MARRIAGES OF MUSLIMS AT REGISTRY OF MARRIAGES

Haji Rahmat bin Kenap asked the Minister for Social Affairs how many Muslims have contracted marriage at the Registry of Marriages instead of the Shariah Court; and if his Ministry will request the Registrar of Marriages to check that Muslims first declare themselves 'Non-Muslim', to bring such cases to the attention of the Shariah Court and not to solemnize the marriage of such persons until the Shariah Court is satisfied that they are really not 'Muslim' anymore.

The Minister for Social Affairs (Dr Ahmad Mattar): Mr Speaker, Sir, the hon. Member for Geylang Serai wants to know the number of Muslims who had contracted marriage at the Registry of Marriages instead of the Shariah Court. I believe he is referring to the Registry of Muslim Marriages and not the Shariah Court.

The Statistics Department does not keep separate statistics of marriages contracted by Muslims under the civil law. This is because the number of Muslims who contract marriage under the Women's Charter is extremely small. However, statistics of Malays who contract marriages under the civil law each year show that only a small number are involved. There were: 41 out of 15,556 marriages in 1972 67 out of 22,576 marriages in 1973 66 out of 23,775 marriages in 1974 74 out of 20,175 marriages in 1975 and 86 out of 18,551 marriages in 1976.

The Registrar of Marriages is not empowered by law to inquire whether either party to a mixed religious marriage involving Muslims has renounced his or her religion. So long as the couple complies with the requirements under the Charter, the Registrar is obliged to solemnize and register their marriage. This legal provision is in accord with the Government's policy for freedom of worship in the country.

Haji Rahmat bin Kenap (Geylang Serai): ( In Malay): Mr Speaker, Sir, from the figures given by the Minister, it seems that the number of such marriages is increasing. If such marriages continue to be contracted, I would like to point out that, firstly, in the eyes of Muslim law these marriages are not valid. The status of "husband and wife" is illegal according to Islamic law, and therefore their children are illegitimate. Secondly, there is the question of division of property. If the husband dies and since the wife is not a Muslim, problems of distribution of property can arise. Therefore, can the Minister introduce legislation to control the marriages of Muslims?

Dr Ahmad Mattar: Mr Speaker, Sir, as I have mentioned earlier, in line with the Government's policy of religious freedom for all, it is not advisable to force a Muslim to renounce his or her religion before marrying a non- Muslim. It would be better for the parties to such mixed religious marriages to be persuaded to register their marriage under the Muslim law. It is definitely unwise to either force a Muslim party to renounce his or her faith or to deny the couple the right to be legally married in the eyes of the law.