ADMINISTRATION OF MUSLIM LAW (AMENDMENT) BILL

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ADMINISTRATION OF MUSLIM LAW (AMENDMENT) BILL: Order for Second Reading read.

The Minister for the Environment and Water Resources and Minister-in-charge of Muslim Affairs (Assoc. Prof. Dr Yaacob Ibrahim): Mr Speaker, Sir, I beg to move,

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"That the Bill be now read a Second time."

AMLA and the last amendments in 1999

Sir, the Administration of Muslim Law Act (AMLA) provides for the establishment of the Majlis Ugama Islam Singapura ("MUIS") to administer Muslim affairs. The Act also provides for the setting up of a Registry of Muslim Marriages to register and regulate Muslim marriages and the establishment of a Syariah Court to deal with, among others, Muslim divorces and ancillary issues arising from divorce. In addition, the Act empowers the Syariah Court to issue Inheritance Certificates on the estates of deceased Muslims.

Sir, the last round of amendments, made to the AMLA in 1999, has helped strengthen the Syariah Court and MUIS. The amendments helped to clarify and define the jurisdiction between the Syariah Court and the Civil Court. They also strengthened the Syariah Court's jurisdiction on ancillary matters arising from Muslim divorces. The operations of the Court were also strengthened, with the provision for the appointment of a Registrar for the Court. The amendments also made provisions for ad-hoc Presidents of the Court to be appointed to help deal with cases expeditiously.

As for MUIS, the 1999 amendments enhanced MUIS' ability to better regulate Haj pilgrimage services. They also strengthened MUIS' oversight on halal and wakaf matters.

The need for the proposed amendments

Growing complexity of MUIS' operations

Sir, the Muslim community needs strong institutions to support its growth and progress. A strong institution requires a good management structure that ensures the provision of effective

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programmes and services that are comprehensive, up-to-date and relevant to the community. Such an institution requires a responsive and dynamic leadership made up of persons who are not just keen, but also capable and committed towards the mission of the organisation and the vision of the community.

Sir, when MUIS first began its operations in 1968, it was a small outfit of only seven persons, located in a humble office not far from here at Empress Place. The small headcount reflected the limited scope that the young MUIS was cut out to do. The seven staff of 1968 could not have imagined the scope of work that MUIS today handles.

Today, MUIS is at the forefront of guiding and facilitating the Muslim community in its religious life. Its other statutory functions have also become increasingly complex. It administers 68 mosques and the Mosque Building and Mendaki Fund. The Fund has supported the development of 21 well-equipped, well-maintained new generation mosques in HDB heartlands to meet the growing needs of a better-educated, more diverse Muslim community in these areas. MUIS also facilitates the development of religious education in Singapore - both full-time and part-time classes. It manages and develops wakaf properties for the benefit of the community. It is also the regulator for haj pilgrimage and halal certification services. With such a diverse range of duties, it is not surprising that MUIS has grown from the 7-person outfit of 1968 to an organisation of more than 120 persons today. Indeed, had the extensive network of our 68 mosques not been staffed by trained dedicated volunteers, MUIS would have had to recruit even more to help carry out such functions. With the fervent support and dedicated involvement of the Muslim community, MUIS has been able to discharge its duties effectively.

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_Significance of MUIS' roles
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Sir, MUIS has a key role to play in helping the Muslim community realise its vision of a community of excellence. It plays this role by facilitating and shaping the religious life of Singapore's Muslims.

Over the last 37 years, with efforts put in by MUIS leadership and staff with the support of the community, MUIS' stature and image as an authority on Islam has gone beyond the reaches of our finite shores. MUIS has facilitated and supported my involvement in MABIMS (the unofficial meeting of Religious Affairs Ministers of Brunei, Indonesia, Malaysia and Singapore), a forum where national leaders from the region overseeing Muslim issues come together to discuss significant religious developments and forge beneficial and strategic partnerships in the interest of our nations, our communities and the region.

Beyond the region, the experience of MUIS in successfully facilitating the religious lives of Singapore's Muslims has helped it represent the substance and face of the Singapore Muslim, and forge ties with organisations and leaders in the Middle East, parts of Europe, USA, Australia and Canada. Its experience in managing the religious affairs of a small but significant Muslim community has been highly sought after as a good model to emulate. Many from within the region and far beyond - organisations and individuals that are both Muslim and of other faiths - are keen to study how MUIS has successfully entrenched itself as a respected authority on Islam in a multi-racial, multi-religious, secularly-governed, democratic state. Allow me to thank the staff of all the 37 years and the community for the support and the leadership of my predecessors, including you, Sir, that have together helped make this happy state possible for us.

