ADMINISTRATION OF MUSLIM LAW (AMENDMENT) BILL

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ADMINISTRATION OF MUSLIM LAW (AMENDMENT) BILL: Order for Second Reading read.

3.02 pm

The Minister for the Environment and Water Resources and Minister-in-charge of Muslim Affairs (Assoc. Prof. Dr Yaacob Ibrahim): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

AMLA and previous amendments to AMLA

Sir, the Administration of Muslim Law Act, or AMLA, enacted in 1968, provides

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for many facets of Muslim life in Singapore today. This includes the establishment of key Muslim institutions, such as the Majlis Ugama Islam Singapura (MUIS) to administer the religious life of Muslims here; the Registry of Muslim Marriages to handle Muslim marriages; and the Syariah Court to deal with Muslim divorces and related matters, and the issuance of inheritance certificates for estates of deceased Muslims.

Proposed amendments

Sir, today we seek to amend AMLA to improve the quality of life for the Muslim community in Singapore and to strengthen our key institutions. There are several social trends that the community is facing. First, the divorce rate in the community continues to be high, especially for marriages involving minors. Second, there is a growing number of reconstituted families, which are created when divorcees remarry. The statistics show that such marriages are more likely to end up in divorce, and the children inevitably will suffer. Third, Muslim women are facing difficulties in claiming maintenance from their husbands, especially upon divorce.

The proposed amendments will support the Singaporean Muslim community as it strives to be a progressive and responsive community that will be a blessing to all. In a series of dialogue sessions since June this year, I have consulted many community leaders on the proposals and incorporated their suggestions where possible. Our media reported the proposals on the MBMF widely and encouraged public discussion and feedback. I also raised it in my Hari Raya Message as well as my Hari Raya Get-Together Speech. I am heartened by the broad-based support for the proposals. Allow me now, Sir, to describe the key features of the Bill.

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Raising the minimum Muslim marriage age

In March this year, I had announced a proposal to raise the minimum Muslim marriage age during the Committee of Supply debate. This was a result of extensive studies we conducted on the trends of divorce. We had studied divorce rates in the community by cohort; that is, by following marriages contracted in a certain year, and looking at what happened to them five, 10, 15, 20 years down the road. The statistics were clear. Minor marriages, that is, marriages where at least one party was below 21 years old at the point of marriage, were about 2.5 times more likely to end up in divorce than marriages involving adults. The problem was worse for marriages involving under-18 minors. We found that they were 3.5 times more likely to end up in divorce after just five years of marriage compared to adults. More than one-third of marriages involving those under 18 years end up in divorce within five years of marriage. The data, coupled with psychologist reports that indicated that minors were typically unprepared for marriage, indicated to us that there was a need to send a strong signal to the community that minor marriages should be discouraged.

Sir, we therefore propose to raise the minimum Muslim marriage age from 16 to 18 years. The minimum age of 18 years will be consistent with the minimum marriage age for non-Muslims under the Women’s Charter. There are only about 100 such marriages every year. Thus, the impact of this move is in its signalling effect rather than preventing under-18 marriages from occurring, because those who are below 18 years of age can still marry with a special licence from a Kadi who solemnises Muslim marriages. This special licence is not new. It is already in place for Muslims wishing to marry under the current minimum age of 16 years, and there is a similar practice for non-Muslims

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under the Women’s Charter, where the Minister for Community Development, Youth and Sports approves the special licence after reviewing the couples’ reasons for marriage and psychologist reports. Sir, we will fine-tune the special marriage licence process for underaged Muslim applicants to be in line with the process for non-Muslim underage marriages. These procedures will help address concerns raised by some asatizah or religious teachers that this Bill may restrict Muslim rights, because Islam permits marriage upon reaching puberty. In fact, several Muslim countries have legislated a minimum marriage age that is at least on par with, if not stricter than, our proposal today. For example, in Morocco, the minimum marriage age is 18 years for both females and males; while in Algeria, the age is 18 years for females, and 21 years for males.

The proposal to raise the minimum marriage age is not intended to be a 'cure-all', nor will it replace existing programmes to address teenage sexuality issues. It will serve to complement existing programmes by giving parents and caregivers more influence when advising teenagers against marriage. On top of programmes in schools, the Community Leaders’ Forum has initiated supplemental programmes, such as Family Excellence Circles for parents to share best practices, and the Cool Teens programme for teenagers and their parents. MUIS is also doing its part by including a sexuality education component in their aLIVE religious education programme for teenagers offered in our mosques. Sir, I am pleased to note that the Muslim community has taken ownership of the teenage sexuality problem. And I am hopeful that the efforts will bear fruit in the near future.

In relation to marriages, I would like to highlight two technical amendments to

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the Act. The first is the removal of the provision requiring marriages to be solemnised in the daerah masjid , or mosque compound, of the bride, as it is no longer relevant today. Second, we propose to remove the provision allowing the Registry of Muslim Marriages to register marriages between Muslims and the kitabiyah , or People of the Book. This is because the Registrar of Muslim Marriages only registers marriages where both parties are Muslims.

Improving the enforcement process for Syariah Court orders

Sir, let me move on to another key amendment, which deals with the enforcement of Syariah Court orders. In 1999, AMLA was amended to allow the enforcement of Syariah Court orders in the District Courts.

Since then, we have received feedback on how the enforcement procedure for Syariah Court orders could be streamlined further. Here, I would like to express my gratitude to the Muslim Law Practice Committee of the Law Society of Singapore, or MLPC. The MLPC had conducted a comprehensive study based on their experience on the ground with their clients. We have studied their recommendations, and have accepted some of them.

First, Syariah Court orders will no longer need to be registered at the District Courts before they can be enforced by the District Courts. Currently, this is an additional step that Muslims have to go through to enforce their Syariah Court orders in the District Courts. The MLPC commented that the registration process is mostly administrative, and it is time-consuming and costly for their clients. After studying the issue with the District Courts and the Ministry of Law, we found that it is possible to remove this

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registration process. This means that Syariah Court orders will henceforth be treated as District Court orders for the sole purpose of enforcement. With this move, Muslims can save both time and money if they need their Syariah Court orders enforced in the District Courts.

Second, Sir, we propose to define Syariah Court orders for nafkah iddah and mutaah as maintenance orders solely for the purpose of enforcement. For those unfamiliar with the terms, nafkah iddah refers to the maintenance payable to the ex-wife under Islamic law, and mutaah is a consolatory gift to the ex-wife upon divorce. Currently, there is no straightforward enforcement mechanism for the breach of Syariah Court orders for nafkah iddah and mutaah . The Family Court has a separate mechanism which allows divorced women to claim unpaid maintenance against their errant ex-husbands easily. Defining orders for nafkah iddah and mutaah as maintenance orders will allow Muslim women to use this mechanism.

Appointing a Deputy Registrar for the Syariah Court

Sir, in a related amendment, we propose to appoint a Deputy Registrar for the Syariah Court. This is not because there is a backlog of cases at the Syariah Court. Rather, it is to enable someone to cover the Registrar’s duties during her absence. Currently, when the Registrar is absent, a Syariah Court President covers her duties. Any appeal of the President’s decisions in his capacity as covering Registrar would have to be heard by the Appeal Board, which is relatively inconvenient. If a person other than the President can cover as the Registrar in her absence, any appeal of the covering Registrar’s decisions can then be heard by the Presidents. This amendment will allow the Deputy Registrar to exercise the powers and duties of the Registrar, where necessary. In addition, Sir, we propose to

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give both the Registrar and the Deputy Registrar the power to appoint hakam , or arbitrators, as this need not be done by the Presidents.

We will also take this opportunity to remove or amend several antiquated provisions relating to the Syariah Court. First, we will remove the Syariah Court’s power to issue a Warrant of Seizure and Sale against the property of the defaulting party. This has not been used since 1999, because the Subordinate Courts can do this and the Syariah Court should not duplicate such powers. Second, we propose to remove any mention of divorce by Kadis as they no longer handle divorces. All divorces, Sir, now go through the Syariah Court. For the same reason, we will replace the provision requiring husbands who utter talak outside court to report it to a Kadi, with a provision requiring them to report the talak to the Syariah Court. Under Muslim law, talak means 'to untie the matrimonial knot by articulating a word denoting divorce'. Often, talak is uttered in the heat of anger, or over trivial issues. As such, we strongly discourage this practice.

Internationalising MUIS

Sir, let me now turn to amendments to strengthen MUIS. We propose to widen the scope of MUIS’ powers so that MUIS can share its expertise overseas. MUIS has received many requests to share its expertise in areas under its purview – from its development of wakaf properties to the religious curriculum of its aLIVE programme. It is a great source of pride for the community to see MUIS gain the reputation that it deserves overseas. This is in line with the Government’s initiative to export public sector expertise. It may also generate revenue that can fund MUIS’ programmes back home.

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Enhancing deterrence against breaching halal regulations

Another amendment related to MUIS is to make it explicit in AMLA that individuals behind corporations, as well as the corporations themselves, can be prosecuted if they misuse MUIS' halal certificate or mark. Currently, AMLA does allow for this, but as Justice V K Rajah rightfully pointed out in a High Court case in 2006, the way AMLA is worded technically does not allow for the prosecution of corporate officers. This is because it is the corporation that commits the offence, not the individuals holding office in the corporation’s management. Thus, these individuals cannot be prosecuted. The maximum fine is $10,000, which may not be strong enough a deterrence, especially for large corporations. The Bill will make it explicit that individual actors behind the corporations may be prosecuted as well, and may face imprisonment of up to 12 months as a result. I thank Justice Rajah for his astute observation and suggestion that AMLA be amended. I believe every Muslim in Singapore will take comfort in knowing that the authorities take a serious view of a matter that is important to all Muslims.

Allowing MUIS to compound lesser offences

Another minor amendment involving the enforcement of MUIS’ regulations is to allow MUIS to compound lesser offences. The benefit to MUIS is that it need not go to court every single time to enforce its regulations. This is a power enjoyed by many regulatory authorities, and MUIS will exercise it judiciously.

We also propose to amend AMLA so that the Mufti may recuse himself from the Fatwa Committee, or Legal Committee, in situations where he has a conflict of interest. When the Mufti has been summoned to court to give his

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opinion or evidence relating to Muslim Law, we propose that he be allowed to certify his opinion to the court or appoint someone to appear on his behalf unless the court directs otherwise. This is because fatwa rulings are made in the name of MUIS, not the Mufti, and thus, where appropriate, it need not necessarily be him who has to appear in court. This provision will be used sparingly, and only with good reason.

Reviewing the Mosque Building and Mendaki Fund

Sir, let me now explain the need to revise the Mosque Building and Mendaki Fund, or MBMF. The MBMF facilitates Muslim employees to make regular, monthly donations towards mosque building. Established in 1975, it was expanded in 1984 to inject Mendaki with much-needed funds to run some of its programmes. Contribution rates to the MBMF were last raised in 2005 to address the cost and future needs of the mosque building programme.

In just 33 years, the MBMF has helped the community to build 22 new mosques in the satellite towns - no small feat considering the small size of the Muslim community in Singapore. The funds channelled to Mendaki have benefited over 153,000 students in the tuition programmes to date.

There are no plans to build more mosques in the near future, after the Al-Mawaddah mosque is built in Sengkang and another in Punggol, as no new housing estates are being built. There is, however, a need to upgrade older mosques to meet our community's needs. Some mosques that were built in the 70s and 80s are in urgent need of refurbishment or are no longer able to serve their communities well.

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Sir, I recently visited Al-Ansar Mosque in Bedok, which was built in 1981. The visit left a deep impression on me, and I am now more convinced of the need to upgrade the older mosques. Let me use Al-Ansar as an example. Al-Ansar is located on a slope, and its main prayer hall is located on the upper floor. Bedok is now a mature estate with an increasing number of senior citizens. Many of the elderly congregants have great difficulty climbing the flight of stairs to reach the main prayer hall. We will need to build a lift or escalator to enable them to do so. There are also frequent roof leakages which are costly to repair. We will need to perform extensive renovations on the dome just to solve this problem.

