, a claim in 2009 contradicted the Court‟s efforts to ensure the welfare of divorcing parties. The Court has has not been consistent in awarding financial compensation beyond three (3) months in addition to the ‘iddah maintenance, notwithstanding that such award is provided in the legal provision on ‘iddah maintenance in the Administration of Muslim Law Act (AMLA). Hence, this study aims to examine the application of various aspects of ‘iddah maintenance in Court based on the relevant AMLA provisions, and evaluate the Court‟s approach in such application, including whether such approach has been in line with the legislative intent in ensuring the welfare of the divorcing parties. The research data is gathered through documentation and semi-structured interview. The data gathered via documentation is analysed using the content and inductive analysis, and the interview data is analysed using the thematic analysis method. As a result, this research lays down the AMLA provisions on ‘iddah maintenance, the legislative intent behind such provisions, and the default and discretionary application of ‘iddah maintenance. Further, this research discovers six (6) approaches adopted by the Court in its whole application of ‘iddah maintenance, which are found in line with the legislative intent behind the legal provisions of ‘iddah maintenance.