muslim jurisprudence on child custody cases … jurisprudence on child custody cases in singapore...
TRANSCRIPT
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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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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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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