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_Proposed amendments
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Separation of Chief Executive from President's role

Sir, let me now go through the key features of the Bill, which concern administrative amendments that are far less extensive compared to the amendments of 1999 and do not affect the community directly, but that are nevertheless necessary to strengthen the leadership structure of MUIS as it matures and progresses further as an authority for Singapore's Muslims.

Sir, in order to further strengthen MUIS in view of the increasingly complex roles it is called on to play in the interest of the Muslim community in particular and Singapore in general, the Bill will provide for the creation of a Chief Executive position in MUIS. Currently, the President of MUIS also doubles up as the Chief Executive. This structure departs from the governance structure practised in most other statutory boards, corporations and community organisations. With the introduction of the Chief Executive's position, the MUIS Council can be chaired by a non-executive President. The Chief Executive will report to, and be accountable to, the Council. Sir, with this move, the position of the President of MUIS can then be filled by an appropriate person with the stature of a respected Singapore Muslim community leader who is able to reach out, engage and galvanise the various stakeholders in the community towards common objectives, without this same person having to also take on the executive, administrative function of running the organisation.

Sir, the Chief Executive will be responsible for the proper management and administration of MUIS. The separation of roles between the President and the Chief Executive of MUIS will bring

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MUIS's management structure in line with those other key statutory boards, corporations and community organisations. The change will also bring about greater interest from capable Muslim officers to come forward to offer their services as administrators. In other words, the change will facilitate suitable Muslim public officers to be seconded to MUIS, and after having served their term at MUIS, to proceed on easily to positions in other organisations in the public or private sector.

Sir, I have received feedback from the community leaders that the amendment Bill which provides for the Chief Executive to be appointed by the Minister departs from the convention practised by other statutory boards, where the CEO is typically appointed by the Board, with the approval of the Minister. Sir, when MUIS was conceived, the Secretary of MUIS was playing a role that was equivalent to the Chief Executive of the organisation. The Act in fact provides for the Secretary of MUIS to be appointed by the Minister and not the Majlis or the Council. Logically then, the Chief Executive should also be appointed by the Minister. But, Sir, after receiving the feedback and to be consistent with the practices of other statutory boards, I have recently filed a notice of amendment, which I will move at the committee stage for the clause to be amended to allow for the Majlis to appoint the Chief Executive of the Majlis, with the approval of the Minister. This will bring it in line with the provisions found in many other statutory board Acts.

Composition of MUIS Council - Revising the maximum number of Minister's nominees on the Council, from 5 to 7

Sir, the current provisions of AMLA allow a minimum of seven nominees from Muslim organisations and a maximum of five nominees from the Minister-in-charge of Muslim Affairs to be appointed to the MUIS Council. I propose to move that the

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maximum number of nominees from the Minister to be revised to seven.

Sir, I earlier mentioned the growing complexity of operations at MUIS. In view of this, we need more people with relevant expertise to contribute to the MUIS Council. There is a perception that one has to be of a certain standing in the Muslim community in order to serve as a council member of MUIS. This, I believe, has to do with the image of MUIS as a religious authority. For example, it was very difficult for me to convince one Mr Sallim Abdul Kadir, an accountant by profession, to serve on the MUIS Council. He is currently serving as a Mendaki nominee on the MUIS Council. I have observed his contributions to the Yayasan Mendaki Board for quite some time, and his background has been very useful to Mendaki in the Finance Committee. I therefore wanted him to lend his expertise to help start an Internal Audit Committee for MUIS. The Internal Audit Committee had been formed and had their first meeting. Sallim Kadir is lending his expertise to the Committee. Having been convinced finally and taking on the role of MUIS Council Member, he proved himself to be a tremendous asset to MUIS and the Muslim community.

Let me give another example. The composition of the MUIS Legal Committee constituted under section 31 of AMLA stipulates that apart from the Mufti, the other members include two fit and proper members of the Council and not more than two other fit and proper Muslims who are not members of the Council. We therefore need to ensure that we have learned religious leaders to serve on the Council. If for some reason the nominees for the Council from the organisations do not include suitable religious leaders who can contribute to the Legal or Fatwa Committee, it would then become my duty to appoint such a person.

Sir, to recapitulate, section 7(1)(e) currently stipulates that not less than

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seven Council members are to be appointed by the President of Singapore, from the list of nominees to be submitted by the President of the Council to the President of Singapore. Sir, this list consists of persons nominated by Muslim societies which are prescribed for the purpose, by the Council. Whereas section 7(1)(d), as it stands, stipulates that the MUIS Council shall have not more than five members to be appointed by the President of Singapore on my recommendation. Sir, what I propose to do is to revise the cap on the number of Council members appointed by the President of Singapore on my recommendation from the present five to seven. This change will give greater flexibility for MUIS to bring in more qualified individuals who have the relevant expertise, to serve on MUIS. These individuals can provide the professional advice to help MUIS fulfil its mission.

