MUSLIMS (AMENDMENT) BILL

Order for Second Reading read.

3.43 p.m.

The Minister for Labour and Law (Mr K. M. Byrne): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The Shariah Court was established to administer the Muslim law of marriage and divorce in 1958, but it has been found that the Court does not, in fact, have the powers to carry out its functions effectually. When this Government assumed office, it was found that the Shariah Court had only one official, that is, the Registrar of Muslim Marriages who was also President of the Shariah Court. The Court had a clerk lent from the Land Office and an office boy lent from the Ministry of Home Affairs. The first step taken was to provide the Court with an adequate staff. The Shariah Court now has, besides the Registrar of Muslim Marriages, its own General Clerical Officer, a General Clerical Assistant, a Process Server and Notice Server, a typist and an office boy. The Chief Kathi and a Kathi have been placed on the establishment of the Court and this year it is hoped to appoint a Muslim Social Case Worker.

The powers of the Shariah Court were very limited indeed. It had no power to punish for contempt in the face of the Court, nor had it power to issue warrants for arrest to persons who failed to comply with any summons issued by it. It had a very limited jurisdiction. For example, it had only powers to make orders for maintenance up to $100 a month. Even when it had jurisdiction and had made an order, it had no power itself to enforce compliance with the order. This Bill, therefore, seeks to increase the powers of the Shariah Court.

Clauses 10 and 11 of the Bill give powers to the Shariah Court to make orders for maintenance and for the payments of rnas-kahwin or dowry and consolatory gifts and also power to enforce the orders in the same manner as fines may be livied in a Magistrate's Court.

Clause 7 of the Bill gives power to the Shariah Court to summon witnesses and to issue warrants of arrest to persons who fail to attend after being duly summoned, and also to exercise the powers of the Court under Chapter XXXII of the Criminal Procedure Code to punish contempts in the face of the Court.

Clause 5 of the Bill gives power to the Shariah Court to hear all appeals from the decisions of Kathis instead of, as formerly, only from refusals to register.

The Shariah Court has, to some extent, succeeded in giving greater stability to Muslim marriages in Singapore, as shown by a Table which I have caused to be prepared of marriages and divorces in Singapore. For 1957, the Shariah Court performed 2,303 marriages and divorced 1,192 persons, and in the case of revocation (rojo) there were 183 persons involved. In 1958, 2,332 persons were married, 1,149 were divorced, and there were 156 cases of revocation of divorce. The figures for 1959 are also available: Marriages were reduced to 1,953, divorces were reduced to 719, and revocations of divorce were also reduced to 76.

Although some success has been achieved, it is felt that more can be done. Clause 9 of the Bill provides, therefore that the Court should appoint arbitrators in all cases coming before it and that the arbitrators should endeavour to effect a reconciliation between the parties. In this respect, the arbitrators will, it is hoped, be assisted by the Muslim Social Case Worker who will be appointed. Power is also given to the Court in clause 10 to order the payment of a consolatory gift in cases where a divorce is unreasonably insisted on by the husband.

Lastly, Mr Speaker, Sir, the Bill seeks in clause 3 to impose some control on the solemnisation of Muslim marriages by providing that where the man, to be married has already a wife or wives living, the marriage may only be solemnised by the Chief Kathi, who shall satisfy himself that there are no lawful obstacles according to the Law of Islam to such marriage. Care has been taken not to go beyond the provisions of Muslim law in this respect.

The Bill has been referred to the Muslim Advisory Board and the All-Malaya Muslim Missionary Society who have both approved the provisions of the Bill.

Sir, I beg to move.

Question proposed.

3.48 p.m.

Inche Abdul Hamid Bin Haji Jumat (Geylang Serai): (In Malay): Mr Speaker, Sir, on my part and on behalf of U.M.N.O., we support the proposal to amend the Muslims Ordinance, 1957, on principle. Indeed, the time has come when we should give full powers to the Shariah Court to implement its administration in accordance with Muslim law. Sir, I pay my highest tribute to the Government for putting up this Bill.

