Public servants and judicial proceedings
Open ↗141.—(1) Each of the following is a public servant within the meaning of the Penal Code 1871:(a)
every president of the Syariah Court;
(b)
every ad‑hoc president of the Syariah Court;
(c)
the registrar of the Syariah Court;
(d)
every deputy registrar of the Syariah Court;
(e)
every member of an Appeal Board;
(f)
the Registrar;
(g)
every Kadi;
(h)
every Naib Kadi;[Act 4 of 2024 wef 03/03/2025]
(i)
every officer and employee of the Majlis appointed under section 8.[33/2017]
[Act 4 of 2024 wef 03/03/2025]
(2) All proceedings before the Syariah Court, before the Appeal Board or before the Registrar or a Kadi or Naib Kadi under this Act are deemed to be judicial proceedings within the meaning of Chapter 11 of the Penal Code 1871.[33/2017]
Witness
Open ↗142.—(1) Every Kadi or Naib Kadi has power to issue a notice or a summons to any person to appear before him and to give evidence or to produce any document in the person’s possession.
(2) Every person to whom a notice or a summons is sent or served under this section is legally bound to comply therewith.
(3) Every Kadi and Naib Kadi may examine on oath any person who has appeared before him in compliance with a notice or summons.
Register of Marriages and Register of Revocation of Divorces
Open ↗143.—(1) The Registrar must maintain a Register of Marriages and Register of Revocation of Divorces containing such records and information as the Registrar may determine on marriages solemnised or registered, or divorces revoked (as the case may be), under this Act.
(2) The Register of Marriages and Register of Revocation of Divorces may be kept in such form as the Registrar may determine.
(3) The following, if certified by the Registrar to be a true copy or extract, is in any proceedings admissible in evidence as of equal validity with the original document containing the information or the original record:(a)
a copy of or an extract from any information contained in the Register of Marriages or Register of Revocation of Divorces;
(b)
a copy of or an extract from any record contained in the Register of Marriages or Register of Revocation of Divorces (including a copy or an extract of any record produced from a microfilm or digital image).[Act 11 of 2022 wef 30/11/2022]
Register of Divorces
Open ↗144.—(1) Any person may, upon payment of the prescribed fee, apply for a copy of an entry in the Register of Divorces and the registrar of the Syariah Court may, if he or she thinks fit, issue the copy certified by him or her to be a true copy.
(2) The Register of Divorces, and any copy of an entry in that Register certified under the signature and seal of office of the registrar of the Syariah Court to be a true copy, is prima facie evidence in any court or tribunal in Singapore of the dates and acts contained or set out in that Register or copy.[Act 11 of 2022 wef 30/11/2022]
Rules
Open ↗145.—(1) The President of Singapore may make such rules as seem to him or her necessary or expedient for the purpose of carrying out the provisions of this Act.
(2) Without limiting subsection (1), the power to make rules includes —(a)
regulating and prescribing the procedure and practice of the Syariah Court and the Appeal Board, including the manner of service of summons;
(aa)
prescribing the manner in which, and the time within which, any application is to be made to the Syariah Court or an Appeal Board under this Act or any other written law;[Act 11 of 2022 wef 17/08/2022]
(b)
prescribing the jurisdiction, powers and duties of the registrar of the Syariah Court mentioned in section 34B(2)(b);
(c)
providing for any matter concerning an appeal from a decision of the registrar of the Syariah Court;
(d)
providing for the appointment of a child representative to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, and for the remuneration of the child representative; [Act 11 of 2022 wef 17/08/2022]
(da)
providing for a right to appeal to the Minister against any decision of the Majlis under any subsidiary legislation made under this Act, and the procedure for such appeals;[Act 4 of 2024 wef 03/03/2025]
(e)
prescribing the fees to be charged by the Syariah Court, the Appeal Board, and by the Registrar, Kadis and Naib Kadis and the incidence and application of such fees;[33/2017]
[Act 11 of 2022 wef 17/08/2022]
(f)
prescribing the form and manner of an application for, and the issuance of, an inheritance certificate under section 115;[Act 11 of 2022 wef 17/08/2022]
(g)
providing for the provision of copies of, or extracts from, any record or information contained in the Register of Marriages or Register of Revocation of Divorces (including a copy or an extract that is certified by the Registrar to be a true copy or extract); and[Act 11 of 2022 wef 17/08/2022]
(h)
prescribing anything that is required or permitted under this Act to be prescribed.[Act 11 of 2022 wef 17/08/2022]
Delegation
Open ↗146. The President of Singapore may delegate the exercise of all or any of the powers vested in him or her by this Act to the Minister or the President of the Majlis.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