Needs like those of Al-Ansar are not uncommon among MBF mosques built during the first and second phases, some of which are more than 30 years old. There is also a need to make such mosques as user-friendly as possible, given their expanding roles and functions. While their fundamental role is still as places of worship, mosques now play a part as centres for Islamic learning and social development. For instance, our mosques offer religious education programmes, and disburse financial aid to needy families in their neighbourhood. To cater to these functions, our mosques need to make their premises family-friendly, youth-friendly and community-friendly.

There is great difficulty in raising funds for mosque upgrading, which mosque volunteers are acutely aware of. During my consultations with Muslim community leaders, Haji Rahmat Sulaiman, a veteran leader and mosque volunteer himself, shared with me his difficult experience in raising funds to rebuild the Hasanah Mosque in Teban Gardens in the 1990s.

AMLA currently does not allow MBMF to be used for mosque upgrading. Now

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that the mosque building is winding down, it is a good time to expand the usage of the MBMF for mosque upgrading. This will be restricted only to much-needed, large-scale ongoing and future projects to make our mosques more accessible and community-friendly. To ensure that the funds are directed to the most urgent needs, prior approval from MUIS has to be sought for each project. Mosques will continue to raise funds and pay for minor repairs and maintenance works themselves, as the MBMF will not be used for such purposes.

Mosque hardware alone is not sufficient to meet the needs of our community. It must be complemented by the 'software' of religious education. Religious education helps to inculcate moral values – especially in our young – thus, providing them with the compass for navigating through life's challenges. MUIS has developed programmes, such as the aLIVE programme, to teach our young Muslims to better understand, appreciate and practise Islam within the context of a multi-ethnic and multi-religious society such as Singapore. Besides upgrading the curriculum, we need qualified and well-trained religious teachers like asatizah to convey effectively the learning points to our students. The same applies to our full-time madrasahs , whose educational standards we have been trying to improve. Such capacity-building efforts are critical, for which more resources are needed.

Religious education is a matter close to the heart of Muslim Singaporeans and we have received many good suggestions on how to fund it. Generally, the community agrees that there is a need for quality religious education programmes. Some have asked about the status of the Madrasah Fund, or Dana Madrasah, but this has not been as successful as the MBMF. The MBMF raises over $10 million a year compared to $1 million by Dana Madrasah. Some have commented that parents who send their children to

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madrasahs should bear the cost since madrasahs are private schools. I agree with this to some extent, and note that madrasah school fees will be raised starting next year to ensure that parents pay a bigger share of the costs. But there is a limit to how much and how fast fees can be raised.

Despite their private school status, madrasahs do not benefit only their students. The madrasahs produce religious teachers and scholars who will serve the entire community. Many of our top religious leaders such as Syed Isa Semait, the Mufti of Singapore, and Syed Ahmad, the Registrar of Muslims Marriages, had their early training in our madrasahs . With the MBMF funding, the madrasahs can improve the quality of education provided, and concentrate more on teaching their students well instead of fund-raising.

Last year, I announced the Joint Madrasah System (JMS) that will take effect starting in 2009. This is a significant initiative that will require considerable funding especially in its start-up phase, mainly to upgrade the skills of madrasah teachers. It is reasonable to apply much of the MBMF funds for religious education towards the JMS in the near future. In meantime, the MBMF funds will also be made available to non-JMS madrasahs and part-time madrasahs . MUIS’ current efforts to upgrade all full-time madrasahs , including non-JMS madrasahs , especially in their PSLE-related efforts, will continue. For example, MUIS estimates that about 206 out of 240 madrasah teachers would have been professionally trained by 2009 compared to only 11 before 2003.

Sir, I have described how the MBMF will build the hardware and software of the community. For a comprehensive approach, we must also step up our efforts on the social front, to enable the vulnerable families in our community to

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benefit from these changes as well. We have been studying the trends of dysfunctional families within the Malay/Muslim community with Mendaki and the Syariah Court for some time now. A more strategic approach will make a more demonstrable impact in tackling the problem, given its prevalence. Our findings suggested that there was a need to provide a more holistic intervention to help Malay/Muslim families facing a range of difficulties. This was the key thrust of the Action Plan to strengthen Malay/Muslim families announced at the Community Leaders' Forum last November.

Part of this Action Plan required expanding our reach to reconstituted families, given the prevalence of divorce and remarriages among Muslim divorcees. We need to focus on reconstituted families as they tend to face greater challenges. Currently, there is only one centre run by a Muslim organisation that provides support for such families, especially those from lower socio-economic backgrounds. Located in Ubi Avenue, the As-Salaam Family Support Centre run by the Young Women Muslim Association, or PPIS, can only reach 17% of such families. I visited them last month, and I was impressed by the good work of PPIS. There is a critical need to open a second centre to double our reach to such families and equip them with the necessary skills. It is important that we act quickly to prevent an intergenerational transfer of dysfunctionality to the children of reconstituted families. Thus, we propose to set aside an additional $300,000 a year from the MBMF for all our programmes for dysfunctional families, including the new PPIS centre. This will relieve some of the burden of fund-raising for these programmes and complement Government efforts to tackle this problem.

To provide greater funding to Mendaki to tackle the problem of dysfunctional

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families, together with its Community Leaders Forum partners, and to fund the two new components of mosque upgrading and religious education in the MBMF, we have found it necessary to ask for the contribution rates to be revised. The timing of this rate increase is not ideal, given the uncertain economic climate and inflation. But this is the best time to act. A delay will compromise the community’s efforts and ultimately the long-term health of the community. The details of the proposed increase in contribution rates are already in the public domain. We have suggested a more equitable approach, where the lowest income band will not be affected by the increase, and the increase is larger for the higher income bands. I have sought the support of our community leaders to explain the need for the increase to their constituents, and I trust that the community supports the changes.

Sir, to conclude, at the core of these proposed amendments is the goal to uplift the Muslim community. We are proposing amendments today that will safeguard the well-being of members of the community who face greater challenges, such as minor couples, divorced women and their dependants and dysfunctional families. We are proposing amendments to strengthen our key institutions, such as MUIS and the Syariah Court. And we are proposing amendments to build the hardware and software of the community through mosque upgrading and religious education. The decisions we make today will benefit future generations, who will appreciate us for the sacrifices and difficult choices that we have to make, and the good work that we do to create a better environment for them. Sir, I hope the House will join me in supporting these key efforts in uplifting the Muslim community.

Sir, I beg to move.

Question proposed.

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3.25 pm

The Senior Minister of State for Foreign Affairs (Mr Zainul Abidin Rasheed): Mr Speaker, Sir, with your permission, may I say Assalamualaikum . In today's world where Islamaphobia is still a problem that needs careful and sensitive handling, I am proud to say that we are able to discuss key and pertinent issues of the Administration of Muslim Law Act, or AMLA, without fear and prejudice. Indeed, with an open mind, free of the cobwebs of racial and religious discord present in many places in the region and in the world. I see the management and, worse, mismanagement of the issue of the administration of Muslim Law in the world as a possible time-bomb in many parts of the world, where Muslims live as siginficant minorities or even as majority population.

Many non-Malay non-Muslim MPs here might take this AMLA Amendments as a Bill of interest as though to the Muslim community only, but it is worth noting that it has important and far-reaching significance to Muslim Singaporeans and beyond.

For sure, we are familiar with the branding "Uniquely Singapore" in terms of tourist attraction. Every year about 10 million tourists visit our Singapore for its varied attractions, including the racial and religious harmony we live with and which forms part of our branding. Members might still remember how I describe "secularism with a soul" as uniquely Singaporean, our own style of racial and religious harmony. The Administration of Muslim Law Act (AMLA), first enacted in 1968, provides for the establishment of MUIS to administer Muslim affairs, the appointment of the Registrar of Muslim Marriages (ROMM) and the establishment of the Syariah Court, and it is indeed a unique feature that reassures the Muslim community that its religion, Islam, and

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their Muslim way of life, have their rightful place in plural Singapore.

Mr Speaker, Sir, you yourself have been our Minister-in-charge of Muslim Affairs, and had been instrumental in initiating the process of earlier AMLA amendments. I would like to take this opportunity to congratulate the current Minister-in-charge of Muslim Affairs, Dr Yaacob Ibrahim, for taking these new initiatives, the second during his term, to introduce new amendments to ensure that AMLA remain relevant and effective. I do not need to emphasise the challenges faced by the Malay/Muslim community in the context of an ever-progressive Singapore, what more, in the context of our globalised world. The Malay/Muslim community has made credible strides to uplift in tandem with mainstream Singapore. Yet much more awaits in terms of meeting the challenges of the future and the community needs to streamline its machinery and enhance its programmes.

The AMLA amendments today spell out the areas which need the community's urgent attention. They speak volumes of the challenges the community faces and without these amendments, the efforts to overcome them can be made a lot more onerous.

As spelt out by Minister Dr Yaacob, the amendments would help strengthen family-related matters – raising the minimum marriage age for Muslims from 16 to 18, strengthening powers of the Syariah Court Orders, redefinition of maintenance for better protection of wives – and widen the scope of MUIS work related to Halal certification, wakaf and haj services. These are amendments in the right direction.

AMLA has been amended twice before in 1999 and 2005. I applaud these moves and would like to recommend that the community should not feel shy of further

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amendments, if and when necessary. Perhaps the Minister could look into the need for a mechanism to allow periodic scrutiny of AMLA and to allow MUIS and other AMLA-related agencies to be proactive in facing changes and challenges of the future.

Allow me, Sir, to focus on the amendment related to expanding the Mosque Building and Mendaki Fund (MBMF). I support the move to include the upgrading of old mosques in the MBMF and also the funding of religious education. With more uses envisaged, it is only right that the amount collected from Muslim workers should also rise. They make sense and is a logical progression to what we have achieved thus far. It is more than icing on the cake. It is like adding raisins and almonds to the cake of community development. I feel hungry already. [ Laughter. ]

I remember when the MBMF was first introduced in 1975 to replace mosques torn down because of resettlement and to build new mosques in HDB satellite towns, there was a lot of unhappiness. It started with a contribution of just 50 cents per Muslim worker, collected through the CPF check-off machinery. This is something which was done, courtesy of our secular Government. It was not because of the amount, but trust was not there then. Some felt that the Government should pay for the mosques redevelopment, while others felt that the budding MUIS needed time to gain trust of the community then. But after a number of the new mosques were built, and the community could see for themselves the products of those contributions, confidence grew and trust began to be felt, so much so that when the call for more contributions was made, a vast majority responded positively.

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In 1984, the fund was enlarged to include contributions for Mendaki. This, to me, was a milestone as it was an important signal to the Muslims that their contributions and 'investments' should not only be made for the mosques – which many consider for purposes of hereafter – but also for their children's education, a call which began to be more pronouncedly felt in the '80s and '90s, especially with the formation of Mendaki.

Mr Speaker, Sir, with your permission, I would like to speak in Malay.

(In Malay) : [For vernacular speech, please refer to Appendix A.] Sir, allow me to take this opportunity to thank everyone who has facilitated the work of Mendaki and all Malay-Muslim organisations for their efforts to improve the performance and prestige of the Malay-Muslim community. Allow me also to applaud the noble efforts of Mr Haji Mansor Sukaimi, former Member of Parliament for Kembangan, who passed away recently. He was among those who pioneered the setting up of Mendaki, and strengthened the efforts of our community towards excellence.

I support the proposal to amend AMLA to increase this contribution, both for redevelopment and upgrading of mosques, as well as for the needs of the madrasahs . After we had built 23 beautiful mosques in the HDB areas at a cost of almost $120 million, it is time now for MBMF to be used also to upgrade the existing mosques. It is especially important to uphold the good reputation of the existing mosques, because the eminence ( syiar ) of the religion emanating from the mosques will not be preserved, if these mosques are not maintained and upgraded. If most Singaporeans want upgrading for their lifts and HDB flats, certainly mosques must not be left out. The inclusion of this effort as part of MBMF will enable this project to be implemented successfully and smoothly.

