MUSLIMS BILL

Order for Second Reading read.

The Chief Secretary (Mr W. A. C. Goode): Mr Speaker, Sir, I have the consent of the Governor under Standing Order 33 (1) (a) to move, "That the Bill be now read a Second time."

It is now, I regret to say, several years since representations were first received on behalf of the Muslim community in Singapore, through the good offices of the Muslim Advisory Board, asking for legislation to remedy the unsatisfactory state of affairs regarding Muslim divorces and the administration of the law of Muslim marriages and divorces. I had hoped, Sir, to get such legislation enacted in the previous Legislative Council but, unfortunately, it could not be got ready in time. In fact, it was only in November last year that this Bill was ready for introduction to this Assembly.

The main cause of concern amongst the Muslim community in Singapore is the very high rate of divorce amongst Muslim marriages. Investigations in 1953 revealed a divorce rate of about 60 per cent of the corresponding marriage rate - a very disturbing figure. Muslim marriages and divorces are regulated by the Muslims Ordinance Chapter 57 of our Laws, and as the law stands at present, any one of the twelve Kathis in Singapore, as a Deputy Registrar of Muslim Marriages, can register a marriage or a divorce for any Muslim person who has been resident in Singapore for more than four months. Each of these Kathis also has the power of a civil court to enquire into and adjudicate upon claims for the payment of dowry, maintenance and such matters. These Kathis are appointed by the Governor, but they are not paid. They retain the fees for solemnising marriages and registering divorces, and appeals against their decisions go to the Registrar of Muslim Marriages who is not himself a Muslim.

I think, Sir, it is generally admitted amongst the Muslim community here that there has been considerable laxity in the administration of the Muslim law of marriage and divorce. There is some conflict of jurisdiction between the Kathis, and there is a tendency, perhaps not unnatural, for a Kathi to register a divorce rather than to attempt to effect a reconciliation between the parties; nor has there been adequate supervision of the Kathis by the Registrar of Muslim Marriages. It has therefore long been recommended that fresh legislation should be introduced to establish Muslim Courts for the better administration of the Muslim law of marriage and divorce, and the necessary legislation is, 1 hope, provided in this Bill.

The Bill repeals the present law - the Muslims Ordinance (Chapter 57) - and, while re-enacting many of its provisions, makes provision in addition for the appointment of, firstly, a Chief Kathi with jurisdiction over the whole of Singapore and certain special powers; and, secondly, for the appointment of a Shariah Court under the Registrar of Muslim Marriages who is himself to be a Muslim, with power to determine issues between Muslims relating to marriage and divorce in connected matters, and with power to hear appeals from the decisions of the Kathi; and, thirdly, it provides for the appointment of an Appeal Board to hear appeals from the Shariah Court. There are certain particular provisions which, I think, perhaps could better be dealt with at the Committee stage.

The principles of this Bill, I am assured, are warmly welcomed by the Muslim community and they are recommended by the Muslim Advisory Board. The detailed provisions of the Bill involve a number of points of Muslim law and procedure, and even after all these months of preparatory work and consultation, I am still receiving representations for amendments on points of detail.

The Malay translation of the Bill has been published, which I hope will enable persons, who are not able to understand the Bill in the English language and who have experience and expert knowledge in this matter, to study it and I hope that if any one has any further comments to make on the Bill, they can be sent to me as soon as possible; for I am anxious that there should be no further avoidable delay in enacting this piece of legislation which I am sure is for the benefit of the Muslim community.

I think the most practical way of finalising the details of the Bill will be to refer it to a Select Committee of this House. This will have one very particular advantage in that the Select Committee will be able to hear evidence from experts should there be any particular point of difficulty on which doubts have to be resolved. I shall therefore at the appropriate stage move that this Bill be referred to a Select Committee, and I very much hope that that Select Committee will be able to report the Bill at our March sitting so that we can proceed with it.

Sir, I move, "That the Bill be now read a Second time."

Question proposed.

Mr R. Jumabhoy: Mr Speaker, Sir, I would like to congratulate the Muslim Advisory Board in asking the Government to put before this House legislation which is overdue and which is very necessary. I am glad that the Hon. the Chief Secretary has very ably put his points before the House.

Sir, I want to speak on the principle of the Bill. As far as the registration of marriages and divorces among Muslims and the establishment of a Shariah Court are concerned, I wonder if any one would want to postpone these for even a single minute, but clause 47 is something very new.

The well-known lawyer Mr N. A. Mallal, who is a Muslim by faith, has sent some suggestions to the Muslim Advisory Board. I am glad that the Hon. the Chief Secretary has already announced that this Bill will be committed to a Select Committee for consideration.

There is another point also - Muslims of age can make their own will. I hope the Hon. the Chief Secretary might be able to help by pointing out the relevant clause. In this tropical country, Sir, a boy and a girl can reach the age of puberty, say, at the age of 14, 15 or 16 and to allow these minors to make a will is rather not proper -

Mr Goode: Clause 46.

