ADMINISTRATION OF MUSLIM LAW BILL

Order for Second Reading read.

3.01 p.m.

The Minister for Culture and Social Affairs (Inche Othman Bin Wok): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

This Bill has been under consideration for a long time and its provisions have been considered in detail by the Muslim Advisory Board and copies of the Bill have been sent to a number of Muslim bodies in Singapore. The comments which have been received on its provisions have been considered by the Muslim Advisory Board and the present draft incorporates the suggestions which have been considered reasonable and in keeping with the scheme and purpose of the Bill.

The Bill in the main follows the legislation in the States of Malaya, which have tended to follow the model set by the Administration of Muslim Law Enactment of Selangor in 1952. The Bill, however, incorporates the provisions which were designed to control the exercise of the right of divorce and the permission of polygamy which were first introduced in Singapore, and which have, I am happy to say, been followed in recent legislation in the States of Malaya, notably in Selangor, Negri Sembilan and Perlis.

Part II of the Bill constitutes a Majlis Ugama Islam or a Council of Muslim Religion to advise the President in matters relating to the Muslim religion. The Majlis, unlike the present Muslim Advisory Board, will have certain executive powers in issuing rulings on Muslim law and the administration of Muslim Charities and will be a corporation, with power to hold property and to sue and be sued.

Part III of the Bill in the main reenacts the provisions of the Muslims Ordinance, 1957. It is sought to give power to the Shariah Court to deal with cases where the parties were married under the Muslim law but where one or both of the parties have ceased to be Muslims (clause 35). At present there is no provision whereby a party to such a marriage can obtain a divorce, for example, as the Shariah Court has only jurisdiction in cases where all the parties are Muslims and the High Court has no jurisdiction in the case of Muslim marriages. It is expressly provided, to remove all doubts, that the Shariah Court will apply the Muslim law, as varied by Malay custom, that is, clause 35 (2) . Provision is made for representation by authorised agents (clause 38) and for reciprocal arrangements for the service of summonses in the States of Malaysia (clause 41). Clauses 47 to 49 of the Bill clarify the law relating to applications for divorce by a married woman, and clause 49 sets out the grounds on which a married woman can apply to the Court for judicial divorce on fasakh. The provisions relating to the appointments of arbitrators in marriage disputes has been strengthened by giving power to the Shariah Court, where the arbitrators originally appointed are unable to reach agreement, to appoint other arbitrators or hakam with power in appropriate cases to effect a divorce (clause 50). Power is given to the Shariah Court to order payment of maintenance beyond the period of eddah, if the Court is satisfied that it is fit and proper to do so. That is in clause 52.

Part IV of the Bill deals with the financial powers of the Council of Muslim Religion and in particular it establishes a General Endowment Fund. Hitherto there was no such fund in Singapore and there was therefore no central organisation which could deal with Muslim charitable trusts. Some Muslim endowments are at present administered by the Muslim and Hindu Endowments Board but the majority are administered by private trustees. Provision is made in the Bill for the vesting of Muslim religious trusts in the Majlis and the manner in which the incomes of Muslim religious endowments are to be applied. The Majlis is also empowered, with the approval of the President, to collect zakat and fitrah.

Part V of the Bill deals with mosques of which the Majlis is to be the sole trustee with powers to control the erection of new mosques and with duties to keep existing mosques in good order and repair. Power is given to the Majlis to appoint committees of management for mosques and also to appoint officials. It is the hope of the Government that in this way the Imams and other officials of the mosques will have a better status and position in society and that the mosques will be able to be the focus of Muslim activities in the various districts and parts of Singapore. Provision is also made for the registration and supervision of Muslim religious schools.

Part VI deals with matters relating to marriages and divorces and re-enacts with amendments the provisions of the Muslims Ordinance, 1957. It is proposed that the powers at present exercisable by the Chief Kathi should be exercised by the Kathis attached to the Shariah Court. Provision is made for the appointment of Naib Kathis who will be mainly concerned with the solemnisation and registration of marriages, to which the guardians or walis have consented. Where the woman has no wali or guardian, or where the wali or guardian refuses his consent to the marriage, the marriage may be solemnised and registered by the Kathis attached to the Shariah Court. All divorces will similarly be dealt with by the Kathis in the Shariah Court. There are at present two Kathis attached to the Shariah Court, and if the need arises, additional Kathis will be appointed. It is proposed that the imams of mosques in Singapore should be appointed Naib Kathis. The Bill seeks to lay down the age of 15 years as the minimum age of marriage for Muslims, but power is given to the Kathi to approve a marriage in special cases, where the girl has attained puberty. In view of the hardship that can be caused in cases where the man divorces the woman by three talak, it is proposed that such cases should be referred to the Shariah Court, so that the Shariah Court can be satisfied that the interests of all parties are adequately safeguarded.

Part VII deals with property and in the main re-enacts the provisions of the Muslims Ordinance. 1957. One major change is the provision that the Muslim law shall apply to dispositions by will by Muslims. The effect will be that a Muslim can only freely dispose of one-third of his property by will; the balance must be distributed to the persons entitled to take an intestacy.

Part VIII of the Bill deals with conversion. Power is given to make rules to provide for the procedure for conversion and the Majlis is required to maintain a register of converts.

Part IX deals with offences relating to marriage and divorce. It does not go to the extent of punishing offences against the Muslim religion, as in the States of Malaya, but clause 130 provides for the punishment of persons who cohabit and live with another person outside marriage. The Bill also provides for the control of Muslim religious lectures so as to ensure that such lectures are not used for political or communal propaganda or to advocate teachings or doctrines which are repugnant to the teachings of Islam.

Part X deals with miscellaneous matters and gives power to make rules.

The Comparative Table attached to the Bill shows that many of the provisions of the Bill follow similar provisions in the corresponding enactments in Selangor, Pahang and Penang which are, however, merely cited as examples.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time.

Inche Othman Bin Wok: Mr Speaker, Sir, as this Bill is, in your opinion, a hybrid Bill, in accordance with the provisions of paragraph (1) of Standing Order 64, I beg to move,

That the Bill be referred to a Select Committee consisting of Mr Speaker as Chairman and seven Members to be nominated by the Committee of Selection.

Question put, and agreed to.

Resolved,

That the Bill be referred to a Select Committee consisting of Mr Speaker as Chairman and seven Members to be nominated by the Committee of Selection.