ADMINISTRATION OF MUSLIM LAW (AMENDMENT) BILL

Order for Second Reading read.

The Minister for the Environment and Minister-in-Charge of Muslim Affairs (Dr Ahmad Mattar): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, in May 1984, the Administration of Muslim Law Act (AMLA) was amended to extend the purpose and application of the Mosque Building Fund to the payment of contributions to Yayasan MENDAKI, or Council on Education of Muslim children. The amendment which came into force on 1st October 1984 enabled Muslims in Singapore to voluntarily contribute 50 cents each month to Yayasan MENDAKI through the CPF Board. Yayasan MENDAKI was registered as a society under the Societies Act on 10th October 1982.

In May 1989, Sir, MENDAKI organised the Singapore Malay-Muslim Development Congress to look into various issues facing the Malay-Muslim community. The Congress endorsed, among other proposals, the expansion of the scope of activities of Yayasan MENDAKI from promoting secular and religious education for Muslim children to promoting the economic, social and cultural conditions of the Muslim community. To pave the way for its enlarged role, the Congress approved the dissolution of the original Yayasan MENDAKI, the society, and the incorporation of a new Yayasan MENDAKI or Council for the development of the Muslim community as a company limited by guarantee under the Companies Act.

Sir, the first Yayasan MENDAKI was dissolved on 13th August last year and all its assets, liabilities and activities were transferred to the new Yayasan MENDAKI, the company, which had been incorporated on 28th June 1989.

Sir, Yayasan MENDAKI, as defined in section 2 of the Administration of Muslim Law Act, refers to Yayasan MENDAKI, the society. Clause 2(c) of the Bill redefines the term Yayasan MENDAKI to take into account the fact that the body known as Yayasan MENDAKI, the society, has been dissolved and its functions taken over by a body corporate of the same name incorporated under the Companies Act.

Mr Speaker, Sir, since the Administration of Muslim Act has to be amended, the opportunity has been taken to amend several other sections of the Act.

Clause 3 amends section 5 to empower the Majlis Ugama Islam Singapura (MUIS) to erect any building on any property belonging to it. MUIS has been served notice on three of its wakaf properties to clear all temporary structures and spruce up the areas or redevelop them. If it fails to comply with the notice, the sites are liable to be acquired.

Sir, MUIS intends to comply with the notice and redevelop the wakaf properties to avoid acquisition by the authorities. Clause 3 is therefore to give MUIS the power to erect any building on any property vested in, belonging to or acquired by it.

Another amendment deals with the membership of MUIS. Clause 4 amends section 7 to include a Vice-President to be appointed by the President of Singapore. Sir, I wish to explain that there is a proviso with regard to the inclusion of a Vice-President in the membership of MUIS. A Vice-President will only be appointed if the person appointed as the President of MUIS is also holding other appointments. The rising expectations of the Muslim community on the services to be provided by MUIS make it difficult for the President of MUIS, who is discharging his duties on a part-time basis, to do so effectively without any assistance.

Therefore, if the person appointed as President of MUIS is able to carry out his duties only on a part-time basis, a full-time Vice-President will be appointed to help him. When MUIS has a full-time President, the Vice-President's position will not be filled.

Sir, at present, Naib Kadis are not appointed on a fixed term. Clause 8 amends section 91(3) to specify a fixed period for the appointment of a Naib Kadi. This will allow the Registrar of Muslim Marriages to periodically review his performance.

Under the Act, the Registrar of Muslim Marriages keeps the General Register of Marriages, the General Register of Divorces and the General Register of Revocation of Divorces. I believe the reason was when the Act was passed in July 1968, the Syariah Court and the Registry of Muslim Marriages were housed in the same building at Fort Canning. Sir, now that the Syariah Court and the Registry of Muslim Marriages are operating from different premises, there is no reason for the Registrar of Muslim Marriages to continue to keep the General Register of Divorces. Certificates of divorce are issued by the Syariah Court and should rightly be kept by the President of the Syariah Court. Clauses 2(a), 2(b) and 10 amend sections 2, 100 and 101 to give effect to these changes.

