ADMINISTRATION OF MUSLIM LAW ACT (Update on progress)

Dr Kanwaljit Soin asked the Minister-in-charge of Muslim Affairs if he will give an update on the progress made to review the Administration of Muslim Law Act (AMLA).

The Minister-in-charge of Muslim Affairs (Mr Abdullah Tarmugi): Mr Speaker, Sir, with your permission, I would like to take Question Nos. 11 and 12 together and to reply in Malay.

Mr Speaker: All right.

Mr Abdullah Tarmugi: ( In Malay): Mr Speaker, Sir, the recent High Court ruling concerns one Mdm Salijah Abdul Latef. She had applied to the High Court for a Declaration that she was the owner of her matrimonial home. The basis of her application was the ruling of the Syariah Court which ordered that she be given her matrimonial home on her divorce from her husband in 1993.

If Mdm Salijah succeeds in obtaining the Declaration and if her husband continues to refuse to sign the papers transferring the property to her, then the Registrar of the Supreme Court would be empowered to sign the transfer papers. In doing so, the Registrar would be carrying out the order of the High Court, not that of the Syariah Court.

I wish to inform the Member that an appeal has been lodged against the decision of the Judge concerning the case of Mdm Salijah. It will be premature for MCD to comment further on this matter until the legal position is conclusively settled. Until then, persons in the same position as Mdm Salijah should seek legal advice on alternative means to give effect to the orders of the Syariah Court.

On Dr Soin's question, besides looking into how AMLA could be amended to deal with cases such as Mdm Salijah's, I wish to inform the Member that the Ministry of Community Development, in consultation with the Majlis Ugama Islam Singapura, the Syariah Court, and the Registry of Muslim Marriages, is also conducting a general review of the Administration of Muslim Law Act. Some of the subjects being reviewed are:

(a) Strengthening MUIS's position on the regulation of Haj matters and on the issue of Halal certificates;

(b) The provisions in the Administration of Muslim Law Act relating to the financial management of the Majlis Ugama Islam Singapura;

(c) The need for the Syariah Court to call for a report or advice from a person trained or experienced in child welfare when the Court deals with matters related to custody or maintenance of a child;

(d) Enhancing MUIS's role in dealing with deviant teachings.

Many of these issues require detailed and careful study. This involves looking into the laws, practices and experiences in other countries and procedural and enforcement matters. References to the Fatwa Committee have also to be made on matters which require religious rulings.

Encik Ibrahim bin Othman (Thomson GRC): ( In Malay): May I ask the Minister responsible for Muslim Affairs whether past cases, that is, cases before the Salijah matter, will be affected by the recent High Court ruling? May I also ask what alternatives we should offer to those in the same position as Mdm Salijah? Should we wait for the outcome of the appeal or are there other avenues? Could the Minister please elaborate?

Mr Abdullah Tarmugi: ( In Malay): Mr Speaker, as regards the past cases, their position will not change following the outcome of the Salijah Abdul Latef's case.

Encik Ibrahim bin Othman: ( In Malay): What advice can we offer to those who are in the same position as Mdm Salijah?

Mr Abdullah Tarmugi: ( In Malay): As I said, they can await the outcome of the matter before the Court of Appeal. They can also seek advice from their lawyers as to the best way to proceed with their cases.

Encik Ibrahim bin Othman: ( In Malay): This concerns the Islamic Religious Council of Singapore with regard to AMLA. Could the Minister inform the House when the study would be completed and when the Bill would be tabled before the House?

Mr Abdullah Tarmugi: ( In Malay): Mr Speaker, actually the review is almost completed and is only awaiting the outcome of the Salijah case. When the question is resolved, we shall take the appropriate steps where AMLA is concerned.