Hansard Explorer

Order for Second Reading read.

Mr Deputy Speaker: The Acting Minister-in-charge for Muslim Affairs.

6.01 pm

The Acting Minister-in-charge of Muslim Affairs (Mr Zaqy Mohamad): Mr Deputy Speaker, I move, "that the Bill be now read a Second time".

The Administration of the Muslim Law Act (AMLA) provides the legal foundation for our Muslim institutions. It supports our community through important aspects of life from religious education and practice to marriage, family and if it ever comes to, divorce.

Over the years, our Muslim community has made significant progress. We have strengthened our institutions, advanced in education and contributed actively to Singapore or remaining rooted in our faith and traditions.

Our society continues to change. Aspirations are rising. Families are now mobile and technology is reshaping how we live and work. Our religious institutions must continue to evolve so that they can guide and support our community through these changes. And this is why we have updated AMLA regularly to respond to changing needs while preserving the values and principles that matter to our community.

Today, we are proposing amendments in two important areas. The first concerns our aspirations for Islamic education in Singapore. The establishment of the Singapore College of Islamic Studies (SCIS) is a historic milestone. It builds on decades of effort by our religious community and political leaders and reflects our confidence in developing Islamic scholarship here while remaining connected to the wider Islamic world.

The second concerns our responsibilities to families, especially children, when marriages break down. These amendments are not intended to encourage divorce or make is easier to get one. Rather, when a marriage cannot be saved, the law should not add unnecessary hardship and above all, it must protect the welfare of children.

Mr Deputy Speaker, let me begin with SCIS. For many years, generations of young Muslims travelled overseas to pursue higher Islamic education. They return with knowledge, experience and a deep commitment to serving our community. The aspiration to establish our own institution of higher Islamic studies has been nurtured over the many years and these are through efforts of successive generations of religious leaders, community leaders, Muftis and Ministers.

This establishment of SCIS is therefore a significant moment for the Muslim community. It was a moving moment for many of us when Prime Minister Lawrence Wong announcing in 2024 that Singapore would set up SCIS and today, we have the opportunity to take this aspiration forward.

But we must also approach it with humility. Building a college is one thing but building an institution of scholarship and standing, one that earns the trust of our community and the respect of scholars beyond Singapore will take time.

We are not seeking to replace the great traditions of Islamic scholarship that have shaped our community. We want to build upon them. Our future asatizah must be deeply grounded in Islamic knowledge and tradition while understanding the society in which they serve. They must also be able to guide young people searching for direction, support families facing difficulties and help our community navigate through emerging challenges from technology to changing social needs. And they must do so not only with knowledge but also with wisdom, compassion and humility. And that is our larger ambition for SCIS.

Today, madrasah graduates who wish to practise as asatizah pursue their tertiary religious education overseas. When they returned, they complete the Postgraduate Certificate in Islamic and Contemporary Studies (PCICS).

SCIS will provide another pathway. Students can undertake higher Islamic education in Singapore within our religious and social context while remaining connected to international Islamic scholarship. They can also complete their studies one year earlier and remain closer to their families.

Importantly, SCIS will adopt an inter-disciplinary approach. Our asatizahs serve not only mosques and madrasahs but increasingly in other settings, including the social service sector. They must therefore understand both religious principles and the circumstances of those that they serve.

To support this, SCIS has established partnerships with respected Islamic institutions, Dar Al-lfta in Egypt, University of Jordan and al-Qarawiyyin University, Morocco as well as the Singapore University of Social Sciences (SUSS).

SCIS students will receive a strong foundation in strong Islamic disciplines including Islamic intellectual traditions, such as fatwa studies. Students have the opportunity for overseas immersion to established Islamic institutions, such as in Egypt, Jordan and others. Students can broaden their horizons through elective modules in social sciences, including counselling, social work and psychology. They can also undergo internships beyond the traditional religious sector to gain practical experience in areas, such as social sciences, family law and even Islamic finance. Whether they specialise in Islamic studies or social sciences, the aim is to nurture qualified religious leaders who can contribute to society meaningfully.

These partnerships are important. Islamic scholarship has always grown through the exchange of knowledge and ideas. We want our students to benefit from these traditions while developing a deeper understanding of Singapore's context and the wider world.

Singapore is a small country. But our experience is distinctive. As an international hub for business, finance and technology, we are often exposed early to global developments and emerging social questions.

