ADMINISTRATION OF MUSLIM LAW BILL

Order for Third Reading read.

6.54 p.m.

Mr Speaker: Notices have been given by the Minister for Culture and Social Affairs and Inche A. Rahim Ishak of amendments in respect of clauses 49, 52, 65 and 82 as set out in the Order Paper Supplement. The Bill accordingly stands recommitted to a Committee of the whole House in respect of those clauses.

No other Member giving notice -

Mr Speaker: Inche Othman, Committee stage, what day?

The Minister for Culture and Social Affairs (Inche Othman Bin Wok): Now, Sir.

Bill considered in Committee.

[Mr Speaker in the Chair]

6.55 p.m.

Clause 49 -

Inche Othman Bin Wok: Mr Speaker, Sir, I beg to move,

In page A15, line 44, to leave out "three years" and insert "one year".

This amendment is necessary to keep in line with the amendments made to paragraphs (a) and (b) of the sub-clause. The amendment was proposed by the United Malays National Organisation and the All-Malaya Muslim Missionary Society and is in line with amendments in the United Arab Republic which we have agreed to follow.

Sir, I beg to move.

Amendment agreed to.

Clause 49, as amended, ordered to stand part of the Bill.

Clause 52 -

Inche Othman Bin Wok: Mr Speaker, Sir, I beg to move,

In page A18, after line 17, to insert -

"(c) the custody, maintenance and education of the minor children of the parties; and".

This paragraph was in the Muslims (Amendment) Ordinance, 1960, and has unfortunately been omitted. I feel the Shariah Court should have power to make orders relating to the children of the marriage.

Sir, I beg to move.

Amendment agreed to.

The Chairman: There are two consequential amendments:

(1) In page Al8, line 17, to leave out "and".

(2) In page A18, line 18, to re-letter para graph "(c) " as paragraph "(d) ". These will be done.

Clause 52, as amended, ordered to stand part of the Bill.

Clause 65 -

Inche Othman Bin Wok: Mr Speaker, Sir, I beg to move,

In page A23, line 27, to leave out "invest-ment" and insert "investments". This is purely a typographical mistake.

Sir, I beg to move.

Amendment agreed to.

Clause 65, as amended, ordered to stand part of the Bill.

Clause 82 -

Inche Othman Bin Wok: Mr Speaker, Sir, I beg to move,

In page A29, line 4, to leave out the comma. This is again purely a printing mistake. Sir, I beg to move.

Amendment agreed to.

Clause 82, as amended, ordered to stand part of the Bill.

Bill reported with amendments.

Third Reading

Mr Speaker: Third Reading, what day?

Inche Othman Bin Wok: Now, Sir. I beg to move, "That the Bill be now read a Third time."

Mr Speaker, Sir, as this is a very important Bill which will affect all Muslims in the Republic, and so that what I have to say in this House is fully understood and appreciated by them, especially the Malays, I will speak in the national language.

(In Malay) The Administration of Muslim Law Bill, which has been under consideration for a number of years, was referred to a Select Committee in January 1966 after its introduction into Parliament. The closing period for the submission of written representations on the Bill, originally fixed on 24th January, 1966, was eventually extended to the 31st March, 1966. In all, 18 written representations were received and oral evidence was heard from 14 of the representors. The Bill was subjected to close scrutiny not only by Muslim organisations and persons but also by the Select Committee which had the benefit of the advice not only of the Attorney-General but also of Tuan Haji Mohamed Sanusi Bin Mahmood, the President of the Shariah Court. The Bill was also referred to a number of Muslim scholars in England and the United Arab Republic and it is hoped that the Bill, while it may not satisfy every one, will be welcomed as a significant step forward in the regulation of Muslim religious affairs and in the proper administration of Muslim law in Singapore.