However, there are many matters which I think should be placed before this House in connection with clause 3, where powers to solemnise the marriage of a man who already has a wife or wives living, are given to the Chief Kathi. I think this power is very wide and the question of giving it only to the Chief Kathi should be reconsidered by the Government because, in the opinion of my colleagues in U.M.N.O. and also in my opinion, this power should be vested not only in the Chief Kathi but also in all the other Kathis in Singapore. For instance, if the Chief Kathi himself wants to have more than one wife, who is going to solemnise the marriage? But a bigger problem arises when a person who already has a wife in Singapore goes to Johore Bahru and gets married there. What is the purpose then of having the Muslims Ordinance if we cannot control the citizens of Singapore who can marry and re-marry here? And if the Chief Kathi forbids a person from marrying here, that person will marry elsewhere. This is a problem which we would like to place before the House.

I would also like to refer to the Muslims Ordinance, 1957, in which this House gave powers only to the Chief Kathi to solemnise marriages of girls who have no guardians. This must also be considered.

Therefore, I appeal to the Government, particularly to the Minister for Labour and Law, to bring this Bill before a Select Committee so that these clauses can be further considered. As has been explained by the Minister for Labour and Law, I know that the Muslim Advisory Board and the All-Malaya Muslim Missionary Society have consented and given their approval to the amendments, but I do feel that this is a big issue affecting the lives of people of Islamic faith in Singapore. Under the circumstances, I appeal to the Government to refer this Bill to a Select Committee for further consideration.

Inche Ahmad Jabri Bin Mohammad Akib (Southern Islands): (In Malay): Mr Speaker, Sir, in a review of the Muslims Ordinance, amendments have been put up by the Government. We should adopt a certain attitude in matters affecting people of Islamic faith. The Bill is very wide in scope, and does not cover only marriage and divorce. Therefore, Mr Speaker, I feel that the steps we are taking to review the Muslims Ordinance should receive very careful consideration. I am not opposed to wider powers being given to the Shariah Court. The Minister has said that formerly marriage was considered to be a plaything. This Bill will have an adverse effect not only on the Muslim community in particular, but also on the citizens of Singapore as a whole.

On the question of giving powers to the Chief Kathi alone - it was brought up by the Member for Geylang Serai - I think the powers should not be given only to the Chief Kathi with the object of preventing unscrupulous persons from marrying two or more wives. Ordinary marriages can be solemnised by other Kathis, say, by the Vice-Kathi. We should also give the ordinary Kathis powers to enable them to conduct inquiries in the same way as investigations are carried out into the lives of persons who have wives and who wish to marry again. I cannot see any reason why the Chief Kathi alone should be given the powers as, in fact, the other Kathis are similarly responsible for solemnising marriages in Singapore. I am personally of the opinion that if only the Chief Kathi is given such powers we will not achieve the desired objectives. As I said earlier on, the ordinary Kathis should also be given special powers to carry out investigations before solemnising marriages.

There is also another point I wish to raise. If the Chief Kathi alone is so empowered, it would mean that he would have to carry out investigations based on information obtained from other people, before solemnising a marriage. Now, if a man lives far away from the City, say, in one of the Southern Islands, surely the Chief Kathi could not solemnise his marriage on the recommendation of the penghulu alone. If a person lives in Changi or in a far distant kampong where contact or communication with the Chief Kathi is difficult, it is natural for those people who live in that kampong to know all the details about a person who: wishes to marry again. Now, if the powers are given to the Chief Kathi alone, he will be unable to conduct a very careful study of the matter. Therefore, powers should be given to the other Kathis as well who can carry out a better investigation.

For these reasons, I think it is proper that this Bill should be referred to a Select Committee so that an opportunity could be given to the public to put up constructive suggestions for the better implementation of the Muslim law in Singapore.

