Muslim Jurisprudence on

Child Custody Cases in Singapore Post -2010

Alfian Yasrif Kuchit President

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Raising children who have minds of their own, their own quirks & personalities is like herding bats

It’s almost mission impossible

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And know that your possessions (wealth) & children are but a test (trial) and truly it is Allah with Whom lies your greatest reward.

Surah Al-Anfaal(8), verse 28.

Wealth & children are allurements of the life of this world: But the things that endure, good deeds, are best in the sight of your Lord, as rewards, and best as (the foundation for) hopes.

Surah Al-Kahf(18), verse 46.

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Appea; Islamic

jurisprudence or theology

Appeal Board

When parties are unhappy with the Court’s decision

Overturn, Vary, or Confirm

Member 1 Member 2 Member 3

Appeal Board’s decisions are final & cannot be reviewed by

the civil court

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• Source of reference to Muslim family law • Vital to the promotion & advancement of

a body of law & its jurisprudence

Singapore Syariah Appeals Reports (SSAR) 1980 - 2010

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Post-2010 decisions concerning child custody

Appeal Board’s jurisprudence with regard to the rights and welfare of the children

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Appeal Case No 21/2010 (1 September 2011)

Background

Child conceived before wedlock Born a few months after parents got married

Court’s decision

Joint custody • All major decisions that would affect the

child’s future were to be made jointly

Appeal Board’s decision

Confirmed SYC’s decision

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“The primary purpose of enacting ... rules is to benefit the child.”

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Appeal Case No 28/2010 (23 August 2011)

Background

Wife has an affair

Court’s decision

Mother has care and control of the children

Appeal Board’s decision Confirmed SYC’s decision

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The affair had “no bearing on the wife’s suitability to be a good caregiver to the children …”

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Appeal Case No 15/2010 (13 April 2011)

Background

Children expressed wish to stay with Father

Court’s decision The Court allowed the Father to have care and control

Appeal Board’s decision

Overturned the Court’s decision

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“[a]lthough the children would prefer the father’s laidback attitude towards their upbringing, it would not be in their interest if there is an absence of structure to inculcate discipline”

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Parties bear the ultimate responsibility as the children’s parents to help the Court focus its attention on the children’s best interest.

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It is as if after the divorce one parent should be erased from the children’s lives. This is unacceptable

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Appeal Case No 14/2010 (29 April 2011)

Most, if not all parents, we believe love their children & would want their children to have the best care & control.

There should be no losers in a custody dispute. There can be only one winner & that must be the child.

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4 axioms outlined by Appeal Board

1 Parents must provide the Court with all

relevant & material facts that would enable the

Court to make a decision that is in the best

interest of the child.

2 No divorce can alter the fact that someone

is the father or mother of the child.

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4 axioms outlined by Appeal Board

3 A parent who has daily care & control of the

child have a responsibility to ensure that the

child’s recognition, respect & love of the non-

resident parent be preserved & nurtured.

4 The practice of influencing a child to stay away

from a parent has to stop. It sows hatred &

breaks up family bonds which are incongruous

with the Islamic principles of maintaining good

relations (silaturrahim) & enjoining others to do

good.

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If I am not for myself, who will be for me?

If I am only for myself,

what am I?

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Thank you

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