Amending the Administration of Muslim Law Act to keep pace with the evolving needs of our Muslim community

Opening Speech by Mr Masagos Zulkifli, Minister for Social and Family Development, Second Minister for Health, and Minister-in-charge of Muslim Affairs at the Second Reading of the Administration of Muslim Law Act (Amendment) Bill on 5 February 2024

1. Mr Speaker, I beg to move, “That the Bill be now read a second time”.
2. This Bill proposes amendments to the Administration of Muslim Law Act 1966, or “AMLA”.
   
   Role of AMLA
3. Before we go into the specific amendments of the Bill, I would like to first briefly share with Members the context of the AMLA and how it supports our Muslim community.
4. The AMLA was enacted shortly after our independence to cover key aspects of Muslim life in Singapore, so that the personal matters of Muslims such as marriage, divorce, and their estates could continue to be governed by Muslim law. Singapore is one of a handful of countries that have such laws specifically for a minority Muslim community.
5. It is under the AMLA that the Majlis Ugama Islam Singapura, or “Muis”, was established as a statutory board to administer the religious affairs of the Singapore Muslim community. The AMLA provides for a Mufti to be appointed and for religious decisions issued by him to be recognised. Other statutory Muslim institutions such as the Syariah Court, or “SYC”, and the Registry of Muslim Marriages, or “ROMM”, were also constituted under the AMLA.
6. The AMLA has been reviewed regularly to ensure that this set of laws remain relevant to the community’s socio-religious needs because we live in a fast-changing and complex environment.
7. For this round of AMLA amendments, we seek to update the provisions governing the processes and operations of our statutory Muslim institutions, namely Muis, SYC, and ROMM.
8. Broadly, the amendments seek to:
   1. First, enable Muis to better administer its functions and duties to support the Muslim community;
   2. Second, enable the ROMM and SYC to adopt new digitalisation processes; and
   3. Third, enhance the administrative provisions relating to SYC for more effective outcomes for families who go through a divorce.
9. MCCY published a draft of this Bill for public consultations late last year. We appreciate the broad support from the community for this Bill and the valuable feedback received.
   
   A. Enable Muis to better administer its functions and duties to support the Muslim community
10. Let me first address the amendments to enable Muis to better administer its functions and duties.
    
    Strengthening legal provisions for the creation of community wakaf to serve the long-term socio-religious needs of our Muslim community
11. Mr Speaker, the practice of leaving a charitable legacy for future generations has been ingrained in our Muslim tradition and practised by our forefathers through wakaf or Islamic charitable endowments. However, the wakaf that were created in the past are no longer sufficient nor flexible enough to meet the evolving needs of the Muslim community.
12. We need to create and steward sustainable financial resources to support the community’s long-term social and religious development. This will require us to rejuvenate our wakaf spirit to enable more members of the community to contribute. In this regard, I initiated a plan to establish the Wakaf Masyarakat Singapura or “WMS”. The WMS will enable more individuals to bequeath their assets for future generations and for our Muslim community to remain financially self-reliant and capable to address future needs and challenges. I am heartened by the support and encouraging feedback from the community for this initiative.
13. This amendment Bill will empower Muis to create wakaf and serve as the overarching legal foundation for the WMS. Unlike traditional wakaf which must be created by Muslim individuals and scoped for specific religious charitable purposes by the bequeathed upon their death, this amendment Bill will enable Muis, as an Islamic body,
    1. to create wakaf on its own; and
    2. for the WMS to serve as a community endowment fund for social and religious development.
14. The WMS will generate a more sustainable revenue stream to fund the broader and evolving socio-religious needs of the community. These needs include the renewal of mosque leases and mosque maintenance, the development of religious teachers and scholars (collectively known as asatizah), and other community programmes. Individuals can contribute voluntarily to the WMS in the form of cash, property or CPF nominations. Over time, as proceeds are sustained, the WMS will complement established community funds such as the Mosque Building and MENDAKI Fund, or “MBMF”, and zakat.
    
    Strengthening the management of the Mosque Building and MENDAKI Fund (MBMF)
15. This amendment Bill will also strengthen Muis’ ability to manage the MBMF by clarifying that any contribution to the MBMF that is not attributable to any individual is deemed to be for the purpose of mosque building, so as to benefit all members of the Singapore Muslim community.
    
    Strengthening the recognition framework for imported halal products through the recognition of Foreign Halal Certification Bodies (FHCB)
16. Muis will enhance its recognition framework for Foreign Halal Certification Bodies, or “FHCB”, as part of its effort to provide a transparent, practical and high-quality system of halal certification. These FHCBs, which are based in exporting countries, certify food products that are produced or manufactured overseas for import to Singapore.  
17. This amendment Bill will strengthen the administration of the FHCB scheme by setting out the legal framework for the recognition of these bodies as having comparable halal certification benchmarks to Muis’ Halal Certification Standards. This will provide greater transparency and assurance to our Muslim community on the quality of Muis-recognised FHCBs and provide our Muslim consumers and businesses with greater assurances when purchasing and consuming halal food products.
    