Another point I wish to make is that many people in Singapore, who claim to be Muslims, have remarked that this Bill is very deleterious to the position of Islam in Singapore because no power is vested in the Shariah Court in the case of non-Muslims who cohabit with Muslim women. Therefore, if the Muslims (Amendment) Bill is referred to a Select Committee, more opportunity will be given to review it.

4.01 p.m.

The Parliamentary Secretary to the Minister for National Development (Inche Yaacob Bin Mohamed): (In Malay): Mr Speaker, on behalf of the Government which believes in practising democracy, I wish to say that the Government will not be unwilling to accept the suggestion by the Opposition to refer the Muslims (Amendment) Bill to a Select Committee for further consideration. However, before doing that, I would like to put forward my views. On the question of the powers of the Chief Kathi to solemnise the marriage of a person who already has a wife or more wives living. From the point of view of Muslim law, Islam does not encourage a man marrying more than one wife. On the other hand, it warns Muslims who wish to marry more than one wife but who are unable to afford it. In the interests of justice, a man should not marry more than one wife. If the power is vested only in the Chief Kathi, the question of marrying more than one wife, from the point of view of the Islamic people, can be controlled, thus preventing unscrupulous persons from marrying more than one wife and, after three months, divorcing their wives. It may be that between them, the wives will be able to pull their husband's ears! If we invest powers in the Chief Kathi only, those Muslims who can afford to maintain more than one wife will marry more than one wife. If we give this power to the ordinary Kathis, who I know are not paid-their income comes only from solemnising marriages-it will mean that investigations into the case of a person who wishes to marry more than one wife will only be carried out just for the sake of investigation, because if there is no marriage, then the Kathi will have no income. If the Chief Kathi, who is paid by the Government, has these special powers, he will be responsible to the Government for carrying out his functions effectively, and I am quite confident that this will mean a reduction in polygamous marriages. If a man cannot get married here and he goes to Johore, it is not our problem. There may be people who wish to go to Indonesia and marry there; or go to India or Egypt for that matter. It is not our business. But what matters is that we want an Ordinance in Singapore so that there will be less domestic conflicts between the many wives as a result of the Kathis not making proper investigations.

Mr Speaker, Sir, concerning guardians. This power is also given to the Chief Kathi who is paid by the Government. I have read in the newspapers lately that a youth eloped with a spinster from Johore. They came to Singapore to get married. The parents of this couple would ask the Kathi for an explanation. Such a marriage is possible nowadays because this is an era where people mix freely. If we give this power to the ordinary Kathis who are not paid by the Government and who depend solely on the solemnisation of marriages for their income, it will mean that no proper investigations will be carried out. Therefore, with the introduction of this Bill, I think a marriage without the sanction or the knowledge of the parents can be controlled completely. Mr Speaker, concerning the legal guardian, shall I say this is an easy matter, because I know if people from the kampong wish to marry, they will send for a Kathi. They pay a marriage fee of $15, apart from the question of transport to fetch a Kathi say, from Kampong Java to Changi. I think it will be better if the bride and bridegroom will go in one car and proceed to the office of the Chief Kathi, thus reducing a lot of expenses; and it is up to both of them to decide what kind of wedding feast they wish to have. So, Mr Speaker, this legislation which we are going to enforce is good. However, as a Government which believes in and practises democracy, we will not be unwilling to accept the proposition by the Opposition Members to refer the Bill to a Select Committee, so that every community in Singapore will be able to offer their views to the Government, particularly Islamic people, as this particular Bill affects them.

4.08 p.m.