During COVID-19, for example, our religious leaders had to respond to difficult questions, concerning congregational prayers and religious practices. More recently, new developments, such as bioethics and cultivated meat, have also raised questions that required religious guidance. Our Muslim community here in Singapore has also learned to remain faithful to our religious traditions while contributing fully to a multi-religious and multicultural society.

These experiences offer perspectives that we can share, just as we continue learning from scholars around the world. Over time, we hope SCIS will make its own distinctive contribution to Islamic scholarship in Singapore and internationally, but we should not measure its success simply by the number of graduates or qualifications awarded. Its true measure will be the quality of asatizah it nurtures, the trust that they earn and the difference they make in the lives of the people they serve.

Mr Deputy Speaker, the proposed amendments to AMLA will support SCIS in two areas.

First, they provide legal recognition for SCIS to award degrees, diplomas, certificates in tertiary Islamic education and when SCIS welcomes its first cohort into 2028, it can offer full undergraduate degree in Islamic Studies. Second, the amendments establish a framework for oversight accountability in the college's long-term development.

Establishing SCIS is a significant undertaking. We must ensure that it is governed while preserving the academic autonomy necessary for a credible institution of higher learning. The amendments will make oversight of SCIS part of MUIS' statutory functions under AMLA, and the Islamic Religious Council of Singapore (Majlis Ugama Islam Singapura or MUIS) will be empowered to direct SCIS on the provision of tertiary religious education consistent with its responsibilities in administering Muslim religious affairs and developing religious teachers. Methods of faith and religious scholarship will continue to be guided by the Mufti of Singapore.

SCIS will be established as an independent entity with autonomy over its strategy, administration and academic policies. Its Board of Governance will oversee curriculum matters, academic standards and day-to-day operations. The college will also be supported by an advisory panel, comprising prominent scholars and leaders from international Islamic institutions and local universities, including Al-Azhar University in Egypt, Singapore Management University and SUSS. The multi-disciplinary panel will also advise on global education trends and research opportunities.

The Minister-in-charge of Muslim Affairs will have oversight of selected administrative and financial matters. These include accountability and quality assurance frameworks, access to financial records, keyboard appointments and major decisions, such as changes to the college's constitution.

We must get this balance right. SCIS needs the independence to develop strong scholarship in academic standards. But at the same time, it must be accountable for the public and community funds entrusted to it.

The amendments will also enable MUIS to provide funding to SCIS from community funds that it administers, including sarkar, wakaf and the Mosque Building and Mendaki Fund (MBMF), subject to the applicable requirements governing these funds.

I recognise that these funds also support important community needs, including our mosques, religious education and families requiring assistance. We must continue to be careful stewards of these resources and establishing SCIS should not diminish our responsibility to meet the other needs.

The Government will fund a significant portion of SCIS' non-religious components, including social sciences modules and campus infrastructure consistent with our approach in supporting education here in Singapore.

But SCIS cannot depend solely on community funds. It will also need to develop other sustainable sources of funding, including fundraising to support its long-term development. Ultimately, our task is not simply to establish a college. It is to build an institution that our community can support with confidence and that future generations can inherit with pride.

Mr Deputy Speaker, these amendments lay the foundations for a distinctive Singapore institution, which will serve our community for generations to come.

Mr Deputy Speaker, let me now turn to amendments concerning Muslim marriages and divorces. Marriage is an important institution in Islam. It is a commitment between husband and wife and the foundation of which many families build their lives.

The Registry of Muslim Marriages (ROMM) and the Syariah Court have progressively strengthened support for Muslim couples. We want couples to prepare well for marriage and when difficulties arise, we want them to have someone to turn to, to work through their differences and wherever possible, keep their marriages together.

The mandatory Marriage Counselling Programme is an important part of these efforts. But we must also recognise that despite our best efforts, not every marriage can be reconciled.

For couples whose relationships have broken down, the experience can be deeply painful. There may be disappointment, financial worries, uncertainty about the future and difficult decisions concerning their children.

When families are already going through such a difficult period, we should be helping them find a way forward and not adding to their burden, and our laws and institutions must reflect that compassion. So, let me therefore be clear. These amendments are not intended to encourage divorce, nor do they lower the substantive legal requirements for obtaining one. We will continue to support reconciliation wherever possible. What we are doing is removing unnecessary procedural burdens while strengthening safeguards for families, particularly children.