Sir, the nominees from the Muslim societies provide us with broad representation from the various stakeholders in the community and they ensure that MUIS' work and its various programmes and policies are well understood and get the support from these key Muslim organisations. They also provide valuable ground feedback and aspirations from their constituents to MUIS Council on what more it can do for the community. Sir, the law provides for a minimum of seven members from the Muslim societies to be appointed to the MUIS Council. There is nothing to prevent more members from the Muslim societies from being appointed, if these societies can recommend people with the required expertise to the Council. I was told by MUIS that in fact we have had in the past even appointed eight persons from the Muslim societies, as the candidates were all appropriate at that point in time. If we are able to get the necessary expertise from the Muslim societies, there may not even be a need for me, or any succeeding Minister-in-charge of Muslim Affairs, to

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exercise the prerogative to appoint all our nominees. In fact, I was told by Haji Maarof Salleh, the President of MUIS from 1996 to 2003, that he had been previously nominated by PERDAUS, a Muslim society, to sit on the MUIS Council even though he was never a member of PERDAUS. PERDAUS nominated him nevertheless, because PERDAUS felt that he would be able to contribute to the MUIS Council. I am confident that other Muslim societies would similarly be able to take a broader perspective and look beyond their members to recommend nominees to serve on the MUIS Council if they believe that the person would be able to better contribute on the Council.

Sir, the MUIS Council is such an important body that we need to ensure that we have in our Council the right mix of talents and abilities, and the necessary expertise for the Council to take MUIS to greater heights. With emerging issues such as the life sciences and the impact of the global economy, it is imperative that the Council members of MUIS are able to offer guidance to MUIS on these and other important issues. The practice I shall adopt would be to first evaluate the nominees from the Muslim organisations before deciding on who and how many my nominees should be. It is the composition of the Council that is

more important than the number of nominees or who they are being nominated by.

Other amendments

Finally, Sir, the Bill also provides for the position of the Vice-President of MUIS to be removed. When this position was introduced in 1990, the rationale for this, as explained in this House, was for the position to be filled when the President's position is not filled by a full-time President. Going forward, as there will be a full-time Chief Executive, there is no

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compelling need for the position of a Vice-President to be retained. There are also other consequential amendments and the introduction of new provisions which are necessary as a result of the introduction of the Chief Executive's position. Certain amendments are also made to streamline and ensure better administration of various provisions.

We have also taken the opportunity to remove an antiquated provision which had never been invoked. Section 136 requires any Muslim, who is not a citizen of Singapore or Malaysia, and who has married here, to seek the permission of the President of MUIS before leaving Singapore, the failure of which carries the imposition of a penalty. This provision was enacted for historical reasons and is no longer relevant. There are adequate provisions in other legislation to protect married women, including Muslim women.

Community outreach

Sir, in tabling this Bill, I have taken the step to strengthen MUIS as a statutory body. These current amendments would only affect MUIS' organisation structure. The MUIS Council was informed, and I also had a meeting with community leaders to explain the rationale of these amendments to allay any concerns. But after tabling the amendments, I decided to defer the Second Reading, to give me more time to meet further with community leaders in smaller groups to explain my rationale for the changes, given the interest generated by the proposed amendments. I thank our community leaders for their understanding and support, even though they would have preferred a longer deliberation well before the Bill was tabled.

Conclusion

I agreed with the community leaders that we should further improve the process of consultation and discussion on

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future AMLA amendments. And indeed this is the beginning of many other changes to AMLA that I hope to make in the coming years. Many new issues have emerged that may warrant a closer look at AMLA. The community will also continue to evolve, as will MUIS and other key institutions in the community. The future will bring many opportunities and challenges, and we will need to continue monitoring the needs of the community to ensure that the AMLA remains relevant, and that it continues to help the community to seize new opportunities and overcome any challenges that come along. Sir, in doing this, I will continue to engage our community leaders in order to better understand their concerns and also to solicit feedback.

Sir, I trust the community will support the amendments that are being proposed today, which will help strengthen the community and keep us on the right track.

Sir, I beg to move.

Question proposed.

3.20 pm

Mr Othman Haron Eusofe (Marine Parade): Mr Speaker, I rise to support the Bill.

Sir, I would like to ask the Minister to clarify the roles and the responsibilities of the President and the Chief Executive. Sir, as the Minister stated, the Bill will provide for the appointment of the Chief Executive, who will be responsible for the proper administration and management of MUIS functions and affairs. Currently, MUIS has a President, appointed by the President of Singapore, who has, under section 19(1) of the Act, powers of "general control of all deliberations and proceedings of the Majlis". It is important that we have a clear understanding of the respective roles and responsibilities of MUIS President and the Chief Executive.

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What would be the expected working relationship between them? As the Minister mentioned, there must be a clear separation of roles between the President and the Chief Executive.