Inche Mohd. Ali Bin Aiwi (Kampong Kembangan): (In Malay): Mr Speaker, I am a Malay and of Islamic faith. I have heard that the Government will not be unwilling to agree to the suggestion by the Opposition to refer the Bill back to the Select Committee. This is a good thing. But, Mr Speaker, I would like to clarify one point. As far as I know, the Parliamentary Secretary to the Minister for National Development has emphasised the problem of marrying one wife or more than one wife, and that the Kathi is only a witness. There are many Muslims who know about this. As an example, Ali has a daughter and Inche Yaacob asks for her hand. Inche Yaacob has already got a wife. Ali is very pleased and is very willing to accept Inche Yaacob as his son-in-law. I am quite sure Ali will accept Inche Yaacob because the Muslims Ordinance permits Inche Yaacob to marry Ali's daughter, although he has already got a wife. Therefore, the Kathi, whether it is the Chief Kathi or an ordinary Kathi, merely witnesses the marriage. The marriage is conducted according to Muslim rites. If I am wrong, please ask the Muslims who are in Singapore.

The Kathi is merely a witness to the marriage to ensure that it will not be in contradiction of the Muslim law. Under these circumstances, Mr Speaker, U.M.N.O. is of the opinion that if the Government agrees to this Bill to be further reconsidered, it will receive many reports and views on the matter.

Mr Speaker, I have followed the newspapers from day to day, particularly the local newspapers. As far as Muslim law is concerned, this Bill is different from the one which was approved by the previous Government in power in connection with monogamous marriages. I would like to know whether the staff of the Sharjah Court can make statements in the newspapers as to their views on Bills which have not already been approved by this Assembly? Can it be done by the staff of the Shariah Court, who are paid servants of the Government? Are they involved in or connected with other matters? It is a difficulty which I myself cannot clarify here. It is left to the Government to do so.

I also understand, Mr Speaker, as explained by the State Advocate-General in the newspapers, that the Chief Kathi is paid for his work and that all payments are returned to the Government. I wish to emphasise here that the Islamic faith believes that all men are the same. If we are industrious, we will be rich. God is almighty and just, and we cannot overcome the powers of God. If we allow the Chief Kathi to solemnise such marriages, there may be times when - as I have said, the Chief Kathi is just an ordinary human being - he may not be in the mood and he will reject the request to solemnise such marriages. If the ordinary Kathis are also given powers to solemnise marriages, I have no objection to their help. We can even place them on the establishment of the Court. I have already explained the reasons earlier in my speech. 4.15 p.m

Mrs Seow Peck Leng (Mountbatten): Mr Speaker, as a woman, I wonder whether, if this matter is referred to a Select Committee, Government would consider inviting the views of Muslim women to be represented to the Select Committee, just as they have done with the Pawnbrokers (Amendment) Bill. In all fairness to Muslim women, this Bill affects their lives. This Bill concerns women as a whole, and, if possible, could not the views of other women besides Muslim women be represented before the Select Committee?

Mr Speaker: I had better make it quite clear to the hon. Member that when a Bill is referred to a Select Committee, it gets out of the jurisdiction of the Government. It then comes within the jurisdiction of the Assembly. It is up to the Assembly or Members of the Select Committee to decide whom they wish to hear. It is not the Government which decides.

4.17 p.m.

Inche Baharuddin Bin Mohamed Ariff (Anson): (In Malay): Mr Speaker, in connection with the amendment to clause 3 concerning guardians, I have to add the views of the Muslims. I must admit that I am not well-versed in religious matters, and thus my interviews with people who are themselves well versed in religious matters have benefited me a lot.

Mr Speaker, what has been expressed by the Member for Kampong Kembangan has been very misleading indeed because, as far as I know, if I am not wrong, the Kathi is the guardian of the Prophet Mohammed. Peace be unto him. No ordinary man can become a Kathi. The Kathi is a guardian of the Law of Islam and is held in high esteem.