    Strengthening the Fatwa (Legal) Committee
18. Mr Speaker, given our diverse and evolving society, Muis will need a broader set of expertise to address the increasing complexity of socio-religious issues faced by the Muslim community. As provided for under the AMLA, Muis’ Legal Committee (also known as the Fatwa Committee) issues fatwas (or religious rulings) which help guide the community in navigating socio-religious issues.
19. To support the work of the Fatwa Committee, this amendment Bill will expand the Committee’s membership from four to eight full members. This will allow the Committee to tap on a wider range of expertise, such as within the asatizah fraternity.
20. The Fatwa Committee will also be empowered to decide on whether there is a need to issue a fatwa based on the requests received. For example, there is no need to issue a fatwa if the Office of the Mufti has already issued religious guidance or an advisory known as irsyad on a specific issue. Fatwa deliberations can therefore be focused on issues that have an important bearing on the life of our Muslim community. This will help to prioritise the Committee’s efforts and resources.
21. Muis’ Fatwa Committee has had to formulate guidance on new, special, and unique issues facing the Malay/Muslim community here over the decades. The strong and decisive leadership of the Fatwa Committee has guided our community well, and more broadly supported Singapore, through the COVID-19 pandemic and beyond. For their religious leadership during the pandemic, our Mufti Dr Nazirudin Nasir and the Fatwa Committee were conferred the Imam Al-Qarafi Award by the General Secretariat for Fatwa Authorities under the prestigious Dar al-Ifta, one of the world’s pre-eminent Islamic institutions. This recognition is testament to the quality of our Muslim religious leaders and their religious guidance. More importantly, it reflects the trust and confidence that our Singapore Muslim community places in these religious leaders.
    
    Improving the quality and delivery of Islamic religious education
22. We will preserve and strengthen the high levels of trust and confidence in our religious teachers and religious education, and continue to enhance Muis’ administration of Muslim religious schools. While the AMLA states that it is the function and duty of Muis to administer all Muslim religious schools in Singapore, the definition of such institutions has never been prescribed in law.
23. Hence, this amendment Bill will introduce a definition of Muslim religious schools, provide for inspection powers for Muis officers, as well as specify a fixed period of 14 days for an appeal to be made to the Minister-in-charge of Muslim Affairs. These provisions will augment Muis’ ability to administer all Muslim religious schools in Singapore, on both online and physical platforms, and enable Muis to take enforcement action against any unregistered Muslim religious school here. This will ensure that Islamic religious education in Singapore is conducted by accredited institutions and asatizah with the necessary qualifications. This will maintain the integrity of our religious sector in guiding our Muslim community on the practice of Islam in a modern and multi-religious society.
    
    B. Improve digitalisation efforts at ROMM and SYC
24. Mr Speaker, our Muslim institutions continuously strive to improve their service delivery, and more importantly, bring value to Singaporeans. Recent digitalisation efforts by the Registry of Muslim Marriages and the Syariah Court will enable them to better serve and support Muslim families.
    
    Facilitate digital registration for Muslim marriages
25. To facilitate the implementation of e-services for marriage solemnisation, this amendment Bill will allow ROMM to introduce digital Certificates of Marriage for Muslim marriages. Similar to the case for civil marriages, this digital Certificate will not require the signatures of the Muslim marriage solemniser, also known as the Kadi or Naib Kadi, the marrying parties and their witnesses.
    
    Strengthening digitalisation in SYC’s processes
26. This amendment Bill will also facilitate the implementation of SYC’s new digital case management system. We will remove the requirements for the divorce register to be signed by the Registrar of SYC and the witnesses whose evidence has been taken by the Court, for cases where a married woman has applied for a divorce on the ground of fasakh under section 49 of the AMLA, that is, judicial dissolution of marriage based on Muslim law as provided by the AMLA.
27. These amendments will not change the fact that Muslim law will continue to apply to Muslim marriages and divorces. The requirements of a valid Muslim marriage and divorce must and will be ensured even with these amendments. The digitalisation of Muslim marriage and divorce services will be carried out in full respect of the solemnity and significance of the occasion, while enhancing convenience for the community.
    
    C. Enhance administrative provisions relating to SYC
28. Mr Speaker, I will now touch on the final group of amendments that will enhance SYC’s ability to deliver fair and just outcomes for families. The amendments align SYC’s processes and powers with that of the Family Justice Courts, which were amended last year.
    
    Enhancing the judge-led approach in SYC to better support families
29. This amendment Bill will enhance SYC’s powers to deliver fair and just outcomes through the judge-led approach in its administration of divorces for Muslim families. This includes allowing SYC to make orders on its own motion, including an order of a substantive nature to better facilitate the just, expeditious and economical resolution or disposal of any matter. This will ensure that SYC has the powers to address the immediate needs of the family. Currently, SYC can only make a substantive order if it is pleaded or applied for by the parties.
30. This amendment Bill will also allow SYC to limit a party from filing an application or a document in support of an application in certain situations. Such applications include those that are or are likely to be without merit, based on the applicant’s past conduct, or where the application or document will have an adverse effect on the welfare of a minor child, who is an individual below 21 years in age. This will prevent parties from filing applications that may result in prolonged proceedings, unnecessary acrimony and hardship on others involved.
    