Sir, this change in the MUIS leadership and management structure should help to greatly enhance the effectiveness of MUIS, especially to realise its vision of a Singaporean Muslim Community of Excellence. And in this way, it also helps to strengthen the community's confidence and capacity to increase its contributions to Singapore's progress, especially in this intensively competitive and globalised world.

I would like to ask the Minister to outline MUIS' key priorities in the next two to three years to enable the community to face the many challenges ahead with greater confidence. MUIS must continue to focus on strengthening religious education. Sir, much of the media publicity today about Muslims tends to be negative. I think this is due to reports about the callous terrorism committed by misguided and evil people wrongly using Islam. The main concern here is that such publicity can create misunderstanding and the loss of trust and confidence, especially among those who have poor knowledge of Islam. There is no valid justification to commit violence and seriously injuring or killing innocent people, whether they are non-Muslims or Muslims. Sir, Islam is a religion of peace and harmony, and Muslim scholars have stressed that Islam brings blessings for all mankind. MUIS must therefore continue to take decisive leadership to strongly counter those who preach extremist ideology. Such ideology of hatred and violence and against people of other faiths is certainly wrong and against the teachings of Islam.

Sir, I am happy to note that MUIS has initiated the production of the Risalah

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MUIS which elucidates the 10 Desired Attributes which the Singaporean Muslim community aspires to be. Just let me mention two of them which I think are of general interest to Singaporeans. First, the Muslim community aspires to be one that is, and I quote, "well adjusted in living as full members of a secular state and multi-racial, multi-religious society and contributes to Singapore and global humanity, including in leadership roles". Next, again I quote, "to be enlightened and appreciates richness of other civilisations and is self-confident to interact with others and prepared to learn from them". Sir, these are the significant attributes of Singaporean Muslims who hold steadfast to Islamic principles and values and, at the same time, able to comfortably adapt to the inclusive, secular and multi-religious society in Singapore. I think MUIS must now move fast forward to enable more people, both Muslims and non-Muslims, to understand and appreciate these attributes and especially for Muslims to practise them in their daily lives.

Mr Speaker, Sir, with the improvements in MUIS' leadership and management and also as MUIS strives to continue strengthening its cooperation and consultation with other Muslim organisations and with Muslim scholars and leaders, I am confident that MUIS would achieve its vision of a "Community of Excellence", and that we can become a model and inspiration for others.

Sir, on this note, I support the Bill.

3.25 pm

Mdm Halimah Yacob (Jurong): ( In Malay ): Mr Speaker, thank you for giving me this opportunity to speak on the amendments to the Administration of Muslim Law Act.

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MUIS is an important institution among Muslims in Singapore. Over the years, MUIS has played a more effective role in helping the Muslim community handle various complex issues and new challenges that they face. MUIS now covers a broad spectrum of matters of direct relevance to the Muslim community, such as marriage, divorce, maintenance, wakaf , zakat , fitrah , haj , administration of mosques, religious education, halal certification, and many other areas. In short, every Muslim in Singapore knows about MUIS and would at some point in their lives have come into contact with it. Given the impact and significance of MUIS on the life of the average Muslim Singaporean, there is no doubt that any changes to the law or provisions pertaining to MUIS would be closely watched. There is probably no other law in Singapore which affects the Muslim community as pervasively as AMLA.

It is in this context that one must view some of the comments that have been made about the current amendments. To the Muslim community, MUIS is not just another statutory board. It is a key institution which affects the well-being of themselves and their families. There have been views expressed that the amendments were not widely discussed among community leaders and Malay/Muslim organisations. The points stressed were that greater consultation would have ensured a greater buy-in and sense of ownership of the changes among the community. A few have suggested that this indicates a lack of transparency in the way MUIS operates, citing not only this amendment Bill but also the recent increase in the contributions to the mosque building fund as examples where more consultation would have been useful in getting greater community support for the changes.

I hope that we would view these comments in the right perspective. It

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should not in any way be taken as criticism of MUIS or its credibility. MUIS has done good work in helping the community to navigate through really rough waters, particularly over the last few years after September 11 and the increased spotlight on the Muslim community. By no account is the task of MUIS an easy one. MUIS must reflect the views, concerns, hopes and expectations of the Muslim community when it advises the Government on Muslim affairs. At the same time, it also has the responsibility to help the community develop into a progressive, educated and well-integrated Muslim community with a distinctly Singaporean identity but still strong in Islamic values. The Muslim community here is deeply religious, yet, at the same time, acutely aware of the secular context and the need to strike a balance.

Mr Speaker, hence, views expressed requiring more consultation on the AMLA changes is a good sign. It shows that the community is engaged and wants to participate more actively in matters that affect them. I feel that it is important that these concerns are adequately addressed. At the same time, I also urge our community when these concerns have been addressed to move on as there is not much point in endlessly debating this issue and diverting our attention from the more important task ahead of us.