The Bill, it must be emphasised, does not seek to deal with the Muslim law itself but only with its administration. No attempt has been made to alter the fundamental concepts or rules of Muslim law and where the Bill suggests improvements in the administration of the Muslim law, every effort has been made to follow the precedents which have been adopted in other Muslim countries. The Bill, in the main, follows the structure of the various Administration of Muslim Law enactments in the States in Western Malaysia and it has also followed the changes in the administration of Muslim law in the Arab countries and in Pakistan and, in this respect, represents a considerable advance towards the better administration of the law and the removal of discriminations and abuses in such administration.

The Bill seeks to constitute a Council of Muslim Religion which will be responsible for the regulation of Muslim religious affairs in Singapore. Most of the representations received dealt with the composition of the Council and many would like it to be a fully elected body entirely free from any control or supervision. This, no doubt, would be an ideal to which all of us should strive. But those who are aware of the position in Singapore and of how easily religious issues can be used or abused to create division, dissatisfaction and civil strife must agree that, to begin with, at any rate, there must be some control and supervision, not necessarily by the Government but by the more stable elements in Muslim society. The Bill therefore provides for an equal number of elected and appointed members - and this is indeed in line with the composition of the Councils of Muslim religion in the States of Malaysia. In the present stage of Muslim society in Singapore, also, it would appear that election from the Muslim registered societies in Singapore will not, in fact, provide a representative body in Singapore and the power of the President to appoint members will enable the Majlis to be a body more fully representative of the Muslims of Singapore. This will be the first time that the Muslims of Singapore will have a body to regulate their religious affairs. The Council of Muslim Religion will have considerable executive powers and will not be merely an advisory body like the Muslim Advisory Board. It appears to be wise caution to ensure that the powers of the Council are not abused, that it will be an executive body whose sole purpose is to serve the interests of the Muslims of Singapore and that it will not be used for any personal, sectional or political purposes. On behalf of the Government, I should like to give the assurance that no political influence will be made to bear on the Council. All that the Government is interested in is to see that the affairs of the Muslims in Singapore are entrusted to a wise, forward-looking and stable organisation.

Mr Speaker, Sir, the Council, as I have said, will have considerable executive powers. Some representors would like to deny the Council these powers and, in effect, to leave the organisation of Muslim society very much as it is at present. The power of the Majlis to arrange for the orderly collection and distribution of zakat and zakat fitrah has, for example, been criticized. At present, zakat fitrah is collected not only by Muslim societies, including political organisations, but also by individuals. There is duplication and wastage of resources. If zakat fitrah were properly collected, a sum of $100,000 can be collected each year and this will provide an effective fund for the relief of poverty and distress among the Muslims in Singapore. Some representors again would deny the Majlis the powers in relation to charitable foundations which are now possessed by the Muslim and Hindu Endowments Board. The Bill, it is true, provides that the Majlis shall have power to take over the administration of any Muslim charitable endowment, if it is shown that this is to the advantage of the endowment. This power is already possessed, as I said, by the Muslim and Hindu Endowments Board. It is not contemplated that the Council will be able to take over the administration of all Muslim endowments in Singapore; most of them will still be under the control of private trustees but subject to the supervision of the Council and with power to the Council to remove the trustees and appoint new trustees, where such a step appears to be necessary. I should like to emphasise that the Council will be a Muslim organisation, whose members should and can be trusted to ensure that the interests of the Muslims will be safeguarded.

The Bill seeks also to strengthen the powers of the Shariah Court in Singapore and to provide for the better administration of Muslim law in Singapore. A Mufti will be appointed and he will be the Chairman of a Committee of the Council which will be empowered to give rulings on Muslim law. The administration of the law relating to marriage and divorce has been further strengthened following the precedents in the Arab countries and Pakistan, and the Bill will provide that the Muslim law will apply not only to the distribution of Muslim estates on intestacy but also to testate succession among Muslims. In all these matters, the views of the representors have been given full consideration and the Bill has, in fact, been amended to meet the representations made.

In many respects, the Bill represents a compromise. On the minimum age of marriage, for example, some representations would like the age increased to eighteen; others would prefer not to have a minimum age of marriage. The Bill provides that the minimum age shall be 16 years.