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Dr Yaacob also mentioned the development of Al-Ansar mosque. I myself was involved in the mosque building committee of the Al-Ansar mosque and we know how difficult it was to raise funds for the construction of this mosque. This mosque certainly needs upgrading. So, with the inclusion of this need into the amendment on AMLA, I am sure that this project can be carried out successfully. The incorporation of funding for religious education development under MBMF is most heartening to me. Although there are parties who will question the need, whether in terms of the number of students to be assisted, or in terms of a secular government allowing MBMF to be used for religious education, I think it is once again an example of how unique Singapore is. If the future of the madrasah education system is questioned by many around the world, whether it will be a breeding ground for terrorism, we in Singapore want our religious education system to succeed. Although the number of students who will benefit from this MBMF funding will be limited – which is 400 per year or 4,000 students generally – their impact on the religious lives of Muslims in Singapore is huge.

I fully agree with what Dr Yaacob said – that religious education is very near and dear to the hearts of the Muslims here. But, certainly, there will be other questions raised, through the feedback received, on the amendments to the Act, not just why we should include funding for the madrasah , but also the amount of increase proposed, especially in difficult economic times. But I am sure that if this can be explained and clarified, most of the Muslims in Singapore will support it. And this, certainly, is for our common benefit. I see MBMF as a public wakaf system or "people's wakaf " (people's endowment trust) that we must ensure its success together.

If in the past, we had rich people who put aside their land or money for the

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building of mosque and madrasah , in this modern and sophisticated age where we have a fund-raising mechanism like the CPF, the MBMF should be maintained and further improved to fulfill the needs of a society that changes with the passage of time.

I have only one suggestion, Mr Speaker, Sir, that MUIS continues the effort to reach out to the community through its briefings, and use the available communication systems, including Friday sermons, to spread the message so that more of the community will fully understand the reasons behind these amendments. This important amendment needs not only the support of the Parliament but, most importantly, it must have the blessings and be embraced by our community.

*Cols. 849-852.

Mr Speaker: Order. I propose to take the break now. I suspend the Sitting and will take the Chair again at 4.00pm.

Sitting accordingly suspended

at 3.40 pm until 4.00 pm.

Sitting resumed at 4.00 pm

[Mr Speaker in the Chair]:

ADMINISTRATION OF MUSLIM LAW (AMENDMENT) BILL: Debate resumed.

Mr Zainudin Nordin (Bishan-Toa Payoh): Mr Speaker, Sir, thank you for allowing me to join in the debate on the Administration of Muslim Law (Amendment) Bill.

Sir, I think all of us are well aware of the interesting, exciting and challenging times that we are living in. The amendments proposed to the AMLA Bill are necessary and timely. The Bill has to be current and relevant with the time,

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societal changes and challenges. In the current complex world, the family as a basic building block of society is often stretched and stressed. Parents are often at a loss on how to cope. We have seen often enough the problems faced by matured couples, not to mention the daunting challenges faced by young couples. This is more so for minor couples.

Sir, families, as the basic social institution in a community, play a pivotal role in contributing to raising healthy responsible members of society. Family breakdown and the social isolation of some families contribute to social problems in many communities. Sadly, Sir, the fragmentation of family life and the emergence of high number of broken and dysfunctional families are all too often the result of minor marriages. To put it simply, they are just not ready and prepared for marriages.

In a secure, nurturing home environment and healthy family life, the individual can naturally develop his or her sense of self-worth, sense of belonging and sharing, self-control, tolerance and a sense of morality and, not least in importance, cultivate feelings of affection and willingness to sacrifice for others. Numerous studies have proven that dysfunctional family conditions contribute to future delinquency. Dysfunctional family members, especially children, are deprived from developing into rounded human beings. Ultimately, a broken nuclear family with no real support impacts the society negatively. It is almost certain that without support, the broken and dysfunctional family problem will perpetuate into the next generation, the vicious cycle of fragmented families will continue and the problem can never end. We should tackle this problem before it happens, upstream.

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Recognising that the issue of teenage sexuality, minor marriages and dysfunctional families have become the new social menaces that plague our community, we have to ask ourselves: have we done enough to tackle the problem and what more can be done to cause real change and positive impact? Thus, the proposed amendment to increase the minimum age for Muslim marriages from 16 to 18 is a welcomed change that is necessary to address the challenges that I have mentioned earlier. Honestly, Sir, I would prefer for the change to be more significant, that is, to move it to the age of 21.

Sir, in conclusion, strong and stable families will build strong community and society, and it is, in my opinion, a crucial building block for the advancement of the Malay/Muslim community. Though the proposed changes are not going to be a panacea to the issues of teenage sexuality, minor marriages and dysfunctional families, it will definitely assist in minimising the formation of such family.

Sir, I support the Bill.

4.04 pm

The Senior Parliamentary Secretary to the Acting Minister for Manpower and Minister for Health (Mr Hawazi Daipi): The Administration of Muslim Law (Amendment) Bill (the "Bill"), read for the Second time today, essentially seeks to strengthen Muslim families and institutions. I rise to support the Bill and would like to give my comments on some key areas of the Bill.

The first area is expanding the powers of the Islamic Religious Council of Singapore ("MUIS"). The expanded powers of MUIS contemplated by the Bill benefit Singapore and its Muslim community as it serves as a funding source for more and better quality services and programmes by MUIS.

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The provision for MUIS to receive compensation for its products and services is a timely amendment, and allows MUIS to leverage on the know-how in selected key areas, for example, halal certification, wakaf property management and possibly also expert knowledge in Islamic banking and finance matters. These are areas in which MUIS can offer meaningful services to similar organisation in other Muslim communities in other countries. The provision of products and services by MUIS would facilitate the generation of funds that can be channelled to finance the development of community programmes and activities, for example, the offering of more scholarships to develop expertise in areas such as legal, finance and the sciences.

The second area is recognising Syariah Court orders as District Court orders. This amendment is a long time coming. Currently, the Syariah Court order on its own does not stand as an enforceable court order and has to be registered at a District Court to be enforced. With the amendments introduced by the Bill, parties wanting to enforce a Syariah Court order would no longer have to go through a registration process at the District Court. The enhanced power of the Syariah Court and the resulting costs and time savings of registering a Syariah Court order are not only welcomed for its ability to raise the standing of the Syariah Court as a court of law, but for its ability to improve access to justice.

Nonetheless, power generally entails responsibility and this should be no exception. The Syariah Court has to operate at the highest level of efficiency and transparency on par with the District Court. For the Syariah Court to be viewed on par as the other components of Singapore’s judicial system, it is important for the Syariah Court to seek ways to improve its administrative processes and the quality of the legal services it

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dispenses. I will highlight three areas to consider.

First, the publication of the written grounds of decisions of the Syariah Court and the Appeal Board. The written grounds of decisions of the Syariah Court and the Appeal Board are not easily available to the public. I understand that the Syariah Court keeps a file of its written judgments as well as the Appeal Board’s in hard copies in its premises. However, these judgments are not published in a book form, and are not available to the public online, or on the MUIS/Appeal Board or Syariah Court websites. I suggest that the written grounds of Syariah Court and Appeal Board decisions be easily made available to the public so as to enhance the transparency of the court and facilitate teaching and research. One way to do this is to upload the judgments on the MUIS/Appeal Board or Syariah Court websites.

Second, the time-line of the appeal processes. Currently, there is no deadline set for the delivery of a Syariah Court's written judgment to the Secretary of MUIS. This may potentially hold up the appeal process. It is worthwhile to fix a deadline for the delivery of Syariah Court's written judgments to MUIS. In this way, a litigant (or potential litigant) would have a better sense of how long the appeal process would take.

Third, ensuring that the Syariah Court is adequately staffed. As I mentioned earlier, it is important for the Syariah Court to seek ways to improve its administrative processes. To do this, the court needs to be adequately staffed. The appointment of a deputy registrar of the Syariah Court is to be welcomed, as it would lighten the existing administrative burden of the Syariah Court. However, it may not be enough to stop there. I would like to suggest that we investigate the workload of Syariah Court judges and

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consider whether there is a need to employ law clerks to assist the court with research and administrative matters. In addition, it is also important to plan for leadership renewal of the Syariah Court. I note that the key officers of the Syariah Court consist of officers who are retirees recalled for service or are close to retirement. It is imperative that we attract well-trained legal officers to serve the Syariah Court. As we all know, talent does not come cheap these days. In view of that, I think it is time we reviewed the compensation package of Syariah Court judges and other officers to ensure that we can attract promising young graduates to serve the Syariah Court.

The third area that I want to talk about is the liability of officers of corporate bodies for breaching regulations relating to halal and haj matters. This is another amendment that is a long time coming. This amendment corrects an anomaly in the current law, which makes only offending individuals (and not individuals responsible for corporate bodies) liable to a jail term.

In addition, the Bill empowers MUIS to collect fines of up to $2,000, instead of having to commence court proceedings. The new powers of MUIS to collect fines reflect the unique role of MUIS in a multi-racial, multi-religious society. It is significant that while Singapore Muslims are a minority of the Singapore population comprising of approximately 14% of the population, the Bill envisages MUIS, a body regulating Muslim affairs, having the authority to fine anyone or any corporation who disrespects Muslims by misrepresenting halal certification or breaching other matters. To me, this reflects the Singapore Government's commitment to fostering respect for important religious practices and safeguarding the interests of minorities in Singapore.

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Sir, I would like to speak on the fourth area of the Bill in Malay.

( In Malay ): [For vernacular speech, please refer to Appendix A.] Mr Speaker, this is regarding the expansion of the Mosque Building and Mendaki Fund (MBMF) to encompass the expenses of madrasah education and the rebuilding and upgrading of the mosques which are getting old. The Malay/Muslim community must support this effort because our community does not have many philanthropists who can give continuous support towards the various efforts to improve the progress and solve the problems of the community, including the institutions within the Muslim community.

Mosques and madrasahs are important institutions in the Muslim community and by contributing more to MBMF and widening its distribution, we will be able to enhance the performance of the madrasahs and its students, and the network for informal religious education in an informal way, and will also produce more religious teachers, leaders and administrators for the religious institutions in Singapore.

It is good that the Mosque Building and Mendaki Fund can be used to upgrade the mosque facilities because many of our modern mosques are beginning to show signs of ageing. However, I hope MUIS will consider building one or two more new mosques in the estates where there is a high Malay/Muslim population, for example, in Woodlands New Town, where I am the Member of Parliament. I received a lot of feedback from the residents who said that there is still a need for another mosque to be built. I hope MUIS will study and consider this proposal or feedback. Although we will use a larger part of the MBMF for the renovation of the mosques and the use of the mosques, I also hope that MUIS will evaluate whether there is a need to build of one or

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two mosques in the housing estates that need new mosques.

With that, Mr. Speaker, I support this Bill.

*Cols. 853-854.

4.13 pm

The Senior Parliamentary Secretary to the Minister for Education and Minister for Home Affairs (Mr Masagos Zulkifli B M M): ( In Malay ): [For vernacular speech, please refer to Appendix A.] Mr Speaker, I support the amendment to the Bill, especially on the usage of MBMF for religious education.

30 years have passed since the Fund was created. Who can imagine that a minority community with relatively less income, can collect more than $100 million and build 22 modern mosques that we can be proud of. Visitors are always amazed that we can build all those mosques based on sincere contributions and hard work by the Muslim community themselves, without receiving funds from overseas or the Government. This is the result of our community’s cohesiveness and our leaders’ quick and correct actions.

Mr Speaker, with the spirit and timely effort, and an effective method, we must overcome difficult situations faced by our madrasahs . If we used computer hardware as an anology to mosques, then our religious leaders are the content and software. And like a computer that cannot function without the best and latest software, the mosques and the Muslim community’s actions also cannot function effectively and according to the present time, without religious leaders or thinkers of a certain calibre. Hence, the Muslim community cannot be led to think and act according to religious and national needs, to face the challenges posed to Muslims everywhere. Similarly, a computer must be free from dangerous viruses. In short, when faced with religious issues, it is the religious leaders' job to be the software to

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guard and and guide Muslims to be a religious community which is not influenced by radical doctrines that can destroy our community and beloved country.