Back to the amendment. If we have many Kathis who can solemnise marriages and there are men who wish to marry more than one wife, I think there is no purpose in this Government restricting the many divorces which are prevalent among the Muslim community. For instance, Mr Speaker, many Kathis are permitted to solemnise marriages for men who already have wives. As an example, a Muslim goes to a Kathi and tells him that he wishes to marry another girl. The Ordinance says that if he can afford to maintain two wives he can do so because there are no such restrictions. It follows, therefore, that if he is not permitted to take another wife, he will then naturally go to another Kathi, and if he fails in his second effort, he will go to the next Kathi, until in the end all the Kathis have been approached because being a human being, he will make an all-out effort to get married to another girl if he wants to marry. But he will make no attempt to raise his standard of living. I have heard it said that if we take four wives we will be following the footsteps of the Prophet Mohammed but that we do not practise what the Prophet practises, that is to say, say our prayers five times a day. If the power to solemnise the marriage of persons who already have wives is vested only in one Kathi, it will mean that there will be less people who can marry more than one wife. Take the example quoted by the Member for Kampong Kembangan. Inche Yaacob wishes to marry his daughter. It does not matter. The Kathi, in his own words, is a witness.

Mr Speaker: Order. I do not think the Member for Kampong Kembangan was referring to Members of this Chamber. I think he was giving figurative examples. I do not think he meant that there should be a union between the Government Benches and the Opposition!

Inche Baharuddin Bin Mohamed Ariff: It is misleading, Mr Speaker.

Mr Speaker: Order. I do not think that is misleading at all. I think the word is "figurative" and not "misleading".

Inche Baharuddin Bin Mohamed Ariff: (In Malay): Mr Speaker, the Member for Kampong Kembangan said he is a Malay and is of the Islamic faith. So am I. I very much regret to say this, Mr Speaker. He himself mentioned his name Ali and Yaacob, therefore it is better for me also to mention Ali and Yaacob. If Ali's daughter is in love with Inche Yaacob, who has already got a wife, and if Ali permits his daughter to marry Inche Yaacob, then it is all right. But if Inche Ali does not wish his daughter to marry Inche Yaacob, then Inche Yaacob will elope with his daughter. When they elope, they will go to a Kathi. If the Kathi says, "You both cannot marry," then they will go before another Kathi until finally they succeed. In the words of the Parliamentary Secretary to the Minister for National Development, if this power is vested in many Kathis - we know that they are not paid, and the marriage fees will he handsome - it means more business for them. It is not because I have no confidence in the other Kathis here in this House, Mr Speaker. I do not wish to condemn them. But as I have said just now, the Kathi is the guardian of the Prophet Mohammed on this earth.

Inche Mohd. Ali Bin Alwi rose -

Mr Speaker: If the Member will give way.

Inche Baharuddin Bin Mohamed Ariff: Yes, I will, Sir.

Inche Baharuddin resumed his seat.

Inche Mohd. Ali Bin Alwi: (In Malay): Mr Speaker, the Member for Anson has said that the Kathi is a guardian of the Prophet Mohammed Who is the true guardian of the Prophet Mohammed? May I have an explanation, please?

Inche Baharuddin Bin Mohamed Ariff: (In Malay): As I have said earlier, I am not well versed in religious matters, but the Kathi is a guardian or a representative of the Prophet so far as it concerns marriages between men and women; not, as the Member for Kampong Kembangan said, that the Kathi is merely a witness so that anybody can be a Kathi. I can be a Kathi. All right, let me marry them. But this is not the case, Mr Speaker. Because, in accordance with Islamic law, the position of the Kathi is held in high esteem, as far as it affects the solemnisation of marriages between men and women both of Islamic faith. I have said that I am not well versed in religious matters, but the views that I have expressed have been derived from my contacts with people. I do not wish to condemn or criticise the Kathis, but I have heard cases where some of them have not fulfilled their functions factually. Therefore, we find from the statistics that divorces are prevalent, because unscrupulous persons are exploiting Muslim women on the grounds that the Islamic law permits a man to keep four wives. So this Government's intention is to prevent Muslim women from being further oppressed by unscrupulous persons. The moral practice of this law will be felt not by anybody else but by our own Muslim society. After having got the views of those people well versed in religious matters, I agree that only one Kathi should be given the power to solemnise marriages, irrespective of whether he is the Chief Kathi or an ordinary Kathi, in the case of persons who already have wives in Singapore, because he will be in a position to carry out a thorough investigation as to whether the person concerned is able to afford more than one wife.

