The COVID-19 (Temporary Measures for Solemnization and Registration of Marriages) Bill was passed in the Singapore Parliament on 5 May 2020 to allow civil and Muslim marriage solemnisations and registrations to be conducted using video link. All solemnisations conducted in this manner will bear the same validity as in-person solemnisations.
Currently, the Administration of Muslim Law Act (AMLA) requires marriage processes to be done in person. Couples have to verify their documents and make statutory declarations in the physical presence of a Commissioner for Oaths. Muslim marriage solemnisations must be conducted in person, in the presence of the Kadi/Naib Kadi and the Wali as well as witnesses.
To reduce the risk of COVID-19 transmissions, marriage solemnisations were postponed during the circuit breaker (lockdown) period.
With the Act, couples where at least one party is a Singapore citizen or permanent resident will be able to verify documents, make statutory declarations and have their marriages solemnised via a video link. Couples with foreign-issued documents will, however, need to verify their documents and make statutory declarations physically. The video link option will be extended to more couples over time.
All parties involved in video-link solemnisations must be physically present in Singapore, in accordance with AMLA. The Office of the Mufti also confirmed that marriages conducted through video link are equally valid under Islamic law, so long as all the conditions for a nikah (marriage contract) are satisfied. The Office of the Mufti has issued an irsyad, which notes:
"In
principle, the use of videoconference for marriage and divorce
proceedings is an administrative arrangement that does not affect the
validity or otherwise of such proceedings. The Fatwa Committee issued a
fatwa in 1999 which permits the use of videoconferencing methods to
discuss the wife’s divorce application and to verify the husband’s
pronouncement of divorce in prison, without the need for the husband to
appear in court.
"In
view of current circumstances where safe distancing must be observed to
contain the spread of COVID-19, the Office of the Mufti is of the
opinion that solemnisers at the Registry of Muslim Marriages (ROMM) may
solemnise marriages via video conference if the need arises, as long as
they can ensure that all the conditions set out under Islamic law on the
validity of the nikah are fulfilled. These include
ascertaining the identities of all parties involved and that there are
no objections and/or impediments to the nikah as recognised under Islamic law."
To ensure that necessary safeguards are in place under the new law, the Registrar of Muslim Marriages will have the discretion to decide which couples may use the video-link process to verify documents and make statutory declarations
The Act will be implemented in the second half of May 2020.