Poligamia 411

In Singapore, the Administration of Muslim Law Act (AMLA) generally governs family matters for Muslims; civil law governs family matters for non-Muslims. In certain areas, civil laws apply to both Muslim and non-Muslim communities, including maintenance of children and wives, domestic violence, adoption of children, and custody, care and control of children where there is no divorce application in the ‘Syariah Court’. Muslims can choose to go to civil courts or the Syariah Court for certain issues, though for a case to appear in the civil court, both parties must agree or the Syariah Court must grant leave for the civil court to hear the matter. Personal laws are generally fair and equitable for Muslim women, with Muslim women having many of the same rights as men, although there are still some areas of concern about apparent discrimination.

Four key areas of apparent discrimination are:

• Wali: Muslim brides require the consent of their walis to contract a marriage. If a woman’s colapsos refuses to give his consent, she can apply for the Registrar to be her wali hakim.
   
• Poligamia: An application for polygamous marriages must be made to the Registry of Muslim Marriages, which will conduct an inquiry on the suitability of the marriage before granting approval or rejecting the application. It is possible for women to restrict polygamous unions through the use of additional taqliq (conditions/promises) in the marriage contract, though this is still not well known. Polygamous marriages contracted outside of Singapore remain a major cause for concern.
   
• Rights to Divorce: Husbands have the right to divorce their wives by pronouncement of talaq, while wives have rights to divorce on grounds of cerai taqliq (breach of marriage condition), fasakh (dissolution of marriage for cause) ou khul’ (divorce by redemption). In almost all cases where women apply for divorce and are unable to prove a case by fasakh ou taqliq, a divorce was granted through a hakam procedure. In such cases, the wife does not lose her right to payment of mutah (compensation upon divorce) from her husband.
   
• Inheritance: Inheritance is generally determined according to Muslim rules of inheritance as modified, where applicable, by Malay customs. The following are situations of hardship that have occurred in the distribution of shares:
  • Adopted children who had taken care of their adopted parents receiving nothing;
  • A widow with young children being forced to sell the matrimonial home because the deceased’s brother or father insisted on claiming his share;
  • The son who is a prison inmate receiving more shares than a daughter who had looked after their parents;
  • A widow with young female children receiving fewer shares of the deceased husband’s estate because Baitulmal was granted some shares;
  • The non-Muslim wife and children receiving nothing of the deceased Muslim husband’s/father’s estate;
  • Muslims wanting to renounce Islam so that they are not governed by Muslim inheritance laws, which they perceive to be unjust and unfair.

• Some of the positive areas in the Administration of Muslim Laws Act (AMLA) include:
  • The minimum age of marriage is 18 anos.
  • The consent of both parties are required.
  • All marriages must be registered, and can be solemnised only by authorised persons.
  • In the division of matrimonial assets upon divorce, o Syariah Court takes into account non-monetary contributions such as looking after the family, domestic work, etc. All wives are awarded at least 30 per cent, while wives who made some financial contribution receive a higher share. All assets acquired during the marriage are included, regardless of who legally owns them.
  • Muslim wives can apply for maintenance in civil courts. Courts take into account actual incomes, earning capacity, and the needs of both parties. The concept of nushuz does not exist in civil law. Maintenance orders can be enforced upon default, including by imprisoning the respondent or deducting his monthly salary.
  • There is a dual responsibility to maintain the children if both parents are working. Fathers of illegitimate children are obliged to maintain their children.
  • In custody and guardianship cases, the guiding principle is the best interest of the children. The Syariah Court increasingly makes joint custody orders; joint custody is the norm and sole custody is the exception in civil courts.
     
• Positive law reform has been achieved, in many cases through the work of NGOs, including:
  • Amendments to the Women’s Charter to offer better protection for victims of family violence.
  • Amendments to the AMLA on the distribution of matrimonial assets upon divorce.
  • Constitutional amendments allowing overseas born children of Singaporean mothers and foreign fathers to acquire Singapore citizenship.
  • Amendments to the Penal Code that removed marital immunity in non-consensual sexual intercourse (rape) in cases under certain conditions that are leading toward divorce.
  • Procedural amendments to eliminate problems with enforcement of Syariah Court Orders.
     
• The Government adopts a ‘non-interference’ approach on issues pertaining to Islamic affairs, so for reform to happen, the Muslim community must advise the Government on what should be done, bearing in mind Singapore’s secular, multi-racial, multi-religious society. If any change or reform is to happen, it must come from within the Muslim community, which provides an opportunity for positive reform.

Fonte: Report submitted by the Association of Women for Action and Research (AWARE), following a consultation on 11 Novembro 2008 with representatives from eleven organisations, including the Majlis Ugama Islam Singapura, the Association of Muslim Professionals (AMP), Casa Raudha Women’s Home, Darul Arqam, Muslim Converts Association, Singapore Council of Women’s Organization (SCWO), Young Women Muslim Organization (PPIS) and Association of Women for Action and Research (AWARE).