Thus, it is apt that the MBMF is also used to develop religious education for our children. Our Singaporean religious leaders must be aware of life in a multi-racial and modern society. I thank the Government once again for being concerned towards the needs of the Muslim community, by enabling and broadening the application of MBMF, through the CPF mechanism, and support not only its hardware but also its software.

Actually, the MBMF disbursement for religious education is not large. MUIS will spend $7 million towards madrasah needs, including this additional MBMF. This is a good improvement. I hope that with this disbursement, madrasah students do not have to collect donations every Friday at mosques around Singapore. However, the amount we receive, if this fund is given to full time madrasah students – 4,000 of them – will mean that each student receives $1,750, on average. This is still far lower than the allotment of $4,000 per student under the national schools.

Mr Speaker, Sir, the question is: what is the most prudent way to spend limited funds collected from our Malay/Muslim community for religious education purposes? Furthermore, we are not asking for Government funds, as we do not ask for funds to build our mosques, in line with the Government's policy. As stated by PM in his National Day speech, " Madrasah is not part of the national school system, so it is difficult to justify Government funding."

So, our community must be clear and wise about what should be achieved with a madrasah education system. Are our madrasahs an alternative education

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system to the national stream? Or maybe, for now, the fund should be disbursed to students who clearly have the ability and tendency towards mastering religious studies, and not be levelled with those who only want an alternative education system. In this matter, maybe we can use a Level of Service Framework, as put forward by Dr J D Treffinger. He explained that the rate of disbursement must be made effective at four levels, suited to the type of talent and tendency – a different disbursement rate for religious education for all, for many, for some and for the selected ones.

From one perspective, I hope MUIS will act wisely in disbursing funds to really talented students, with the potential to be the religious elite in our Malay/Muslim community. The funds received by these students must be sufficient to develop their potential to lead Malay/Muslims in Singapore.

From another perspective, for part-time religious students, parents must get assurance that their children's national education is strengthened with a system that can nurture moral and correct Islamic values, with a low cost. For those who want to further learn religious education with the part-time system, MUIS must create a similar system that can provide opportunities for those who are capable in the national primary schools, to enter the madrasah stream at Secondary level. This system is proven effective in countries like Brunei.

Finally, I hope MUIS and the madrasahs receiving the funds will be transparent to the community, whenever the fund is used. My bigger hope is that the people's MBMF fund will be used for religious education that is optimum, systematic and effective, so that we can see the rise of Malay/Muslim public who are generally moralistic, and also able to

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produce religious elites of international standing that we can be proud of, just as we are proud of mosques that were built with MBMF.

Mr Speaker, I support the amendments to AMLA.

*Cols. 855-858.

4.20 pm

The Parliamentary Secretary to the Minister for National Development (Dr Mohamad Maliki Bin Osman): ( In Malay ): [For vernacular speech, please refer to Appendix A.] Mr Speaker, I support the amendments to the Administration of Muslim Law Act (AMLA) that were proposed. I like to put forward some issues related to the proposed amendments.

Mr Speaker, the Malay/Muslim community has long been burdened by many social problems that slowed our community's development – from drug abuse to youth delinquency, teenage pregnancy and juvenile crime, to the problems of high divorce rates and poor and dysfunctional families. All these are often linked to the problem of the failure of the institution of Malay/Muslim families.

Why is this happening when our nation is still overcoming the challenge of globalisation and competition in the global arena? Why are Malay/Muslim youths still said to over-populate the drug rehabilitation centres? Why is the rate of divorce still high among Malay/Muslims compared to other couples from other communities? Some proposed amendments in the AMLA aim to strengthen our society’s system and social structure so that we can overcome these social problems.

I support the proposed amendments to increase the minimum marriage age for Muslim couples from 16 years to 18 years old. This sends a clear message that

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marriage at a young age carries a high risk. For example, figures show that 6.5% of Malay/Muslim marriages in 2007 involved women under 20 years old. At the same time, 20% of divorces among Malay/Muslim couples in 2007 occurred among women who married when they were under 20 years old. Among them, 67% have ex-husbands that were under 24 years old when they got married. Early marriages are not only high risk, but also bring a significant effect on the women involved, especially if she already has children.

Marriages at a young age also mean that they are likely to have low education. Often they are given the custody of their children after the divorce. With low education due to their young age, they usually have problems supporting themselves as single mothers. They depend on financial support through the child support payment from their ex-husbands. But we always hear complaints from the single mothers because many have difficulty receiving this child support payment. Many have to keep going to the courts just to get the money. This problem is worsening and another AMLA amendment aims to solve it. I support the amendment to clause 12 which proposes that each Syariah Court's decision be treated as the District Court's decision.

Mr Speaker, although the amendments to clause 12 may reduce the single mother's burden to get alimony from their ex-husbands, they still face another main challenge, that is, the ability of their ex-husbands to make the payment. Many of these ex-husbands are unable to give sufficient alimony. There are two reasons for this: first, insufficient income; and second, the economic situation being made complicated with the status of those who have remarried and have new responsibilities. Here I feel that the AMLA amendments do not give enough attention to the issue of the men's responsibility to play their roles after the divorce. I suggest

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to the Minister to study how we can continue to enhance the present system to increase the level of responsibility of these men.

Mr Speaker, the rate of remarriages among these men is also high. In 2007, 24% of Malay/Muslim's marriages involved men who have previously divorced. It means that if they have children from this marriage, and burdened by insufficient salaries or not being present in their children's lives, most likely they will be unable to play their roles as fathers to children from their first marriage, like paying alimony and child support.

What will happen to the ex-wives who were given custody of the children? Most likely, they will remarry again. One reason is that they need someone to rely on. In 2007, 25% of marriages involved women who had previously divorced.

Mr Speaker, for 2007, I found that around 1,450 marriages occurred when one partner has divorced before, and among them, 40% or 560 couples are couples where both partners have divorced before. Such families are called reconstituted families and many social workers find that such families are high risk as the dynamics within the families are too complex and difficult to handle.

I admit that not all reconstituted families are problematic but figures related to problematic youths, school dropouts and so forth show that they come from the reconstituted family structure, where there are divorces, remarriages and sometimes also re-divorces. The result is unstable households and families. I have met a young grandmother who has married thrice. She said that her eldest child has seven children from four marriages and divorces. The eldest son of that child is in the Singapore Boys' Home while the second one is in the Singapore Girls' Home. The third child is already not

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schooling at 13 years old. We often see this scenario among Malay dysfunctional families. What must we do?

Mr Speaker, recently there is the issue of whether Malay men are considered to be the main cause of social problems among Malay/Muslims. The issue is the responsibility of these men in the institution of family, and their ability to play their roles as the leader and pillar of the family. This means that it is important for us to strengthen the men by increasing their skills to overcome challenges in marriages and families.

And for those who are divorced, the message is that their responsibility as fathers does not end at the point of the divorce. In fact, their responsibility will continue even though they have divorced or married again. Paying the alimony is only one of their roles. Their role as fathers, leaders and so on must be continued. But often we find that they failed to play this role after they remarried. Thus, we have to think of strategies to overcome this issue - how we can ensure that the men continue to play their role effectively after the divorce.

Mr Speaker, I feel that the community must also play an important role in this issue. We must send a clear message to the men that they must not conveniently take the decision to remarry after their divorce, if they are unable to pay child support for their children from their previous marriage. Maybe an assessment system can be created to ensure that men who want to marry again must show their ability to continue fulfilling their children’s needs. We need a long-term plan to ensure that the future of these children from the divorces continues to be secure, and we halt the process of dysfunctional families in the next generation.

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Regarding the MBMF that was changed, this Fund is disbursed for social programmes that are being coordinated by Mendaki. There are segments of the community who asked why the MBMF must be raised and used for Mendaki's social programmes. I feel that we all agree on the importance of the Fund to be channelled into programmes that aim to overcome the social problems of the Malays. We will continue using national resources but the provision of the MBMF for these programmes also demonstrates to the Government and other races that the Malays are also concerned, responsible and want to contribute towards the process of overcoming our own community's social problems.

In the Action Plan to Strengthen Malay/Muslim Families that is being coordinated by the Community Leaders' Forum, we need funds to implement new programmes, like the one detailed by the Minister previously.

Mr Speaker, while distributing resources to overcome the Malays' social problems, one of the challenges we face is how the resources are used. Overcoming this social issue is a complex process and needs special expertise. Engaging and helping dysfunctional families with multiple problems, like pregnancy, juvenile delinquency and heads of family in jail, is not something that can be done by a volunteer who is sympathetic and wants to help. It needs the skills of a trained professional social worker. The process of helping these people with problems needs a systematic assessment and comprehensive action plan. These trained experts need a lot of resources. Many think that social workers do not need high salaries as it is their job to help the community. Some also feel that such work can be done by volunteers. But the fact is that we need expertise and a lot of resources to implement social programmes that aim to overcome our community social problems.

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We also have to create proactive programmes to encourage more young people to participate in social work and make it a career. Our community really needs these professional workers. The number of Malay/Muslim social workers is too little to meet the community's needs. We will still need funds to create the programmes, including funding these expert workers. We hope the community will support the proposal so that part of the MBMF will be used for this purpose.

Mr Speaker, the social issues that still burden our community cannot be overcome in just one day. But the proposed amendment that is related to marriages and the MBMF provision shows our community's concern to take a proactive attitude in facing social issues. I support this amendment.

*Cols. 859-866.

4.32 pm

Dr Ahmad Mohd Magad (Pasir Ris-Punggol): Mr Speaker, Sir, some say that the strength of a community lies in the strength of its families and institutions. The proposed amendment to the Administration of Muslim Law Act (AMLA) seeks to implement several changes so as to further strengthen Muslim families and institutions in Singapore. These are noble causes which I support as they are critical for the building of a progressive and resilient Muslim community, especially in the face of many challenges brought about by globalisation. However, allow me to address some concerns I have regarding several aspects of the amendment.

The move to increase the minimum marriage age for Muslims from 16 to 18 years old will put AMLA in line with the Women's Charter in Singapore. I support this change as it will go some way in addressing the problems of teen marriages, many of which end in quick divorces. After going through the

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motions, many teenagers, especially the younger ones, may find themselves unprepared for the rigours and demands of married life and parenthood and, hence, making their marriages more susceptible to breaking apart.

While there are many reasons for teenage marriages, some of them occur out of what is perceived as a "necessity" due to the presence of a baby conceived out of wedlock. In the Muslim community, bearing a child out of wedlock is seen as religiously and culturally undesirable. Hence, women caught in this situation are often stigmatised and pressured. They are often left with no option but to carry on with the pregnancy, as abortion is also frowned upon by the community. Some parents feel that marrying off their teenage children caught in such situations will instil some sense of responsibility in the couple, while shielding them from being shamed by the community. The reality is strong teenage marriages are often hard to come by, especially in the absence of solid social and family support networks.

With the increase in allowable marriage age, Muslim women who find themselves bearing a child out of wedlock at age 16 or 17 may be faced with an even bigger conundrum. They may eventually be left with the option of bearing the child as a single mother because marriage would not be an option for them even if their partner may wish to marry them. In such circumstances, which I suspect will not be uncommon, I would like to ask the Minister what forms of social support will be made available for such young unwed Muslim mothers. I would also like to know whether the current shelters for such women are operating at maximum capacity and, if so, what measures will be taken to ensure that existing VWOs are able to meet the need should there be an increase in numbers of single unwed mothers needing

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shelter or support. I would also like to ask the Minister if the proposed Casa Raudha, a shelter meant for battered women, will admit young single mothers who have been turned away from their families due to such circumstances.