While it has not been possible to please everybody and to accept all the representations made, it is hoped that the Bill will be welcomed as one more step - a significant step - in the regulation of Muslim affairs and in the proper administration of Muslim law in Singapore. The Bill also represents a significant advance in social legislation for the protection of women, and it is hoped that Muslim women will, in particular, welcome the Bill. The Bill has not, it is true, given the Muslim women all the benefits of the Women's Charter, 1961, but in itself and within its limitations it represents a charter which has restored to Muslim women their rights of which for long they have been deprived.

Sir, I beg to move.

Question proposed.

Tuan Haji Yaacob: (In Malay): Mr Speaker, Sir, every law that is enacted cannot satisfy all sections of the people. The Administration of Muslim Law Bill, which is now being read a Third time today, does not amend the Muslim law itself, but it is a Bill to administer Muslim law. Here arises misunderstanding among members of the public, because the States in Malaysia, who are our immediate neighbours, have established Councils of Muslim Religion to administer the Muslim law in their States. It is appropriate that Singapore, as their immediate neighbour, should have a similar law. Furthermore, in addition to being a neighbour, we have maintained close contacts with them.

All parts of the Muslim law have been taken from Muslim laws implemented in Western Malaysia and which, I believe, before their enforcement, have been given careful consideration by the Ulamas in their respective States and which have eventually been approved by the State Assemblies. To be in line with our neighbours, it can be said that more than 80 per cent, or more than 100 clauses in this Bill have been taken from States like Penang, Selangor and Pahang, and the remainder from the Muslims Ordinance, 1957, which is in force at the moment.

I welcome the speech of the Minister for Social Affairs which says that this Bill will be implemented in stages. The most important is the setting up of a Council of Muslim Religion, a Mufti, and a Council of Rulings, or Fetua. It is up to the Legal Committee and the Council of Muslim Religion to put up recommendations to the Minister concerned if they find it necessary to amend parts of the Bill. I am sure that the Minister in charge will give due consideration if such amendments are found necessary in future.

On principle, and for the reasons stated above, I fully support the Bill.

Inche Rahamat Bin Kenap (Geylang Serai): (In Malay): Mr Speaker, Sir, I support the motion "That the Bill be now read a Third time." The Government has given full opportunity to Muslim bodies and Muslims individually to study the Bill, which has been deferred for about four years. We need the Bill to be implemented early, because our first object is to administer smoothly the Muslim law in the Republic.

We have had an assurance from the Minister for Social Affairs that the Bill does not touch on the fundamental concepts of Islam. Therefore, those who accuse that this Bill is contrary to the interests of Islam are wrong. They do so deliberately with a view to misleading the Muslim population.

I believe that the passing of this Bill in the Republic will be one step further in the advancement of Muslim affairs. It is true that this Bill cannot satisfy all sections of the Muslim population, but I am sure that when the Council of Muslim Religion is set up, its implementation will be examined from time to time to fit in with the changing times.

I hope that the Muslim population in the Republic will give their full support in the implementation of this Bill. I wish to emphasise that the Select Committee of Parliament has carefully considered representations on the Bill, both verbal and written, and these have been incorporated in the Bill. There is no truth whatsoever that the Government has ignored or neglected representation from Muslim bodies.

The Minister has also given the assurance that this Bill, when approved, will be implemented stage by stage. This is proper procedure because the provisions in the Bill can be examined from time to time. I wish to reiterate that only a minority of the Muslim population are opposed to this Bill, and I know that their opposition is not in the interest of Muslims but in their own self-interest.

Mr Speaker, I fully support the Third Reading of the Bill.

Inche Mohd. Ariff: (In Malay): Mr Speaker, for many years, people of Muslim faith in Singapore have been waiting for this Bill to be read a Third time when it was referred to a Select Committee. I believe that the Muslims in Singapore will now be at ease on the passing of this Bill. I am also sure that there will be groups dissatisfied with this Bill.

The first aim of the Bill is to protect and safeguard all Muslims as a whole in our Republic. But those Muslims who are at a disadvantage with the passing of this Bill will be dissatisfied with it. However, Mr Speaker, we must protect and safeguard the majority.