Mr R. Jumabhoy: Clause 46, thank you. Sir, I hope the Select Committee will also consider this.

Coming now to clause 47, Sir, if a Muslim dies intestate, it is quite right that the estate should be administered according to Muslim law. But if a Muslim has left a will - and this is a Colony and not a Muslim state, in which there should be freedom for any individual to make a will in any way he likes - then he should not be interfered with. That freedom should be given to him. That is the main point.

Sir, there are other clauses in this Bill, such as the one relating to voluntary settlements, which are governed by the English law. If it is so that certain clauses are to be governed according to English law, why should not clause 47 also be governed according to English law?

I am glad, as I have said, that the Bill is to be committed to a Select Committee where full discussion can take place before decisions.

Mr Goode: On a point of elucidation, Sir. I wonder if the hon. Member will be good enough to make it clear to me whether his comment on clause 47 was that a Muslim should be allowed to make a will other than in accordance with Muslim law?

Mr R. Jumabhoy: It was.

The Minister for Local Government, Lands and Housing (Inche Abdul Hamid Bin Haji Jumat): Mr Speaker, Sir, I rise in support of the Second Reading of the Muslims Bill.

As hon. Members are aware, this Bill deals with the fate of a particular community. For a long time now - in fact, for decades - Muslim leaders in Singapore have bemoaned the fact that there are no laws in the statute book of this island which are effective enough to deal with the growing complexities of the way of life of the Muslim people.

This Bill deals with two main aspects of Islamic law. The first affects the ques- tion of marriages and divorces, and the second deals with the question of inheritance. Although in the past the Muslims of Singapore have been guided by the laws of the Koran, there are no means within the concept of our existing laws by which these Koranic laws could be effectively carried out. As a result, there has been a considerable degree of abuse. One has only to read the statistics of Muslim marriages and divorces in Singapore to realise the magnitude of this problem. The Hon. the Chief Secretary has given us figures for 1953, but I can quote you the latest figures on Muslim marriages and divorces, that is, for the year 1955, where the number of Muslim marriages totalled 2,472, and the number of divorces 1,247.

This state of affairs creates other problems as well. Children born out of these marriages are left without one or the other of their parents and invariably without the means of subsistence. The reasons are obvious. Divorces are apparently made so easy when husbands realise that the decisions of the Kathis in respect of alimony and maintenance are not easily enforceable. It is to right these wrongs that this Bill is now before us. I hope Members of the Assembly will give their fullest support to this piece of legislation.

Mr G. A. P. Sutherland: Mr Speaker, Sir, I hope I am not rushing in where Muslims fear to tread but I think that, as the Bill is going to a Select Committee, I should draw the attention of Members to something I saw in the London Times the other day which said:

"In the Pakistan Constituent Assembly today, Mr Zahiruddin, of the Awami League, proposing that the draft constitution Bill be referred to a select committee, raised a pertinent issue when he was asked who was to decide who was or was not a Muslim."

Now, Sir, in the draft Bill here it merely says:

"Muslim" means a person who professes the religion of Islam.

The article in the London Times goes on to say, Sir:

"Mr Zahiruddin quoted from a well known Lahore case where he said that the learned Judge asked eight learned theologians the definition of Muslim, and each one of them gave a different definition. It was, he said, very important for the Constituent Assembly to lay down the definition of a Muslim. There are Sunnis, Shias, Wahabis, and Quadianis and some of them do not recognise the others as Muslim."

Mr R. Jumabhoy: That is wrong.

Mr Sutherland: It may be of interest to the Assembly and I offer it to Members.

Inche Ahmad Bin Ibrahim (Sembawang): Mr Speaker, Sir, I fully support the Bill now before this Assembly. It is perhaps the first time in the history of Singapore that such a Bill, which affects a section of the community, has been introduced in the Legislature of the island. But this is not a piece of legislation which is unknown in Malaya. Most, if not all, of the Malay States of the Federation of Malaya have on the statute book similar legislation.

The Muslims of Singapore are fully aware of the desirability to regularise their mode of conduct, particularly in relation to marriages and divorces, and also the question of inheritance. Sir, I support the Bill in principle.

Mr Lim Koon Teck (Paya Lebar): Mr Speaker, Sir, I have great pleasure in rising to support this Bill.

During my experience on the Bench as a magistrate, one of the things that gave me the biggest trouble was those unfortunate women who came to me to enforce maintenance orders against their husbands who had left them. In those days before the war, the problem was not as grave as it is today. Divorces then were not at such a high rate, but, all the same, some of the cases really gave me sleepless nights. If my recollection serves me correctly, the only obligation the husband has towards his wife is to support her for 100 days after the date of his talak. I hope, by this Bill, all these practices and misuse will be abolished.

Question put, and agreed to.

Bill accordingly read a Second time.