I also note that the amendment provides for a kadhi to allow underage marriages under a special licence. I would like to ask the Minister under what circumstances would such special licences be granted. May I also know how many special licences for underage non-Muslim marriages have been given out by the Minister for Community Development, Youth and Sports, and under what circumstances were these licences granted.

Moving on to another aspect of the amendment, I would like to address concerns on the implementation of an upward revision of Muslim workers' contribution to the Mosque Building and Mendaki Fund (MBMF). Sir, the MBMF has played a crucial role in providing funds for the building of mosques in Singapore and in supporting the needs of community organisations through Mendaki. However, some have questioned if the MBMF is in a dire state that the increase has to be done while the world is on the brink of experiencing what analysts have termed to be possibly the worst financial crisis since the Great Depression. Uppermost on many Singaporeans' minds are whether they will be able to keep their jobs in the face of a looming economic downturn. Many have started to tighten their purse strings and are finding ways to economise and stretch every dollar.

While there is never a good time for any price increase, I would argue that there certainly are really bad times to do so, especially for the most financially vulnerable – in this sense, the lower-income workers. Under the proposed

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revision, the largest portion of the burden of the hikes rightly falls on those earning higher incomes. Workers earning $1,001 to $2,000 will contribute the lowest amount of increase, that is, 50 cents more than the current contribution of $2 per month. At the top end, those earning $4,001 and above will contribute the biggest increase of $5, bringing their total contribution to $16.

Sir, I note that the last round of hikes to the MBMF in 2005 was done only for workers earning $2,001 and above. In the light of a gloomy economic outlook, I would like to suggest that the same be done this time around so that workers earning between $1,001 and $2,000 are spared from increasing their contributions. Instead, the increased amount of $0.50 should be channelled to those earning $4,001 and above as this group of employees are not likely to be as heavily impacted by the current crisis. Another suggestion is to add another tier at the top of those earning more than $6,000 monthly contributing a larger amount to the fund, perhaps up to a total of $20, or even $25, a month. The increase at the top end could help offset the loss in doing away with the contribution at the bottom end if this proposal can be considered.

Next, Sir, while I do understand the need to upgrade and repair old mosques, I would like to seek assurance from the Minister that only mosques with urgent upgrading needs are considered for upgrading work during this difficult period. Other non-critical upgrading needs can be shelved to a later period in better economic times. At the same time, I would also like to seek assurance that mosques in Singapore will continue to be prudent in their spending and in managing donations from the public. Sir, I say this because in recent years, there were reports of a few mosques with installations of fancy chandeliers and luxurious expensive carpets. While the public contributes towards the upgrading

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of old mosques, it is only fair to ask the mosques to be prudent in managing their needs and wants, even when items are donated.

One other aspect which has drawn attention from the public is the proposal to use a part of the MBMF for funding teaching and training programmes in madrasahs . I understand and believe in the need for a collective approach in the funding of religious education for Muslims in Singapore. The community, as a whole, will benefit from having better qualified Ustaz and ustazahs in our madrasahs , in addition to having a religious elite and an exemplary madrasah education system, which can be seen as a model by other secular nations with Muslim minorities. However, this view may not be shared by every contributing Muslim worker, as only a small percentage of Muslim children study in madrasahs . I would like to propose that an opt-out component be considered for contribution to madrasahs so that those who have reservations in having their fund contribution channelled to madrasahs can continue contributing to the mosques and Mendaki, since these are causes we already support.

On the issue of utilising the funds for madrasahs , I would like to ask the Minister for greater transparency on the financial situation of our madrasahs , especially the three under the Joint Madrasah System (JMS) which are given priority in maximising the funds from the MBMF. I understand that school fees for madrasahs are quite high, at an average of $70 a month per child. Yet, many madrasahs have frequently resorted to having donation drives due to lack of funds. It would be beneficial if information on the spending profile by the madrasahs , the sources of their funding, and the steps taken to be more prudent in their expenses could be provided. I feel that it is useful to make such information public so that fund contributors can convince

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themselves that the madrasahs are worthy of support by everyone in the community.

Finally, Sir, I see the critical need for the madrasahs to change in their manner of operations and be more proactive in engaging the public so that the latter forms part of their direct stakeholders. In a sense, madrasahs should not be totally private institutions and should open themselves up to greater accountability and transparency to gain more trust from public contributors. They should also not remain as merely religious education providers but must actively transform themselves into dynamic stakeholders in the process of shaping and building a progressive Islamic community in a secular society.

On this note, Sir, I support the Bill.

4.42 pm

Mdm Halimah Yacob: Mr Speaker, Sir, I rise in support of the amendments to the Administration of Muslim Law Act.

A key amendment is to expand the use of the Mosque Building and Mendaki Fund to cover upgrading of mosques and funding of religious education in Singapore. To provide for this expanded use, the monthly contributions of Muslim workers to the MBMF will be increased.

Expanding the use of MBMF to cover mosque upgrading has been well received by the community. This is a timely move for the reasons already mentioned by the Minister earlier on. Also, the role of mosques has changed. Since the beginning of this year, mosques have been playing a bigger role in the social welfare network for Malay/Muslims and have taken over the social assistance functions previously concentrated at MUIS, expanding the use of the MBMF to cater to this wider need is therefore urgent and necessary.

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Sir, unlike the proposal to expand the MBMF to cover mosque upgrading where there is a strong consensus, the expansion of MBMF to cover religious education has received mixed reaction, although the majority supports it. Some in the community have reservations because they feel that parents do have a choice whether to put their children in madrasahs or Government schools which provide a very good education. So, they feel that they should not be asked to bear the cost of parents making personal choices when they put their children in madrasahs as these parents should bear the full cost. But even such critics agree wholeheartedly that there is a need to improve the quality of madrasah education. So, it would appear that there is no disagreement on the objective of improving madrasah education but the disagreement is on how this should be funded – by every Muslim worker or by the parents themselves. The unspoken, implicit point here also is that almost everyone agrees that madrasah education is important for the whole community as we need good quality and well-trained asatizahs to provide for the religious needs of the community.

But let us face the reality squarely – if parents have to pay for the full cost of madrasah education, many will not be able to afford it. Also, the quality of madrasah education will continue to decline. Worse still, some who really want a religious education for their children may opt to send them to madrasahs elsewhere in the region which is cheaper but where we have no influence whatsoever on the curriculum or the quality. Hence, we need to look at this issue in perspective – although only a small number of children attend madrasahs , having a good quality madrasah education is for the benefit of the entire community unless we want to import asatizahs who are not familiar with our own context and may do more harm

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than good.

But good quality madrasah education is not cheap and, therefore, we need every working member of the community to share in this investment in good quality madrasah education to meet the future needs of the community.

Sir, there is also another point that has arisen in this debate which we need to address. There have been calls for greater transparency and accountability on the use of the MBMF from various quarters. We should not dismiss these concerns as they are valid because MBMF funds are raised from the public. This is not to suggest that MBMF funds are not properly accounted for, or there is abuse in the use of such funds. Far from it, the use of funds under MBMF is properly audited and contained in annual reports of MUIS and Mendaki that anyone is free to inspect. However, I think that what the community is asking for is something more than this, as the reports are only available after the end of each financial year. Perhaps MUIS and Mendaki could think of how to share, at regular intervals, with the community, details on how the funds are used as well as the progress made under the different programmes that tap on the MBMF.

I also think that it would be useful if the beneficiaries or intended beneficiaries of the MBMF such as the madrasahs themselves adopt a more open approach to sharing of information and present a more friendly face to the public. For example, madrasahs could organise open houses for the public to share what they have been doing, how their students are faring, what they are doing to integrate their students with the mainstream Singapore society, and even showcase examples of successful madrasah graduates. I think that this will go a long way in generating greater confidence and support for the use of the MBMF in the expanded areas such as madrasah education, although with an increasingly better educated Malay community, the

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same argument could also apply for the other uses as well.

As the MBMF are public funds, there is also a need to ensure that it is used prudently, especially now that the use has been expanded and the contributions will be increased. As mosques will now get up to 80% of the funding for upgrading, some in the community have asked whether there are any controls as to what kind of improvements the MBMF will cover. Who decides, for instance, whether a particular upgrading work is necessary or is actually an extra that we can do without, as increasingly the sense is that mosques have gone beyond the basics? We want our mosques to have modern facilities, are warm and friendly to meet the different needs of the community, but it should not be too luxurious as maintenance cost will be high. I hope that the Minister could also elaborate on what mechanisms are in place to ensure that the MBMF funds are prudently used.

Finally, Sir, we are in no doubt that the increase in the MBMF contributions is necessary. However, the timing is a bit unfortunate as people are concerned over their jobs in the current economic downtown. I believe that the increase is still affordable for most as it affects only those earning better incomes. Moreover, the current downturn is expected to last for quite sometime and, therefore, if we wait for things to be better, it would seriously affect programmes for the community. So, I urge everyone to give their full support to the higher contribution rates as well as the expanded use of the MBMF. I also believe that many Muslim workers are already paying more than the minimum. It would help if the Minister could share with this House how many Muslim workers have paid more than their minimum and by how much more.

Sir, let me now speak in Malay.

(In Malay ): [For vernacular speech, please refer to Appendix A.] Mr Speaker,

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I rise in support of the amendments to the AMLA.

The expanded use of the MBMF to strengthen families is very necessary and therefore, most welcome. The MBMF will now cover efforts to prevent early marriages and the high divorce rates.

These efforts are useful and two amendments to the AMLA, in particular, would facilitate efforts in strengthening families and preventing high divorce rates. First, the amendment to raise the minimum marriage age for Muslims from 16 years to 18 years. Currently, Muslims have the lowest minimum marriage age compared to the other communities. At the age of 16, many are still in school or are not fully mature to cope with the very complex responsibilities arising from marriage and subsequent parenthood. The statistics on early marriages reflect this. Young couples suffer from a higher divorce rate compared to those from the older age groups. The problem is compounded when they have children and are unable to provide for their children due to their low education and low skills, and they cannot find proper jobs.

However, a change in legislation solely is not enough to change the attitude of our community towards the issue of early marriage and parenthood. We require a whole mindset change. In education, our community no longer discriminates between girls and boys and both are sent to school. But what we need to see more of is the community putting greater support towards women having a career and contributing to the family. For now, only 12% of Muslim households have two or more working persons. This leads to two-thirds or 67% Malay families having a household income that is much lower than the national average, as the other communities have more working women. For instance, in the Malay community, 54% of the women are economically

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inactive compared to 37% for the Chinese and 48% for the Indian communities. I see this mindset reflected repeatedly in the Back to Work Programme that we organise both at the NTUC and under the Employability Network of the Community Leaders' Forum. There are husbands who oppose their wives working although it is obvious that their income is too low to support the family. And there are schemes, such as KIFAS and CFAC, where they can put their children in child care centres at little or no cost when the wives are working, so that their children's welfare is not abandoned.

We may ask what has this got to do with the prevalence of early marriages and teenage pregnancies in our community. I suspect that the lower value that we attach to women working and holding their own career in our community has an effect on the kind of values that our young girls hold, until they become predisposed to early marriages and early pregnancies, rather than thinking of how to work, pursue a career and be self-reliant. In my view, we need a more open discussion in the community on how the values, perceptions and biases that we hold can influence and have an impact on the values of our young girls, regarding marriage and having children at a young age.

I also welcome the amendment that helps women claim maintenance from their husbands. Under this amendment, there will no longer be a need for such women to register a Syariah Court order in a District Court before it may be enforced by the District Court. This will significantly cut down the time and hassle for the women, in particular, to enforce the Syariah Court awards on custody or maintenance. The running around, which most women currently have to suffer, is most frustrating and not helpful at all. These women are already facing an uphill

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task in getting maintenance for their children. Thus, the more barriers to enforcement that we can remove, the better it will be for them.

However, having more funds alone is not the answer. While we help dysfunctional families, we also have to ensure that we do not end up making them dependent on assistance only, as we need to help them build their own resilience and self reliance. Financial assistance schemes should be tied to willingness to work and upgrade their skills. In this way, we help them in a more sustainable manner and not just to meet their immediate needs. It should also be based on efforts that ensure their children stay in school.