I welcome the assurance of the Minister for Social Affairs that the implementation of the Bill will be carried out stage by stage. This is practical and wise, because this is a Bill which affects Muslims as a whole. Therefore, it is necessary for us to examine it from time to time with a view to improving it. I am sure that it will satisfy all Muslims in Singapore in due course.

On the other hand, Mr Speaker, whilst welcoming the Minister's assurance that it will be implemented stage by stage, I hope an assurance will also be given by him to appoint members to the Council when the time comes. I hope he will once again use his discretion so that political elements will not be appointed to the Council, including those from the ruling Party. In this way the Council will comprise persons who are really conversant with Muslim law, so that it will not be used as a political platform.

I believe, Mr Speaker, that if the Minister in charge can judiciously implement this Bill, the majority of Muslims will have confidence in it. However, there will be Muslims who will be dissatisfied because they will be at a disadvantage or because they may not be appointed to the Council. No person in this world can satisfy every member of his community, but what we can do is to satisfy the great majority of the community.

7.30 p.m.

Inche Mahmud Awang: (In Malay): Mr Speaker, Sir, the Administration of Muslim Law Bill was first introduced in 1960. At that time, the Bill was in English and there was a Malay rendition, We must also remember, Mr Speaker, that in 1960 the P.A.P. was in power. Prior to that, there was an Alliance Government which included political Parties like U.M.N.O. Since the P.A.P. Government introduced the Bill in 1960, representations have been put forward by the Muslim community. Today we will be taking the Bill through its Third Reading. Over a period of six years - six years is a long period - opportunity was given to the Muslim population to consider, examine, and decide upon the Bill which affects the Muslim community. Certainly, Mr Speaker, this Bill seeks to put right the administration of Muslim law which is being administered by the Muslims themselves. By Muslims, I mean those qualified Muslims who are holders of diplomas and who are very conversant with Muslim law. They are experts in the Muslim law, and will remove persons who use the Muslim religion for their own self-interest or for their own monetary interest - like the collection of zakat fitrah - and not for the interest of the Muslim community. It follows that, from the point of view of the Muslim community, there exist persons who misuse religion, as, for instance, the collection of zakat fitrah not in accordance with the Muslim law. According to today's newspapers - the Straits Times and the Utusan Melayu - U.M.N.O, has expressed its views which, inter alia, support the Bill in principle. U.M.N.O. has emphasised on the membership of the Council of Muslim Religion. That is the worry of U.M.N.O. There is no other worry as far as they are concerned. In the Utusan Melayu today, it is mentioned that the Select Committee has rejected U.M.N.O. proposals. It has been mentioned earlier on by the Minister for Social Affairs that, among the representations, the Select Committee has accepted some. What the Select Committee has rejected is that we do not want members of the Muslim religion in Singapore who are unqualified in matters relating to Muslim law. These members must be holders of recognised diplomas from an Islamic university. The Government want such people to be members of the Council.

Mr Speaker, Sir, if there are U.M.N.O. leaders who are qualified and who have graduated from Islamic universities, and if they are anxious to sit on the Council, they are at liberty to submit their applications to the authorities concerned. If there is any member of U.M.N.O. who has been left out and who is aspiring to be the President of the Council of Muslim Religion, if he is qualified and in possession of the requisite academic qualifications, the Government will not hesitate to appoint such a person. The object of the Government is to appoint suitably qualified persons. There should be no worry from U.M.N.O. because our real aim is to protect and promote the Muslim community so that they will not be duped by persons who misuse this religion for their own political interest.

Naturally, Mr Speaker, Sir, political Parties in the opposition want to hinder the passage of the Bill because it has been brought out by a Party which does not play on religion, like our opposition political Parties. Yet we are prepared to protect the interest of the people of Singapore irrespective of race, colour or creed. We are responsible for the Republic of Singapore as a whole. That is all, Mr Speaker.

Question put, and agreed to.

Bill accordingly read a Third time and passed.