This approach guides our proposed AMLA amendments.

First, it will update the process for Muslim couples seeking to be married in Singapore. If any of the parties to an intended marriage is not a Citizen or Permanent Resident of Singapore , at least one party must satisfy a minimum period of stay in Singapore in order for the marriage to be solemnised under AMLA.

I would like to take the opportunity to clarify the explanatory statement for clause 24 of the Bill on this new requirement, which refers mainly to cases of intended marriages where both parties are foreigners. There could however be other cases where only one party to the intended marriage is not a Singapore Citizen of Permanent Resident, while the other party could be a Singapore Citizen of Permanent Resident. In both cases, only one of the parties must satisfy the minimum period of stay, as I have earlier explained.

This amendment ensures that couples solemnising their marriages here have a genuine connection to Singapore, and this aligns AMLA with the Women's Charter. We recognise, however, that cross-border marriages involve different circumstances. ROMM will therefore have discretion to waive the requirement, after review and where there are good reasons to do so.

The next set of amendments concerns divorce proceedings at the Syariah Court of Singapore. These changes do not alter the grounds for divorce. Rather, they remove procedural steps that may no longer be necessary in certain circumstances.

First, where both parties agree to divorce by talak tafwidh, they will no longer need to appoint hakam, or marital conciliators. This reduces the time needed for court orders to appoint hakam, repeated adjournments and additional sessions with the hakam.

Second, the Syariah Court may waive the requirement for two sworn witnesses in fasakh applications, where the grounds can be proven through other evidence, such as official documents, and witness testimony is unnecessary.

So, the substantive requirements for divorce do not change. The Court must still be satisfied that the grounds are proven and valid under Muslim law. What the proposed amendments seek to do, is to reduce the administrative burden and the time taken for couples to complete the divorce cases.

The proposed amendments will also support Muslim couples who have obtained a divorce overseas, but also need to settle ancillary financial and child custody-related matters here in Singapore. Today, these couples may need to go to different Courts. The Family Justice Courts for financial orders, including division of matrimonial assets and child-related orders; and the Syariah Court for nafkah iddah and mutaah under AMLA. That takes time, costs money and adds stress to families already going through a difficult period.

The amendments will allow the Syariah Court to make the necessary financial and child custody-related orders for these couples. Families can settle their affairs in one forum, the Syariah Court, instead of navigating proceedings across multiple Courts.

With these new powers, the Syariah Court will ensure that the relevant legal procedures are implemented fairly and consistently with civil and Muslim justice systems.

Existing safeguards will remain in place, especially in determining the validity of foreign Muslim divorces. Parties must first obtain the Syariah Court's permission to apply for these orders, and the Syariah Court will also consider whether Singapore is the most appropriate jurisdiction to hear the matter.

Mr Deputy Speaker, I want to turn to one final area of the amendments, which I consider especially important: the protection of children.

When parents separate, it is often their children who face the greatest uncertainty. A child may not fully understand why the family is changing. But they will feel the effects, I can assure you. They ask, "Where will I live? Will I still see both my parents? What will happen to my school, my friends and the people I love?" These are not small questions for a child. And while parents may have disagreements about their future, children should not be caught in the middle.

That is why we are making explicit in AMLA that the welfare of the child is the paramount consideration in the Syariah Court's decisions concerning children. This is not a departure from Muslim law. The protection of children's welfare is already well established in our religious tradition and in the Syariah Court's practice.

But stating it expressly in AMLA gives families greater clarity and strengthens the legal framework protecting children, consistent with safeguards under the Women's Charter. These amendments will also expressly empower the Syariah Court to make orders preventing a child from being relocated outside Singapore, and to specify where a child is to reside as part of custody, care or control orders.

Consider a divorced parent who has care and control of a child and wishes to relocate overseas, while the other parent objects. Such a decision affects more than where the child lives. It may affect the child's education, stability and relationships with both parents. The Syariah Court will be able to determine whether relocation should be permitted and impose appropriate conditions, with the child's welfare as its foremost consideration.

These powers provide clearer legal protection when parents cannot agree on decisions that may have lasting consequences for their children. A marriage may end, but a parent's responsibility to their child does not. Whatever difficulties parents may face with one another, their children deserve to grow up feeling safe, loved and supported. The welfare of the child must remain our priority. Mr Deputy Speaker, in Malay, please.

