Singapore is a melting pot of different cultures and religions. Muslim people comprise 15.6% of the population, as per the 2020 data. They are the third-largest religious group in the small island nation. Singapore is secular or not bound by religious beliefs in governing the people, but in its constitution, respect for and equality among different faiths are enshrined.
This respect allows a hybrid application of civil and syariah law to people who are adherents of Islam. Different nations with Muslim communities have their own approaches to the method and extent of incorporating Islamic law into the lives and binding obligations of individuals. A Syariah lawyer in Singapore who thoroughly studied Islamic principles is entrusted with the responsibility to try and settle disputes concerning family matters between Muslim parties.
Unfortunately, there’s a thick swirl of stigma and misconceptions surrounding Syariah law. The myths usually come from a lack of understanding and Muslim misrepresentation. Hence, by taking time to learn and grasp the concept, one would eventually realise the nuances behind the principles and values that constitute Syariah.
What is Syariah law?
Syariah translates to “the right path” in Arabic. It essentially means the law or principles that will guide you to righteous living and lead you closer to God. It encompasses different aspects of a Muslim’s everyday life and actions. The Quran is the primary source of Syariah. It is considered the direct word of God from which values and principles are derived. Now, secondary sources also make up Syariah law and they vary between the main schools of Islam and other local customs of a country. The large part that secondary sources take up in forming Islamic law means that Syairah is chiefly a tradition that stems from the interpretation of Muslim scholars.
A Muslim law in Singapore, particularly the Administration of Muslim Law Act of 1966, established and defined the powers of three important Muslim institutions, including the Syariah Court. Through this act, Muslims in Singapore are afforded fair trials that facilitate and uphold the execution of justice as outlined in Islamic law and principles.
Common misconceptions
- Syariah law is more than a legal system
Syariah law is perhaps often misunderstood because of the word “law” attached to it, which suggests matters of civil or legal concern that fall into the hands of a Muslim lawyer in Singapore. But law can also mean rules, principles, or standards that define and guide behaviours and occurrences. Such is the case with Syariah law. Therefore, it is not merely about policies and regulations. Instead, it can be better explained as a way of life. It is a comprehensive guide on spiritual, mental, and physical behaviour that categorises human conduct into actions that are obligatory, recommended, permitted, discouraged, and forbidden according to Islam.
- Syariah law is not all about criminal punishment
One of the most common, and unfortunate, myths about Syariah law is that it all revolves around a barbaric punishment system. However, Syariah law is not a penal code but actually a moral code. As explained in the previous paragraph, it directs a man’s act to conform with the divine will of Allah. As a Syariah lawyer in Singapore would tell you, the objective of Syariah is not to punish, but to encourage and discourage certain behaviours. Instead of punishing, it tells a man how to act and not to act in order to maintain a righteous life. Punishments are not a central theme but are merely means to uphold justice and the objectives of Islamic values.
- Premarital sex is punishable by stoning
Premarital sex is considered a sinful act in Islam, but it’s not punishable by stoning. In fact, the Quran, which is the primary source of Syariah law, makes no mention of stoning as punishment for such an act. Furthermore, this form of brutal punishment is not legal in most Muslim countries. In a secular nation like Singapore, engaging in sexual activities out of wedlock is not punishable by law and is not subject to trial before the Syariah court as defined in its codified jurisdiction. The Islamic law is only applied in matrimonial disputes, so expect that a Muslim law firm in Singapore can help you with divorce, child custody, and inheritance.
- Syairah law is the same in all Muslim communities
Another misconception is that the principles and application of Syariah law are the same in all Muslim communities. Take note that the primary source, the Quran, is the same, but secondary sources, which include interpretations of scholars and local customs, vary between Islamic schools, giving rise to differences. This means that it’s necessary to consult a Syariah lawyer in Singapore when resolving a dispute that has occurred and is registered in Singapore.
Syariah law and justice in Singapore
Syariah law is a way of life and not a punishment system. Most of the myths and misconceptions about Islam are rooted in a lack of understanding; hence, learning and sharing knowledge about the nuances of Muslim culture is important. Consult a Syariah lawyer in Singapore to settle your concerns about matrimonial disputes in a way that’s approved by Islamic values and principles.