Sir, one other minor amendment is to allow the Registrar of Muslim Marriages to correct any error of a clerical nature in any entry in any certificate of marriage or certificate of revocation of divorce. Clause 10 amends section 101 to empower him to make these corrections which under the present Act, can only be done with the approval of the President of the Syariah Court.

Clause 11 repeals and re-enacts sections 143 and 144, which deal with inspection and search of the Register of Marriages, Register of Divorces and Register of Revocation of Divorces by any person. These consequential amendments are necessary to bring them in line with amendments made to sections 100 and 101 of the Act.

Finally, Sir, clause 14 seeks to validate payments made to a company incorporated under the Companies Act under the name of Yayasan MENDAKI which has taken over the functions of the society known by the same name since 13th August 1989.

Sir, I beg to move.

Question proposed.

Encik Ibrahim Othman (Bedok GRC): ( In Malay): Mr Speaker, I support the Administration of Muslim Law (Amendment) Bill. Since the establishment of MUIS, the Muslim community has seen and experienced many changes in the administration of Muslim Law in Singa- pore. MUIS has engaged itself in many activities: missionary work, social and welfare activities, religious education, collection of zakat and fitrah and the construction of new-generation mosques. The Muslim community in Singapore is grateful for having benefitted from all these activities.

Mr Speaker, with this Amendment Bill, I believe the administration of MUIS, the Syariah Court and the Registry of Muslim Marriages will be further strengthened. This I feel is a very sound move.

I would like to deal with two matters here. First, concerning MUIS. Under clause 5 (2), MUIS will have powers to develop buildings on wakaf properties vested in it, and as the Minister-in-charge has just stated, three properties are involved. I fully support this plan. I would like to ask the Minister-in-charge of Muslim affairs what MUIS' development plans are for these wakaf properties. What types of buildings are to be constructed? I would like to suggest that, besides developing residential premises for rent, MUIS should also develop commercial properties to be let out to local businessmen. The rental earnings could be used to assist poor Muslims. MUIS could also consider building hostels meant for Muslim students in need of such facilities. Such hostels can help meet our Muslim students' need for conducive study facilities.

Mr Speaker, the second point I would like to make concerns the administration of pilgrimage affairs. I note there is no amendment under the Bill in this regard. In view of the trouble that arose this year in pilgrimage affairs, I wonder whether MUIS has any plans to assume control of haj pilgrimage in order to ensure its smooth running. Under the Amendment Bill, MUIS will be having a Vice-President. Can we not give the new office bearer this important task, ie, the administration of pilgrimage affairs, in addition to his other duties of assisting the President of MUIS?

Mr Speaker, many believe that it is time MUIS took over completely the running of pilgrimage affairs in the interests of our pilgrims. If MUIS has such plans in mind, it must ensure that pilgrim agents and brokers will not be left out. I think their services are still required by MUIS. What we need now is close cooperation between them and MUIS to ensure the efficient management of the haj pilgrimage. If this cooperation can be maintained, perhaps the parties could consider the possibility of setting up a cooperative to administer pilgrimage affairs.

Mr Speaker, I support the Bill.

Dr Ahmad Mattar: Mr Speaker, Sir, I thank Mr Ibrahim Othman for his support on the amendments. With regard to the development of wakaf properties, it is a little bit premature for me to disclose the details of the development. All I can say is that when the amendments of AMLA are brought into operation, MUIS will examine carefully those properties which have potential for development. MUIS will certainly seek the advice from those in the business on how best to develop these properties to maximise their returns. I will certainly refer Mr Ibrahim Othman's suggestions to MUIS it they develop these properties.

Sir, Mr Ibrahim Othman also suggested that perhaps MUIS should take over the control of pilgrimage affairs arising from the incident where 242 pilgrims were stranded this year. In my reply to Mr Chiam a short while ago, the pilgrims who were stranded this year were those who went against MUIS' advice and paid money to a travel agent who was not selected by MUIS as one of its General Sales Agents (GSAs). Our existing legislations are adequate to take care of those who break the law. At this point of time, there is no necessity for MUIS to take over control of pilgrimage affairs. What we will do is to urge would-be pilgrims to take heed of the advice given by MUIS and register only with those pilgrim brokers and GSAs who are approved by MUIS.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Dr Ahmad Mattar].

Bill considered in Committee; reported without amendment; read a Third time and passed.