4.28 p.m.

Inche Ahmad Bin Ibrahim: (In Malay): Mr Speaker, I am surprised to hear the debate on the Islamic law. It is not my intention to criticise or to give advice, but I hope Members in this House, particularly Members of the Opposition, will be very careful in respect of matters touching on religion. We are not the only people here who can settle this matter. As far as the Government is concerned, as has been stated by the Parliamentary Secretary to the Minister for National Development, it is prepared to refer this Bill to a Select Committee where opportunity will be given to persons, who are more well versed with such matters, and Islamic associations to express their views in line with the teachings of the religion of Islam.

Mr Speaker, as Muslims in the true sense of the word, we must be very careful if we wish to take part in debates touching on Islam, lest we slip up or we go beyond the limit. I have heard the Member for Kampong Kembangan say, during the course of the debate, that the Kathi is merely a witness. As I have said earlier on, Mr Speaker, it is not my intention to criticise or advise, because I am prepared to admit that I am not well versed in religious matters. However, as a responsible Muslim, I think the statement that a Kathi is a witness is complete distortion. I think the Member for Kampong Kembangan has been misled or has slipped up. The Kathi is not a witness. He is a person delegated with powers to solemnise the marriage of a would-be bride. The father of the bride delegates his power to the Kathi who solemnises the marriage. Aside from the Kathi, we need to have persons to witness the solemnisation of the marriage. As far as I know, it is not a mistake. It is a common thing which is being practised when solemnising marriages of Islamic people. The Kathi performs the solemnisation and, aside from him, there are two other witnesses. That means that the Kathi is not a witness.

As I have said, Mr Speaker, this matter concerns religion. The Government has repeatedly given an assurance that it is prepared to refer this matter to a Select Committee where we will be in a position to receive and hear reports submitted from Islamic bodies. So we can give a final decision, if necessary, should the Islamic people agree by a majority with the amendments. I am quite sure the Government will pay heed to any amendment which may be for the good of the people of Islam. I particularly request Members of the Opposition to let us finalise this matter in Select Committee.

4.33 p.m.

Inche Buang Bin Omar Junid (Kallang): (In Malay): Mr Speaker, I wish to say a few words on the subject. Just now the Member for Kampong Kembangan said that the Kathi is a witness. I think he is unable to understand the real position. I got married when I was young and I remember a Kathi solemnised my marriage. This means that the Kathi has power to do this.

Mr Speaker, on the subject of solemnising marriages, I agree completely that the power to do so should be given only to one person, that is, the Chief Kathi, the reason being that it will mean that the wives will be protected from being oppressed by their husbands who try to make use of them only as playthings. Or maybe because their wives are not beautiful or they are already aged, so they, only through lust, try to marry another one. If we appoint only one man who can perform this solemnisation ceremony, I am confident that more than one marriage will be curtailed or marriages will be reduced to a minimum. But, Mr Speaker, if this power to solemnise marriages is given to many Kathis, as explained by my colleagues just now, and if one Kathi refuses to solemnise a marriage, the matter will go from one Kathi to another until finally the would-be husband in the end succeeds in getting married. If this power is given to many Kathis in Singapore, I feel that not only will a man marry more than one wife, but he may also be able to marry four wives, in accordance with the Islamic law. If this is practised, it is no use for this Government to administer the law in Singapore to prevent or at least to reduce such tyrannical acts on the part of husbands towards their wives by marrying more than one wife. Mr Speaker, I agree wholeheartedly with the sentiments expressed by my colleagues because, in addition to helping those wives who have become victims, we will be able to prevent husbands from marrying more than one wife.

Mr Speaker: Does the Minister wish to reply?

Mr Byrne: No.

Question put, and agreed to.

Bill accordingly read a Second time.

Committed to a Select Committee consisting of Mr Speaker as Chairman and seven other Members to be nominated by the Committee of Selection.- [Dato Abdul Hamid].