(In Malay): Mr Speaker, over the years, many of our young Muslims who wanted to deepen their religious knowledge at a higher level, have pursued education overseas. They return with knowledge and experience that enrich the Muslim community in Singapore.

Now, we want to take a step further. We want to build an Islamic institution of higher learning in our own country. This is a dream that our community has long cherished, one championed by generations of religious and community leaders before us.

With the amendments to AMLA, the Singapore College of Islamic Studies (SCIS) will be recognised and authorised to award degrees, diploma and certificates in Islamic studies. When it welcomes its first cohort of students in 2028, SCIS will open another pathway for our madrasah graduates to pursue studies at the bachelor's degree level.

However, our ambitions go beyond simply opening a college. We want to shape the future of Islamic education and religious leadership in Singapore. Through SCIS, we want to combine the strengths of Islamic scholarly tradition with knowledge in other fields, such as the social sciences, so that our asatizah (religious teachers) will be better prepared to face the challenges of today's society.

We want to nurture asatizah who not only possess deep religious knowledge, but also understand the pulse of the community – asatizah who can guide with knowledge, engage with compassion and lead with wisdom. I would also like to assure everyone that the establishment of SCIS will not affect the support for mosques, madrasah and zakat recipients.

Strong governance will ensure that community funds are managed with integrity while safeguarding SCIS' academic autonomy. It is my hope that SCIS will grow into an institution firmly rooted in the religious scholarly tradition, grounded in the realities of our community and able to contribute to the advancement of Islamic knowledge on the global stage. Not merely because of its name or its buildings, but because of the quality of its scholarship, the character of its graduates and the benefits they contribute to society.

Mr Speaker, marriage is an important institution in Islam. Every married couple desires happiness. They want to build a life together and bring up their children in a loving environment. However, we must also accept that there are times when a marriage built with great hope cannot be sustained despite every effort.

Behind every divorce is someone going through a difficult time – they are faced with sadness, disappointment and anxiety about the future of their family. In times like this, we do not want the legal process to add to their burden. What they need is support and guidance, not additional pressure.

The amendment to AMLA is intended to alleviate such difficulties. Couples who agree to divorce through talak tafwidh no longer need to appoint hakam, which could shorten proceedings. For fasakh applications, the Syariah Court may waive the requirement of two witnessess if other evidence is sufficient.

Couples who file for divorce overseas are able to settle financial and child custody-related matters in the Syariah Court without needing to go through three different Courts. Our intention is not to make divorce easier, but to ensure that those who have to go through this process receive a resolution that is clearer, fairer and not unnecessarily prolonged.

At the same time, our concern is not limited to the couples undergoing the divorce. Children must also be protected. When parents separate, their children's lives also change. They may not be old enough to understand what is happening, but they still feel its impact.

They should not have to bear the pain caused by their parents' separation. Therefore, this amendment seeks to clarify that the welfare of children is the primary consideration of the Syariah Court, including when determining whether they can relocate overseas.

This principle is in line with Islamic teachings and the current practice of the Syariah Court, both of which emphasise the welfare and protection of children. Even though the marital bond may be severed, the responsibilities of being a mother and father continue. Whatever difficulties couples face in their relationship, children still have the right to grow up feeling safe and loved. We are the ones responsible for ensuring that their future remains protected.

Mr Speaker, we preserve what is good; we improve what falls short. Through this amendment, we want to ensure that our Islamic institutions remain strong and trusted and are able to meet the ever-changing needs of society. This is our responsibility to future generations: to build a knowledgeable, progressive and compassionate society.

( In English ): Mr Deputy Speaker, the amendments before us concern different aspects of Muslim life. But they are guided by a common responsibility: to strengthen the institutions that serve our community – MUIS, ROMM and the Syariah Court – as well as new institutions, such as SCIS, so that they are well equipped to serve the evolving needs of our community for generations to come.

Through SCIS, we are building on the contributions of earlier generations and investing in the religious leaders of tomorrow. Through the amendments to our marriage and divorce laws, we are reaffirming the importance of marriage, strengthening fairness and compassion when families face difficulties, and placing the welfare of children at the centre of our decisions.

We must approach these responsibilities with care and humility. Because the strength of our institutions is measured not only by the laws that govern them, but by the trust they earn, the lives they touch and the confidence they give our community in facing the future. Mr Deputy Speaker, I seek to move.

Question proposed.

6.28 pm

Mr Deputy Speaker: Leader.