Mr Speaker, let me now come to the substantive amendment. On the appointment of the Chief Executive, I note the Minister's explanation that this is to bring AMLA in line with the other statutory boards which also appoint Chief Executives. However, at the same time, in my opinion, there is a difference between MUIS and the other statutory boards. In the other boards, there is really no equivalent to the post of President of MUIS who is appointed by the President of Singapore, and not the Minister in charge of MUIS. In the other statutory boards, the Minister in charge of the

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statutory board would appoint the Chairman of the Board.

In the other statutory boards, there is also no equivalent of section 19 of the AMLA which defines the functions of the President of MUIS as having "general control of all deliberations and proceedings of the Majlis". Neither is it equivalent to section 25(1) of the Act which gives the President the powers in an emergency to act on behalf of MUIS, even without a resolution of a Majlis. These provisions seem to vest the President of MUIS with certain powers, which are different from the normal functions of the Chairman of other statutory boards. This is borne out by the fact that the President of MUIS has, up to now, acted mostly like the CEO of a statutory board.

Under the amendments, the Chief Executive's duties are to be responsible to the Majlis for the proper administration and management of the functions and affairs of the Majlis, in accordance with the principles laid down by the Majlis. If the President has general control of all the deliberations and proceedings of MUIS, would it not mean that he too has the power and duty to administer and manage the affairs of MUIS? If he is to be vested with certain powers during an emergency, he must be sufficiently in control of MUIS to do that.

I am not against the proposal to separate the functions of the two. But it is not clear to me what would be the role of the President and what would be the role of the Chief Executive after the proposed amendments.

The concern here is that, if there is no clarity of roles, then will there be duplication of duties and, ultimately, even conflicts arising which may even hamper the efficiency and smooth functioning of MUIS? It is worth noting that, in all the other statutory boards, the Chairman of

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the Board is not an employee. I am not quite sure what is the arrangement with regard to MUIS after the amendments come into effect, as the current President is a full-time employee.

I hope that the Minister, in his response, could give us a better idea of what are the separate and distinct roles that the two are expected to perform.

Secondly, I would like to ask the Minister whether there is a conflict between section 10 of the existing Act and the proposed section 7A(2) of the Bill. Under section 10, the appointment of a member of a board can be cancelled due to various reasons, such as the conduct that brings discredit to the Majlis. Under section 7(6), the Chief Executive can be appointed by the Minister to be a member of the board, but section 7A(2) provides that the Chief Executive cannot be removed from office without the consent of the Minister. Will we have a situation where a Chief Executive is found to be undesirable by the President of Singapore and his membership of the board is cancelled but his employment continues unless the Minister also removes him? In the other statutory boards, this may not be a major issue because the power to remove a CEO as well as a member of the board lies with the Minister. So, he would probably remove the CEO both as a member and as the CEO of the statutory board. However, in the case of MUIS, it is stated that the President of Singapore can cancel the appointment of the MUIS Chief Executive as a board member, but only the Minister can remove him from the office. I think it would be neater if there is a provision to stipulate that the MUIS Chief Executive, if he is also appointed as a member of the board, would automatically cease to be the Chief Executive when his membership of the board is cancelled by the President of Singapore.

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Thirdly, there has been some feedback on the proposal to increase the number of MUIS board members appointed by the Minister from five to seven. The concern here is whether this will tilt the balance, a carefully calibrated balance designed to give the Muslim community a greater say in religious matters affecting them. In my view, we should not worry excessively on the power that has been given to the Minister to appoint more MUIS board members. The issue is not so much how many members the Minister can appoint to the board but rather what is the role of the board and how effective it is in reflecting the interests of the whole Muslim community.

Mr Speaker, by increasing the number of the Minister's nominees to seven, the current amendment gives the Minister a greater flexibility to appoint people with sound expertise in various fields and who can make significant contributions to the knowledge base in MUIS. In this way, the MUIS board would be able to make better decisions for the benefit of the Muslim community. For example, Islamic banking is now gaining in importance and the MUIS board may need a Muslim banker with strong expertise in this area to advise the board on aspects of Islamic banking and investments that are acceptable in Islam. There are many other areas of expertise that the board may need, if it wants to be truly effective in performing its role and remain relevant to the needs of the community.

To me, what is also more important is for the Minister to make sure that the seven individuals he appoints to sit on the board have a sound understanding of the Muslim way of life and the issues and challenges that we face in the context of a multi-racial, multi-religious Singapore. Hence, whilst the process is important, I would like to urge the community to focus more on the outcome. The duty of MUIS is to advise the President of Singapore in matters relating to the Muslim religion in

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Singapore. MUIS can perform this function effectively only if it has a board which is strong and knowledgeable to supervise and help it address the very complex socio-economic issues of Muslims living in a challenging environment. This is where every member of the board, both representing the Muslim organisations and individuals, can complement and enhance each other by bringing their different strengths to the decision-making process at the board.