Sir, in helping dysfunctional families, there is a need to adopt a case management approach and not just financial assistance. So I hope that the additional funds raised under the MBMF will be used to train more counsellors so that they can follow through the cases as most dysfunctional families have multiple problems which are interrelated, such as drug addiction, low educational achievements, unemployment, etc.

Sir, we are in the midst of an economic downturn. I urge the community to be prepared before the thunderstorms hit us. Be ready for possible job losses by saving as much as we can now, so that we have at least a few months of savings in case we lose our jobs. For those who are working, do not be complacent, always go for skills upgrading. Take advantage of new national schemes that will be made available, be proactive, and use the schemes that are available by the Employability Network under the Community Leaders' Forum.

Sir, I am confident that with this amendment to AMLA, the present national schemes and the concerted efforts of the Malay-Muslim bodies - like

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Mendaki and others, together with the our own community's spirit and resolve, we will be able to overcome challenges that resulted from this financial crisis and the challenge of globalisation.

*Cols. 867-870.

Dr Fatimah Lateef: Sir, the Administration of Muslim Law (Amendment) Bill is being debated yet again this year, following the 1999 and 2005 revisions. This shows that certain changes are, indeed, necessary if the AMLA is to evolve and remain relevant to the Muslims in Singapore in our journey towards the community of excellence. Furthermore, these proposed changes aim to strengthen some of the key pillars in our community, that is, family, religion and the mosque. Strengthening these pillars are necessary in our quest to build a community of excellence.

I am glad to note that the community is generally supportive of the changes.

Now, let us consider this real scenario: a 15-year old girl had dropped out from school as she was pregnant. Her boyfriend, 17 years of age, did odd jobs and did not complete his education either. After two years, she has two children and is now seeing another man as her first husband is in prison. By 20, she has four children, did not work and was essentially a single parent. Is this the result of minor marriages?

Often, in cases like this, there is emotional immaturity, insecurity, lack of financial independence and stable jobs, and also a lack of educational qualification. These people face a major struggle with several young children as well as other competing needs and priorities. All these contribute towards the vicious cycle just described. In line with these observations, it seems in order to raise the minimum marriage age – whilst our community is not against building and forming families – it is important for us to help ensure marriages last and perhaps remain forever. It is something we have

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to do earlier rather than later. But will we see the positive changes we expect? Perhaps not so fast either.

More importantly, the proposed new requirement is a move towards giving a clear signal to the community that minor marriages are not encouraged because they are more likely to end in divorces. However, these amendments must be coupled with targeted public education and awareness, education of families and teens, bridging the generation gap, correction of certain mindsets and attitudes, keeping youths in school and having a strong foundation in religious education and understanding. The multi-faceted and multi-targeted approach we have today needs to be reinforced, consolidated, and be made more practical and accessible.

This is a positive move to streamline and cut a so-called "red tape" procedure as these cases can be managed in a secular fashion similar to the way they are handled for non-Muslims.

Dr Fatimah Lateef: 5.00 pm

Divorced Muslim women are already facing many problems as it is, so why do we need to add to their difficulties in order for them to get their errant ex-husbands to keep up with maintenance payments? The current process costs money and time, so cutting down on these additional steps will indeed be a welcome change.

This will be in line with broadening the horizon of the Singapore Muslim, giving greater exposure to our officers on the global stage and widening our mindsets through networking and sharing of ideas.

Many countries, including Muslim countries, Sir, have voiced interest to

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share our policies and approaches in a Muslim community embedded in a secular nation. These have been tried and tested to a certain extent and they are current, updated and practical when it comes to execution. After all, we in Singapore are known not just to talk but also with our follow-up actions as well.

On my many trips to the Middle East, I was asked how Muslims in Singapore, in particular women, deal with westernisation and globalisation and adapt to a rapidly changing world, yet at the same time keeping our Muslim identity. These are exactly the principles we could share through our MUIS' brothers and sisters. Finally, I would also like to reinforce that we must include women on these teams that we send abroad.

I would, however, like to add a word of caution as these topics that we are going to discuss would certainly be sensitive, and our practices may be very "local" and have differences which may have to be handled with tact and diplomacy.

I will continue the last part in Malay, Sir. This is on the MBMF.

( In Malay ): [For vernacular speech, please refer to Appendix A.] Although our community generally supports the broadening of the MBMF’s usage, some are still querying its details. Most agree with the new ideas to use some of this money to upgrade present mosques. But on certain issues, they have some concerns.

Many are still unsure on how this will be done and the form of education it will be used for. Is it for madrasah education under the JMS (Joint Madrasah System) or for other types of education as well? What will be the performance benchmark or KPI to be set? Will this money be

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given to the schools or madrasahs , or be given as a scholarship for its students?

There are those who ask why they need to contribute towards supporting the madrasah education, even though it only benefits a small group of madrasah students. Furthermore, madrasah education is like private schools, and parents who choose to send their children to madrasah have to bear the cost of that education. Hence, some are suggesting that the Muslim community be given a chance to choose which fund they want to donate to.

Even though the Islamic Religious Council of Singapore (MUIS) has explained that we must view the usage of the fund for religious education from a broader perspective, that is, to develop religious teachers for the benefit of the whole Malay/Muslim community in Singapore, it will be good if the method of using the Fund for that purpose is explained to the public. The account for using this Fund must be transparent, so that the community has no misgivings. If a small proportion want to opt out, what should they do?

This way, we can avoid any dissatisfaction, if any. Ultimately, we can convince the whole community about the benefit of strengthening our religious education and obtain their full support.

Mr Deputy Speaker, I support the Bill.

*Cols. 871-872.

5.04 pm

Dr Muhammad Faishal Ibrahim (Marine Parade): Mr Deputy Speaker, I will speak in Malay followed by English.

(In Malay): [For vernacular speech, please refer to Appendix A.] Mr Deputy Speaker, the Malay/Muslim community has shown solid support towards the Mosque Building and Mendaki Fund, or MBMF, which was called the Mosque

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Building Fund in 1975. To me, MBMF can be described as a proof of the Malay/Muslim community’s success, and that made MBMF an icon of our community's self-help spirit, apart from reflecting the community’s excellence to sacrifice for the nation’s and community’s interests. Through this debate on amendments to AMLA, I would like to touch on a few issues on MBMF.

First, I would like to touch on the mosque improvement component. As mentioned by the Minister earlier, I believe that this programme is essential, as local mosques are getting older, and I believe this programme will receive strong support from the Malay/Muslim community. Many mosques built in the 70s and 80s have shown signs of wear and tear, and some parts of buildings are damaged.

An example will be the Al-Ansar mosque in Bedok North built in 1981. It needs repair and improvements. Some parts of the mosque are damaged, and repairs will be costly. Also in Bedok, there is an increasing number of elderly residents. Many find it difficult to climb stairs to the main prayer hall. In this regard, improvements are needed to help them. I have met many of the Al-Ansar mosque’s congregation who shared their joy with me after watching and listening to the National Day Rally last August.

Secondly, I would like to touch on MBMF's usage to solve the issue of dysfunctional families. Dr Maliki Osman, MP for Sembawang GRC, together with me, is co-chairing the Family Development Network under the Community Leaders' Forum. We feel that assistance and sufficient resources are needed to render effective assistance to Malay/Muslim dysfunctional families, who are largely poor families too.

Our committee has visited Family Service Centres and other social

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organisations to further understand this issue. As a result, I further understand why we need to include the issue of dysfunctional families into the new MBMF initiatives. The programme to help dysfunctional families needs a huge boost in terms of resources, staff and funds. Without sufficient financial resources, it is difficult to run programmes to help these dysfunctional families become independent or possess skills to take care of their families or themselves.

Hence, I really hope the public will understand this and give their support so that the Malay/Muslim community can advance together without anyone left too far behind.

Please allow me to continue in English.

( In English ): Sir, thirdly, I feel that we should continue our engagement with the Malay/Muslim community to enhance the awareness of the significance and role of the MBMF. During my engagement with the Malay/Muslim community with regard to the current amendments, I sense that many of the older segment of the community are aware and feel for the MBMF. Specifically, I felt touched when a few of them mentioned that the changes to the MBMF show the vision of the Government leaders aimed at developing a Malay/Muslim community of excellence. However, I also sensed that there is a segment of the younger generations of the Malay/Muslim community who may not have the same sentiment as their older counterparts. I have met a few who are passive contributors who contribute a part of their monthly income when they start working without realising or understanding the real importance or impact of their contributions through MBMF.

This understanding is important as with greater knowledge about the MBMF, more people will be aware of the role and

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significance of the MBMF and give their support. They will take ownership of the MBMF and ensure its success as the MBMF continues to support the Malay/Muslim community to aspire and excel towards a higher level of excellence. In 10 to 20 years in the future, the younger donors will form the main contributors of the MBMF and they would be more ready to support the initiatives and programmes that will contribute towards the success of the Malay/Muslim community and our nation. On this issue, I would like to ask the Minister what are his plans to sustain and enhance the contribution of the Malay/Muslim community towards the MBMF.

In conclusion, I feel that the MBMF should not only be retained but strengthened. With the MBMF, the progress of the Malay/Muslim community would continue with greater rigour. At the same time, we have to ensure that the MBMF stay relevant and supported by the Malay/Muslim community.

On that note, I support the Bill.

*Cols. 873-874.

5.11 pm

Mr Zaqy Mohamad (Hong Kah): Mr Deputy Speaker, Sir, thank you for the opportunity to speak on the Second Reading of the AMLA Bill. Before I begin, please allow me to declare my interests as a Board Director of MENDAKI, a beneficiary of the MBMF scheme that I will speak on in my speech.

The proposed changes will be one of the most significant for AMLA and I am confident that will bring about positive outcome as we aspire to strengthen the key pillars of the Malay/Muslim community.

I am heartened to note that the community is generally supportive of the

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amendments, though there are concerns especially with regard to the widening of the scope of the Mosque Building and Mendaki Fund (MBMF), to which all Muslim workers contribute automatically. We must be mindful that through the MBMF, we operate on the goodwill of the community – especially in these difficult times.

Therefore, it is necessary to have a greater public engagement to prevent misunderstanding of the intent and use of the MBMF. On a regular basis, we should also keep the public informed on how the community is progressing and benefiting from the programmes being funded by the MBMF.

MENDAKI, the Malay/Muslim Organisations (MMOs) and the madrasahs , should engage the public more about the achievements especially in their goals to uplift the Malay community, particularly those from the bottom 30% of household income as well as in a broader scope, the strategic directions that they have planned to shape the Singapore Malay/Muslim community for the future.

At the end of the day, we should not only ensure the support of the community but also the commitment of everyone so that we can achieve the intended outcome. All parties, ie, the administrators of the fund, donors, stakeholders and beneficiaries should play a part in achieving this outcome. I believe that this is not just about collective leadership or donorship, but also about collective responsibility of the community.

With the additional funding from the MBMF, the Ministry should also take the opportunity to consider more refreshing approaches to uplift, improve and renew the machinery that supports the community agenda. This may include encouraging renewal within the MMOs and mosques, establish new Malay/Muslim interest groups that can

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benefit the community and, perhaps, even broaden the scope to engage international expertise and organisations who can add value to our programmes, management and revenue-generation.

Here, there may be a number of interest groups consisting of professionals such as those in healthcare, arts, sports, new media, that have a keen interest to help the disadvantaged families in the community agenda.

Finally, we should also address the expectations on the part of the MBMF donors: as donors, some may feel that they are entitled to scholarships and bursaries from MENDAKI – even for overseas tertiary education. I have come across cases where such expectations create friction between the community and what MENDAKI and the Malay leadership need to do for the community. Some young, successful Malay or Muslim Singaporeans grow up with a rift between them and the Malay establishment because of this expectation of the right towards free or subsidised education because of their parents' or personal contributions towards the MBMF.