Fourthly, Sir, I support the decision to delete section 136 which prohibits a Muslim who is not a citizen of Singapore or Malaysia and who has married in Singapore to leave the country without the permission of the President. This provision is indeed grossly outdated and irrelevant.

Finally, Mr Speaker, Sir, I would like to urge the Minister, at an appropriate time, to also consider reviewing other provisions of the AMLA which are unclear and have led to some controversy, such as the provision on nuzriah . The community feels that clarifying this provision is also important and should not be left unresolved for too long.

Mr Speaker, Sir, this amendment will enhance the leadership and administration of MUIS and MUIS will be able to effectively manage the administration of Islamic law.

On this note, I support the Bill.

Mr Zainudin Nordin (Bishan-Toa Payoh): Mr Speaker, Sir, thank you for giving me the opportunity to speak on the subject of the amendment to the Administration of Muslim Law Act (AMLA). I hope to give my perspective and views on the matter and briefly give feedback on the views that I have received.

Majlis Ugama Islam Singapura (MUIS) was one of the earlier established

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statutory boards and was designed to be a Government agency primarily to advise the President of Singapore on matters relating to Islam in Singapore, and administer and manage all significant matters relating to Islam and Muslims in Singapore.

To ensure effective coordination, support from the Muslim community was important and, with this view, the Majlis was designed to include key stakeholders and representatives from Muslim organisations, bodies and community leaders.

The recent proposed amendments include changes to the composition of the Majlis, increasing the maximum number of independent nominees to the Majlis recommended by the Minister from five to seven. It is also proposed that a Chief Executive position be created and the Vice President's position be removed. The power of appointment for these positions rests with the Minister. Additionally, under section 7A, the Chief Executive may not be removed from office without the consent of the Minister.

The amendment to section 25 also includes the proposal to grant the Minister greater authority to act during an emergency, and the amendment to section 146 provides that the President may delegate the exercise of all or any of the powers vested in him by this Act to the Minister or President.

To me and many others, these changes are significant and could, fundamentally, change the way MUIS functions and operates. MUIS has been a torch bearer and has significantly contributed to the Muslim community.

To some countries, MUIS is acknowledged as a successful model on how to seamlessly integrate and coordinate Muslim community affairs into

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a multi-religious society. The efforts and programmes undertaken by MUIS are considered ground-breaking in its contemporary approach and content. This recognition is something that we have to be proud of and continue to improve to address the challenges of an ever changing world.

As highlighted by the Minister, the proposed amendments have drawn some feedback from the public, and there are those who feel that, in the spirit of consultation and transparency, the proposals should have been discussed with the local Muslim association and community. I am happy that these inputs are attended to and the community outreach mentioned by the Minister would certainly go some way to quell speculations and will ultimately lead to undivided support and commitment from the Muslim community. It is also important that people understand the reasons behind the proposal.

Sir, on the proposed introduction of the Chief Executive, apart from aligning to the practices of other statutory boards, in terms of structure, I would like to know how else will this change bring value to the current organisation. Many profit-oriented bodies may benefit from a structure that includes the Chief Executive, as it mirrors the corporate world. But, in the case of MUIS, would not such a change only increase operational cost? So, I think the issue of cost would also be of concern.

Like the other Members earlier, I am concerned that the changes may also lead to confusion between the roles of the President, Chief Executive, Mufti and Secretary. Also, as the Minister-nominated Council members increase in number, from five to seven, there is concern whether MUIS, as an organisation, can ensure that it will

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continue to accurately reflect the pulse or needs of the Muslim community.

Sir, I am confident that the changes that are being proposed would bring MUIS to greater heights. It is my earnest hope that Singaporeans be made aware of the reasons behind the proposed amendments.

Sir, apart from the points that I have raised earlier in my speech, I support the amendments.

Assoc. Prof. Dr Yaacob Ibrahim: Mr Speaker, Sir, first, let me thank the hon. Members of Parliament, Mr Othman Haron Eusofe, Mdm Halimah Yacob and Mr Zainudin Nordin, for supporting the Bill.

Sir, Mr Othman wanted me to clarify the roles of the President of Majlis and the Chief Executive. This is also the same concern of Mdm Halimah Yacob and Mr Zainudin Nordin. In addition to raising some other concerns, Mdm Halimah has also sought further clarifications regarding the statutory powers of the President of Majlis, as currently vested. Mr Zainudin Nordin also wanted to know whether there will be cost implications for these changes. Let me now attempt to answer all the questions and the clarifications sought.