Therefore, public engagement is critical for the community to come together and be clear on the MBMF's objectives and let the public be aware of results of the programmes that are being funded by the MBMF.

Thus, I would encourage greater transparency and reporting of the financial and KPI performances, especially with more of the community that are increasingly educated and wish to know that their monthly contributions are in good hands. Such reporting should not be just confined to the direct beneficiaries such as MUIS, MENDAKI and madrasahs under the JMS, but they should also include indirect beneficiaries such as the

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Malay/Muslim Organisations (MMOS) as well as other organisations benefiting from the ' amanah ' of the community.

Mr Deputy Speaker, Sir, I would like to continue my speech in Malay.

( In Malay ): [For vernacular speech, please refer to Appendix A.] The changes proposed to the Administration of Muslim Law Act, or AMLA, are among the most important ones to be implemented and will cover every aspect in the lives of the Malay/Muslim community. It is meant to strengthen our important institutions, the family, religion and mosques.

However, there are a number of concerns on the change to widen the use of the Mosque Building and Mendaki Fund. This is especially relating to the usage of the funds for madrasah education, and the channelling of more funds to MENDAKI in order to fund its programmes that help dysfunctional families.

We have to prevent this lack of understanding from creating doubts on the good objectives of expanding MBMF’s usage – that is, to fund better social and educational programmes for the long-term benefit of the community. So, in order to further convince the whole community, there is a need to ensure that the fund is managed and administered more carefully and transparently. In this regard, all parties play an essential part – the community, by giving their full support through their donations; and the beneficiaries, by showing commitment to ensure that the expected results are achieved.

One example is by setting KPIs, and not just financial audits, on the performance of the programmes under the Community Leaders' Forum (CLF). The same goes for madrasah education. The disbursement of funds, how it is used, the effects and the results, must all be

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presented. Ultimately, we want to see Malay/Muslim organisations and madrasahs that are more efficient and equipped to generate better programmes and education.

In the long term, we must see MBMF more than just a fund pool. It has existed for more than 40 years. Thus, what is the MBMF’s direction for next 40 years? I feel that we have to work towards a system or method where our community is able to look after its own interests. For instance, other communities are giving support to religious and community infrastructure without a policy of community-based contributions and various methods of raising funds.

For other communities, we have heard how they contribute 10% of their income to their religious or welfare organisations. In the future we hope that our community will be able to work together, and be independent, without having to rely too much on a deduction system like MBMF. Maybe we will have more workers, entrepreneurs and community members who are more successful coming forward to lead the mosques and the Malay organisations more creatively without depending on Government grants or the MBMF. In this regard, it might be good if we give more space and flexibility to the mosques, for example, to generate their own funds in a more creative way.

To achieve these long-term aims, we must build a more effective future leadership and this effort must start now by using our current resources. This includes developing our youths today, who form a large percentage of the Malay/Muslim community.

With that, Mr Deputy Speaker, I support this Amendment.

*Cols. 875-876.

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5.20 pm

Assoc. Prof. Dr Yaacob Ibrahim: Mr Deputy Speaker, Sir, I wish to thank Members who have risen to voice their strong support for the Bill. Their support is crucial to our proposals to amend the Administration of Muslim Law Act (AMLA). Let me now address some of the concerns and queries they have raised.

Timing of the increase in MBMF contribution rates

Sir, some have questioned why we are moving on the AMLA amendments such as raising the contribution rates to the Mosque Building and Mendaki Fund, or MBMF, now. My response is that we cannot let our long-term and strategic plans take a back seat when the economy faces a recession. Some of the AMLA amendments have been years in the making, and we should not delay the benefit that they will bring to the community. While we acknowledge that the timing of this round of amendments is not perfect, I think there will never be a timing that is perfect. And taking the point that Mdm Halimah has raised, and if we delay it even further, the changes that we will make in the coming years will be even a lot more difficult to bear. It is during these trying times that the community can show true perseverance and courage in tackling our problems and addressing our needs.

Dr Ahmad Magad has asked if the burden of the increase in MBMF contribution rates could be shifted from those in the second lowest income band to those in the highest income band. Sir, we had tried to strike a balance between the various income groups when computing the increase in contribution rates needed to fund the projects that we have in the pipeline. The current computation will already result in a 45% increase for the highest income group, and we felt that shifting more of the

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burden to them was not ideal as they are a very small group comprising only 8% of the MBMF contributors. And creating more income bands will not be administratively efficient as the number of Muslim employees earning $6,000 and above is even smaller.

Principles of the MBMF

Sir, I would like to reiterate the underlying principles behind the MBMF. First, it only funds projects that are necessary and important. This is essential because the funds are limited, and we should get value and outcomes for our money. We are mindful that the bulk of the funds come from donations by ordinary Muslim workers. Second, the MBMF is based on a self-help principle. It is to enable the Malay/Muslim community in Singapore to raise funds to help itself, and enhance its position as a contributing pillar of the Singaporean society.

So, guided by these principles, we have set up the MBMF to fund mosque building when the need arose. We expanded the MBMF in 1984 to provide funding to Mendaki when there was a need for it. And now we are proposing to fund mosque upgrading and religious education because they are important priorities today.

Sir, the MBMF has been successful in addressing past needs. Now it needs to address current and future needs. The MBMF has been so successful that Mr Zaqy Mohamed has asked if the community has become over-dependent on it, impeding its culture of giving. I do not think so. All self-help groups in Singapore utilise the CPF check-off system to raise funds. The MBMF is not the community's sole source of funds. To cite one example, the Tabung Amal Aidilfitri (TAA) raised over half a million dollars again this year, proving the generosity of the community. Many Malay/Muslim organisations successfully raise their own funds, and do not depend

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on the MBMF at all. In this case, we had turned to the MBMF only as a last resort. We had tried other avenues first, such as the Dana Madrasah and ad hoc fund-raising by mosque volunteers, but the mosque upgrading projects and programmes for religious education and dysfunctional families that we wish to fund require long-term planning and, more importantly, a stable source of funding, which only the MBMF can provide with certainty.

So, Sir, let me assure Mr Zaqy and Mdm Halimah Yacob that there are proper procedures and controls in place to ensure the prudent use of the MBMF funds. As the Minister-in-charge of Muslim Affairs, I oversee the annual budget of the MBMF. The MBMF accounts are externally audited, and the progress and funding outcomes are closely monitored to ensure that they are well spent. I note Mdm Halimah's suggestion for greater sharing of the progress of programmes funded, also shared by Mr Zainul, and we will look into how this can be achieved. MUIS has distributed MBMF brochures to inform the public how much has been spent on building mosques, detailing the land cost and construction cost of each mosque. This information is also readily available on the MUIS website. Sir, we will also continue to take advantage of existing platforms like the MUIS annual workplan seminar, and the Community Leaders' Forum to publicise the funded programmes.

For the mosque component of the MBMF, MUIS' decision to fund a mosque project is made with a holistic view, taking into account future projects. These projects have to be approved by the MUIS Council, and MUIS does not arbitrarily decide to fund projects simply because money is available. On the contrary, MUIS carefully plans the long-term usage of the fund, and has made projections until at least 2014, taking into account the rising construction costs. The amount available annually is limited compared to the

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growing list of ageing mosques. The increase in contribution rates today will help to meet the shortfall for all projects in the pipeline. Mr Zaqy's suggestion for mosques to diversify their funding sources is noted. This is something we will review subject to the guidelines for best practices, such as those in the Charity Council's Code of Governance, where appropriate.

For the Mendaki component of the MBMF, a portion of it is used to provide fee subsidies and, in some cases, complete waivers, for educational programmes such as the MENDAKI Tuition Scheme. The remainder is set aside for social and community projects by Malay/Muslim organisations, or MMOs. MMOs submit proposals for funding which are approved under the Malay/Muslim Community Development Fund, or in short, the MMCDF. This Committee is chaired by one of Mendaki's Board of Directors. These proposals must clearly demonstrate alignment to the challenges faced by the community, and indicate clear targets, outreach and timelines. Once funding is approved, the MMO has to submit timely reports, and their programme will be subjected to annual reviews to ensure that it is effective and meet the targets set. All these are closely monitored by Mendaki. The majority of MMOs meet their targets, and some even exceed their targets. Mendaki, Sir, will work with the MMOs that are unable to meet their targets to improve their performance and processes. A copy of the MMCDF report is submitted to the Ministry of Community Development, Youth and Sports annually.

Mdm Halimah felt that the increasing sentiment is that mosques have gone beyond the basics. I do not think I can agree with her on this. Indeed, mosques have taken on more roles and functions, such as social development programmes.

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They no longer simply provide a place for worship. If they did so, it would be a disservice to the community that such physical assets are utilised only for prayers.

Dr Ahmad mentioned that he had read reports of mosques with fancy chandeliers and expensive carpets. These were given by sponsors who insisted on donating them as they had already purchased the items, despite our advice to them not to do so. In these cases, mosques eventually accepted the items because not doing so would be a waste. Let me assure Dr Ahmad that extra care has been taken for all project spending to ensure that there is no cost overrun. In some cases, MUIS had even managed to achieve some savings. MUIS will continue to work with the mosques to identify areas for cost savings. For example, MUIS has also worked closely with consultants to review and propose alternative designs and install building components acquired at lower cost, reducing the overall cost of the projects. A total of $2.3 million was saved due to their cut-back efforts in five recent mosque projects. Sir, we will exercise greater prudence during these troubling times.

Sir, let me elaborate on the four key principles of the usage of the mosque component of the MBMF. First and foremost is to provide for the basic essentials of the mosque, such as prayer halls, barrier-free features and ancillary facilities for mosques to be family-friendly, youth-friendly and community-friendly. Second, to provide more prayer space for mosques with growing congregations. Third, to provide space in mosques to house Islamic learning and social development programmes, such as the aLIVE programme for teenagers. As a socio-religious institution, mosques with better facilities have effectively impacted the targeted segment of the Muslim community with programmes for challenged youths, low-income families

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and initiated many social capital projects with the community at large. Lastly, to address the wear and tear of the mosques, as you can see, the MBMF funds will be spent only on necessary items. We will follow norms that are basic, but of good quality. MUIS will keep a close watch to ensure that the materials used and structures built are modest but long-lasting.

Sir, mosques are selected for upgrading based on the urgency of their needs. In particular, MBMF mosques requiring major works and non-MBMF mosques that have not undergone major upgrading since 1990 will be given priority. Earlier, I had described the needs of Al-Ansar mosque, which I had visited recently. Al-Ansar is among the first few mosques slated for upgrading due to its urgent roof leakage problem and the need to optimise its built-in space. Additionally, there are also mosques that have already collected the bulk of what they need for upgrading, or need to undertake smaller urgent works. In such cases, the MBMF may be used to top up a small portion of what is needed so as to enable these mosques to be upgraded. I understand that An Nur mosque is one such example. Given the limited funds available annually, MUIS will have to carefully prioritise the use of MBMF to co-fund any project and will develop a five-year plan for mosque upgrading works.

To Mr Hawazi's query as to whether there will be a new mosque to be built in the Woodlands estate, these are issues in which we have to study carefully over the longer term as there are other areas that are also in demand for the second mosque.

Madrasahs

Sir, on the topic of madrasahs , Mr Masago Zulkifli has raised a number of good suggestions. He noted that the current madrasah fee structure does not differentiate between those who have the

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potential to be religious leaders versus those who simply want an alternative education system. He suggested that greater funding be allocated to students with the potential to be religious leaders. The three madrasahs under the Joint Madrasah System, or JMS, will be doing this. The JMS will offer different pathways with different cost models. Pathways leading to specialised religious qualifications will receive higher subsidies compared to pathways more similar to the curriculum in national schools. This is the key principle behind the decision to channel MBMF funds to the full-time madrasahs – that the community supports those who have the potential to be religious teachers and leaders while parents have to bear a greater cost burden for the other madrasah students. The three madrasahs not under the JMS can also consider a fee structure that differentiates between the two groups of students. In addition, MUIS has put in place the Madrasah Scholars Programme to provide supplemental development programmes for top madrasah students.

Mr Masagos also suggested allowing capable national primary school students to transit easily into madrasahs at the secondary school level. The current system is already flexible enough to allow them to do so, subject of course to certain entry requirements. The Primary One level is not the only entry level. For example, Ustaz Nazirudin Mohd Nasir, Head of the Office of the Mufti in MUIS entered Madrasah Aljunied only after completing his "O" levels. In principle, we are committed to ensuring that each and every child receives the opportunity to maximise his or her potential, be it religious or secular, and we have provided many different options for them to do so. We will look into how we can smoothen the transition for students with all our stakeholders and MOE.

Dr Ahmad Magad asked how the madrasahs intend to spend the MBMF

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funds. The changes to the MBMF will raise about $2.9 million a year for religious education. Most of this will go towards grants for full-time madrasahs , and the remainder will be split between Islamic learning in part-time madrasahs and asatizah development. The use of Information Technology in classrooms will be expanded. Madrasahs will study the latest strategies in the teaching of English, Mathematics and Science in national schools. Madrasah teachers will have their skills upgraded and will be introduced to new teaching methods. The progress of these initiatives will be tracked by indicators such as examination scores and reviewed regularly by MUIS. These enhancements will move our current madrasah system up several notches, to be closer to the standards seen in our national school system.

The madrasahs are already very prudent with their spending. I saw this when I recently visited Madrasah Aljunied. For example, the average salary for their teachers is below $2,000 a month. MBMF funding for madrasahs will reduce their fundraising burden so that they can concentrate on providing the best education for their students. In the spirit of transparency advocated by Mr Zaqy, MUIS will make the financial statements of the JMS madrasahs public after the end of each financial year. I encourage the other three madrasahs not under the JMS to follow suit.

Sir, I trust that the community will be able to appreciate and take ownership of our madrasahs as key religious institutions that will shape the spiritual life of the community. Given the small size of our community, I hope that the community will not be fragmented in its approach by choosing to fund only certain items with its MBMF contributions.

Sir, let me end the discussion on the MBMF by thanking Members and the

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Malay/Muslim community for their support for the MBMF. I know this because over 20,000 Muslims, or 10.5% of the total contributor base, have gone the extra distance to indicate that they wish to contribute more than the minimum rate, and the additional sum contributed by them amounts to over $77,000 per month.

Sir, we will continue to publicise the good work of the MBMF, so that the community, especially the young, will maintain its ownership of the MBMF. Last year, MUIS launched a book to celebrate the first 30 years of the MBMF. We will look into how we can make the information more widely available, by leveraging on our mosques, our events, new media, and the internet to recognise the MBMF on projects that it funds. MUIS will also be working with CPF Board to inform employers of the changes to the MBMF via the CPF mailers.

Sir, the MBMF has, and will continue, to stay relevant with the times. Mr Zainul and Mr Zaqy have raised good suggestions on the future use of the MBMF. The intention has always been to direct the MBMF's limited funds to where they are needed the most. After 33 years of MBMF, we are now expanding its use for mosque upgrading and religious education and we do so only because these are important needs of our community. Mr Zaqy suggested that maybe we can use these funds to upgrade Malay/Muslim organisations. I do not think MMOs need such support as there are ample national resources available for purposes such as piloting new initiatives and capability-building. Sir, we will adhere to this principle to ensure that our community's resources remain sustainable in the long run.

Raising the minimum marriage age

Sir, let me now address the Members' concerns about the proposal to raise the

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minimum Muslim marriage age. But, first, I would like to reiterate the principles behind this proposal. We have advocated it to send a strong signal to the community that minor marriages are discouraged. It is not intended to cure all problems relating to teenage sexuality, nor is it intended to replace the existing efforts to tackle the problem. It will be complemented by targeted public education, both in and out of schools, to inculcate awareness and the right mindset in Muslim youth, as Dr Fatimah Lateef has advised. And it will be supported by religious education programmes to imbue the right values in our youth. Mr Zainudin Nordin suggested raising the minimum Muslim marriage age to 21. I understand his suggestion and the principle is that we should do so because by the age of 21 or above, most couples would be ready and would have sufficient funding and jobs. However, Sir, this law is more restrictive than the current rules for non-Muslim marriages under the Women's Charter, and our proposed amendment today is to make the rules aligned with non-Muslim marriages.

Sir, the proposal will not be a restriction of Muslim rights as underage couples can still get married with a special marriage licence from the Kadi. In fact, the proposal to raise the minimum marriage age from 16 to 18 will only affect a very small group. In 2006, 87 individuals aged 16 and 17 got married. In 2007, the corresponding number was 76. Over the past five years, we have not received a single marriage application from Muslims below 16 years old. I hope this trend will continue even after we raise the minimum marriage age. For non-Muslims, 125 applications for underage marriages for those below 18 have been approved in the past five years. These marriages were allowed after the couple's psychological and emotional readiness for marriage had been assessed by a psychologist. Generally, Sir, the Kadi will adopt a similar approach.

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Dr Ahmad highlighted that minor divorces were not the only undesirable outcome of the teenage sexuality problem, and that the Muslim community views abortion and single parenthood as equally undesirable. While our primary focus has always been to tackle teenage sexuality as it is the root cause, we must not forget about those who have made mistakes, and we must help them reshape their lives and this is why we have social support programmes for unwed mothers. The Pertapis Centre for Women and Girls provides counselling, back-to-school programmes and life skills programmes for them. Mendaki also has skills upgrading programmes for single mothers who can then find employment through Mendaki's subsidiary, Mendaki Sense. The sheltered home at the Pertapis Centre is not operating at maximum capacity and, if needed, we will find the resources to increase its capacity. Casa Raudha may also admit single mothers on a case-by-case basis. I do not expect that we would have to come to this, as I believe that family support in the Muslim community remains very strong.

I am happy to note that Dr Maliki Osman has given his support for the proposed amendments to make it easier for divorced Muslim women to file claims against their ex-husbands. However, he asked what can be done to educate these men of their responsibilities to their former wives and children. He also suggested that the community should send a strong message to these men that they should not take these responsibilities lightly. I agree with the spirit of Dr Maliki's comments, and MCYS will work closely with the Adam Association, a Malay organisation, on the public education, such as a hotline. For his suggestion to create some form of assessment for divorced men before they can remarry, we will have to study this further. There may be issues if we deny a man his right to marry just so that we can solve the issue of maintenance.

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Dr Maliki also suggested for us to channel MBMF funds to fund those who are interested to take up social work as a career. This is a good idea but again we should not expand the use of MBMF fund so readily.

Internationalisation of MUIS

Sir, I thank Mr Hawazi for applauding the move to internationalise MUIS services. Let me just address two last points before wrapping up my speech. To answer Dr Fatimah's query, yes, there are currently four women on the MUIS team that will be tasked to handle the internationalisation of its services. I am not sure whether it will make a difference but they are there. We will ensure that female representation continues, and that Muslim women's issues will not be neglected. Our other proposals today to improve the welfare of divorced Muslim women is an example of the strong commitment we have to our Muslim women.

Sir, Mr Hawazi Daipi has made further suggestions to improve the processes of the Syariah Court. I am pleased to inform him that they are already in place, such as the six-month deadline for the delivery of Syariah Court judgments to MUIS for appeal cases, and ensuring that the Syariah Court adjudicators are legally trained. The compensation packages of Syariah Court judges and officers are pegged to the civil service pay scale for graduates, and the Syariah Court does not have a problem recruiting young graduates today. MUIS has been working with the Singapore Law Academy to provide the Academy with judgments of the Appeal Board. Some of the Appeal Board's landmark judgments are available on the Lawnet website, and MUIS and the Syariah Court can look into how to develop this further. The Syariah Court, Sir, monitors its workload on an ongoing

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basis, and has measures in place to cope with fluctuations, such as tapping on ad hoc judges and mediators, and embracing technology such as a self-help payment kiosk. These measures have helped to improve the efficiency and quality of the Court's services.

Sir, I am heartened to note that Members agree with the principles and objectives of the proposed amendments. The same sentiment was expressed by the various stakeholders and community leaders whom I have met in my rounds of engagement with them. Of course they have also raised some concerns. I would like to assure them that I take these views seriously. I have asked the relevant agencies such as MUIS and Mendaki to address these concerns. Having said that, Sir, I am confident that the Malay/Muslim community will agree with me that the proposed amendments will strengthen our efforts to help ourselves and in the process address future challenges.

Let me end, Sir, with a short speech in Malay with the forbearance of the Whip.

( In Malay ): [For vernacular speech, please refer to Appendix A.] Mr Deputy Speaker, allow me to begin my speech in Malay by putting on record my deepest appreciation to the Malay/Muslim community for their encouragement and support in proposing these amendments to the AMLA.

The proposed amendments came as a result of close cooperation between agencies such as the Islamic Religious Council of Singapore (MUIS), the Registry of Muslim Marriages (ROMM), the Syariah Court and the Malay/Muslim community. For example, the idea to improve the registration procedure to ease Muslim women's claims towards their ex-husbands was proposed by Malay/Muslim lawyers from the Muslim Law Practice Committee. I also want to mention the important role played by the

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Malay/Muslim leaders and mosques' representatives who have given various feedback and ideas which are not only good but also very valuable, during the dialogue sessions with me. I would also like to put on record my thanks and appreciation for their support and wisdom.

Mr Deputy Speaker, the Malay/Muslim community has never run away from the challenge to overcome the issues that were facing them. We have, and will continue, to work together to address the problems of drug abuse and many other problems. We will continue these efforts to further improve our own achievements and, if possible, introduce and launch more initiatives that are bold and innovative to overcome existing and future problems.

A similar initiative is the readiness of the Malay/Muslim community to be included in the Human Organ Transplant Act (HOTA) in August this year. As we know, the first donation involving a Muslim under HOTA was carried out last month. This transplant was carried out successfully within less than 24 hours and received the support of the family. Our readiness to sacrifice and not just think about ourselves put our community in a good position to face various challenges in the future. And in line with this spirit, we have decided to amend AMLA this time. The proposed amendments here aim to strengthen families and the Malay/Muslim institutions. We hope that with stronger families, the community can reduce the high rate of divorces among our young couples. Stronger Muslim institutions will be beneficial to the Muslim community and protect our interests.

Mr Deputy Speaker, we now can see for ourselves the results of our hard work in overcoming the various social problems and challenges, and improving the socio-economic status of our community. Our

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students continue to show good performance in schools and institutions of higher learning, and the rates of school dropouts are reducing. All these could not have been achieved without the solid support and full involvement of each member of the Malay/Muslim community. The proposed amendments to AMLA are a progressive and timely step taken by the community. The amendments will put our community in a good position to face a future that is shaped by an increasingly challenging environment. The proposed amendments will give our community the strength and additional resources that provide the opportunity for our children to climb even further. I am sure that we will see the results one day. Finally, I hope that the Malay/Muslim community will support this noble effort to enable us to stand proud alongside our fellow countrymen.

*Cols. 877-880.

Mdm Halimah Yacob: Clarification, Sir. My reference to mosques going beyond the basics is not in relation to the functions of the mosques but in relation to the upgrading works in the mosques. Now that the MBMF will be extended to cover upgrading of the mosques, there must be a mechanism to ensure prudent use of funds for upgrading purposes.

Assoc. Prof. Dr Yaacob Ibrahim: I thank Mdm Halimah for the clarification. I agree with her that that is something which we should be prudent about and I will assure her that MUIS, as the guardian of the funds, will continue to monitor this very closely. As I have mentioned in my speech, only those which are necessary for the proper function of the mosque will be upgraded, anything else which is ancillary is best left to the mosque committee to decide.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

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The House immediately resolved itself into a Committee on the Bill. – [Assoc. Prof. Dr Yaacob Ibrahim].

Bill considered in Committee; reported without amendment; read a Third time and passed.