Sir, as I have outlined in my Second Reading speech, the President of Majlis will preside over the governing body of the Majlis or MUIS Council, and the Chief Executive will be responsible for the proper management, administration and running of the Majlis. The President of Majlis will preside over the MUIS Council, the decision-making body of the Majlis, which is a statutory body entrusted to carry out the functions specified in the Administration of Muslim Law Act. Under this system, the day-to-day running of the Majlis will be entrusted to the Chief Executive and the complement of about 120 staff who will be responsible to the

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MUIS Council for the administration and management of the functions and affairs of the Majlis in accordance with the policies laid down by the MUIS Council.

Let me make this clearer by giving an example. The National Environment Agency (NEA) is a statutory body under my Ministry. The day-to-day running of the agency is headed by Mr Lee Yuen Hee, an Administrative Officer who is seconded to the NEA as the Chief Executive Officer. This is the model that I hope to do one day when we have an Executive Officer seconded from other public agencies to MUIS to become the CEO. The policy decisions are made by the Governing Council of the agency

which is headed by Assoc. Prof. Simon Tay, its Chairman. And there are many other statutory boards with similar structure running very well, and this is the model that MUIS will seek to emulate.

Sir, the same arrangements are also working very well in other statutory boards which are under my Ministry. For the PUB, for example, the Chairman is Mr Tan Gee Paw, and its Chief Executive is Mr Khoo Teng Chye. There are no conflicts in their roles, as in many other statutory boards with similar governing structure. Having said that, Sir, it will take time for the new structure to work well in MUIS, which is so used to having the current structure since its inception. We will need time to identify suitable persons for the positions and, I am sure, with this structure, MUIS will evolve and it will be a matter of time for it to be run with a structure just like other statutory boards and corporations.

Sir, it is true, as Mdm Halimah has mentioned, that unlike the other statutory boards in which the Chairman is appointed by the Minister, the President of the Majlis is appointed by the President of Singapore. It only goes to show the important role the Majlis is discharging as an Islamic authority in our multi-racial and multi-religious society.

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Under section 19 of the AMLA, which the hon. Member had cited, the powers of the Majlis here are general control of deliberations and proceedings of the Majlis or the MUIS Council as a governing structure. In my view, Sir, this is clear and there is no overlap of his power over the Chief Executive. What will happen is that the President, which is similar to the Chairman of the Board, will have the powers to call for a Council meeting and he, therefore, decides, with the other Council Members, the general policies of MUIS. It is the duty of the Chief Executive and his 120 staff to implement those policies which have been agreed at the Council. That is the practice in other statutory boards and that is the practice that we want to adopt in MUIS.

Similarly, Sir, section 25 empowers the President of the Majlis, during an emergency, in consultation with the Mufti and the Secretary, and which now has been enlarged to include the Chief Executive to do or direct anything to be done on behalf of the Majlis any act or thing which might lawfully be done by the resolution of the Majlis. Sir, the intent of this provision is to ensure that in an emergency, the President of the Majlis, in consultation with the key officers that the Majlis mentioned above, can carry any act or thing which Majlis would like to carry out immediately. Such a decision, however, needs the Majlis' ratification later on. This provision has never been invoked in the history of the Majlis and the intent is not repugnant to the business and the spirit of the Majlis' role and responsibilities. Neither do I see it any way an attempt as providing excessive powers to the President of the Majlis as that imposes on him to consult the Mufti, the Chief Executive and the Secretary before he invokes this provision. So there is enough safeguard. The current safeguard, in fact, allows the President to consult both the Mufti and the Secretary. We have just enlarged this provision to include the Chief Executive. And,

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therefore, now the President will have three more officers of whom he can consult when there are cases of emergency.

Sir, the Bill, as it stands, enables the President of Singapore to appoint the Chief Executive as a member of the Majlis, not by the Minister. The Bill also provides for the Chief Executive not to be removed from his office as such without my approval. That is the conflict that Mdm Halimah has raised. The concern by the hon. Member is that whether after the Chief Executive Officer is found to be undesirable by the President of Singapore and his appointment as a MUIS Council Member cancelled, his employment as Chief Executive technically can continue, unless the Minister also removes him.

Sir, even before we recommend to the President of Singapore that he invokes his powers under section 10 of the Act, in all probability, it is due to the fact that the Majlis has recommended to me for his services and appointment as Chief Executive to be terminated. So I am confident, within the consultation process that we have in the Majlis and the constant contact that I have with the President and the officers in MUIS, we will be able to make the decision well before the President can invoke the powers entitled to him in the Act. So only when we have taken this course of action will it become incumbent on us to recommend to the President to invoke section 10 to cancel the Chief Executive Officer's membership in the MUIS Council.

Let me now attempt to answer some of the questions raised by the hon. Member, Mr Zainudin. He raised some questions about confusion of roles. It is clear that the Mufti is a religious appointment in Islam and he presides over the MUIS' Legal or Fatwa Committee. As

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you know, in Islam, he is also able to do his ijtihad or give his opinion on religious issues if this is sought on an urgent basis, whereas section 8(1) of AMLA provides for the Secretary of the Majlis to be appointed and for him to discharge certain statutory functions. So, there are very clear roles in terms of the duties of the Mufti and duties of the Secretary as spelt out in the Act. But I agree with the hon. Member that this overlap with the Chief Executive's functions could be regularised over time and it is possible, Sir, for the roles of the Secretary to be subsumed under the Chief Executive completely. I will move these amendments at an appropriate time, together with other amendments to AMLA.

Sir, currently, the Government funding covers the manpower cost of the President who also exercises the administrative role. With the appointment of the Chief Executive, his position will still be paid out of the funding provided by the Government. There could be a transition period but the eventual plan is for the President, as I mentioned in my speech, to be non-Executive, which means a non-salaried position, since this will be someone who is drawn from among our community leaders to contribute on a voluntary basis to become President of the Council. Hence, there is no cost involved, except maybe to provide some honorary allowance to the President, if necessary. So there may be a period of transition and this is something in which I will plan together with MUIS to ensure that the transition from the current structure to the new structure will be done smoothly.

Finally, Sir, I would like to thank the hon. Members of Parliament for their support, in particular the conviction expressed by Mdm Halimah on the intent and increase of the Minister's nominees which I have outlined in my speech earlier. Mr Othman Haron Eusofe has also asked me what are the priorities of MUIS.

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MUIS, under the new President Haji Alami Musa, has launched a three-year plan. I think Malay Members of Parliament are familiar with the plan. There are many things in the plan which I cannot give you all the details. But suffice to say that the point that Mr Othman has raised in relation to MUIS' role - to guide the Muslim community to the proper path and the right interpretation of Islam - is one of the key roles of MUIS in the coming years. In fact, MUIS has continued to roll out plans, including the 10 attributes that Mr Othman alluded to, which is part of the Singapore Muslim identity project that we are undertaking currently to ensure that the Muslims in Singapore understand their position both as Muslim and Singaporean. Apart from that, the other areas of concern for us include religious education, reforms of both the part-time and full-time religious classes and, of course, the training of our religious leaders ( Asatizah ) to ensure that their skills continue to be upgraded and their knowledge continues to be increased so that they understand their role in a society such as Singapore.

Sir, I have also dealt at length on the concerns of the consultation process of the current amendments. So I have nothing further to add and I thank Mdm Halimah for raising those points. The review of AMLA is an on-going process to ensure that it will remain current and relevant. At this point in time, I would not commit myself to a date, but suffice for me to say that we are looking at some other issues in which changes to AMLA may have to be made. For example, we are facing the issue of minor marriages and teenage sexuality and, therefore, there may be a need for us to review AMLA periodically to see whether such an amendment is important for us to address some of these challenges. But if such an amendment needs to be done, we will certainly get the support of the community, because we need the community to understand why this needs

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to be done and what is the role of the community in tackling some of the social challenges facing the community.

Sir, I think I have addressed most of the concerns.

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. - [Assoc. Prof. Dr Yaacob Ibrahim].

Bill considered in Committee.

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[

Mr Speaker in the Chair: ]

Clauses 1 to 3 inclusive ordered to stand part of the Bill.

Clause 4 -

The Chairman: Clause 4. There are three amendments. Amendment No. (1), Dr Yaacob.

Assoc. Prof. Dr Yaacob Ibrahim: Sir, may I seek your permission to move all the three amendments together, as they relate to the same issue?

The Chairman: Please do.

Assoc. Prof. Dr Yaacob Ibrahim: Sir, I beg to move,

(1) In page 2, line 28, to leave out "Minister may", and insert "Majlis may, with the approval of the Minister,";

(2) In page 2, line 29, to leave out "Minister", and insert "Majlis"; and

(3) In page 3, line 7, to leave out "Minister may", and insert "Majlis may, with the approval of the Minister,".

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Sir, the reasons for the amendments have been outlined in my Second Reading speech earlier. The amendments will provide for the Majlis to appoint the Chief Executive of the Majlis, with the approval of the Minister.

Amendments agreed to.

Clause 4 , as amended, ordered to stand part of the Bill.

Clauses 5 to 12 inclusive ordered to stand part of the Bill.

Bill reported with amendments, read a Third time and passed.

Mr Speaker: Order. I propose to take the break now. I suspend the Sitting and will take the Chair again at 4.20 pm.

_Sitting accordingly suspended
at 3.59 pm until 4.20 pm.
_

Sitting resumed at 4.20 pm

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[Mr Deputy Speaker (Mr Chew Heng Ching) in the Chair]