    Amendments to clarify SYC’s jurisdiction and powers to support children
31. Amendments will also be made to sections 35 and 52 of the AMLA to clarify SYC’s jurisdiction and powers in respect of ancillary orders, such as the custody, care and control, and access of minor children upon divorce or nullification of marriage.
    
    Conclusion
32. Mr Speaker, allow me to summarise the amendments in Malay.
33. Dalam usaha untuk memperkukuh institusi-institusi berkanun Islam kita, iaitu Majlis Ugama Islam Singapura (Muis), Mahkamah Syariah dan Pejabat Pendaftaran Pernikahan Orang Islam (ROMM), saya telah membentangkan pindaan-pindaan berikut:
    1. Pertama, memberikan kuasa kepada Muis untuk menubuhkan wakaf. Ini akan membentuk asas perundangan bagi penubuhan Wakaf Masyarakat Singapura (WMS) untuk memenuhi keperluan sosio-agama masyarakat Islam kita pada jangka panjang. WMS terbentuk sebuah sedekah jariah kepada generasi pelapis adalah suatu amalan murni yang biasa dilakukan dalam Islam dan pernah menjadi lumrah nenek moyang kita. Penubuhan WMS ini juga bertujuan menyemarakkan semula semangat berwakaf masyarakat kita, selepas wakaf terakhir oleh Shaikh Taha Abubakar Mattar bagi tapak Masjid Sallim Mattar pada tahun 1978. Hampir 50 tahun lalu, dalam semangat dan prinsip yang sama WMS akan ditubuhkan oleh Muis, sebagai sebuah wakaf masyarakat untuk kepentingan jangka masa panjang sosio-agama kita. Sebuah wakaf yang kita bangunkan bersama, untuk dinikmati bersama, terutama oleh generasi masa hadapan.
    2. Kedua, untuk memberi lebih jaminan kepada pelanggan Muslim serta golongan peniaga semasa membeli produk-produk halal yang diimport. Ini akan dilakukan dengan menetapkan rangka kerja undang-undang bagi pengiktirafan Badan-badan Pensijilan Halal Luar Negara atau FHCB yang mempunyai piawaian pensijilan yang setanding dengan Muis.
    3. Ketiga, mempertingkat mutu pendidikan Islam di Singapura dengan menetapkan takrifan bagi sekolah-sekolah agama Islam yang Muis harus kawal selia. Ini adalah untuk memastikan bahawa semua sekolah agama Islam di Singapura, sama ada di dalam talian mahupun secara fizikal, mendapat pentauliahan yang diperlukan.
    4. Keempat, memperkukuh Jawatankuasa Fatwa dengan meningkatkan jumlah anggotanya, di samping memberikan lebih ruang untuk menggunakan budi bicara dalam mempertimbangkan permintaan fatwa. Jawatankuasa Fatwa juga akan menumpukan perhatiannya kepada permintaan fatwa yang mempunyai kesan penting ke atas masyarakat Islam kita.
    5. Kelima, pindaan-pindaan akan diperkenalkan bagi menyokong usaha ROMM dan SYC untuk memperkukuh perkhidmatan yang disediakan kepada keluarga-keluarga Islam.
34. Mr Speaker, in conclusion, this Bill seeks to ensure that the AMLA continues to reflect the contemporary needs of our Muslim community and will enable our Muslim institutions to better administer their functions to support these needs.
35. Mr Speaker, I beg to move.
    
    English Translation
    
    33. In our efforts to strengthen our statutory Islamic institutions of the Majlis Ugama Islam Singapura, the Syariah Court, and the Registry of Muslim Marriages, I have presented the following amendments.
    
    a. First, to provide Muis with the powers to create a wakaf. This will form the overarching legal foundation for the creation of the Wakaf Masyarakat Singapura to serve the long-term religious and social needs of our Muslim community. Giving recurring charity for the benefit of the next generation is a practice often carried out in Islam and was a norm for our ancestors. Creating the WMS constitutes a rejuvenation of this wakaf spirit in the community, after the last wakaf by Shaikh Taha Abubakar Mattar for the land where Masjid Sallim Mattar sits in 1978. This was nearly 50 years ago. In the same spirit and principle, WMS will be created by Muis as a community wakaf to serve our socio-religious needs in the long-term. A community wakaf that we create together, for the benefit of the whole community, especially for future generations.
    
    b. Second, to provide Muslim consumers and businesses with greater assurance when purchasing imported halal products. This will be done by setting out the legal framework for the recognition of Foreign Halal Certification Bodies or FHCB that have certification standards that are comparable to Muis’.
    
    c. Third, to improve the quality of Islamic religious education in Singapore by defining Muslim religious schools that Muis is to regulate. This is to ensure that all Muslim religious schools in Singapore, on both online and physical platforms, are properly certified.
    
    d. Fourth, to strengthen the Fatwa (Legal) Committee by expanding the Committee’s membership and allowing for greater discretion in considering fatwa requests. The Fatwa Committee’s efforts and resources will also be focused on fatwa requests that have a significant impact on our Muslim community.
    
    e. Fifth, amendments will be introduced to support ROMM’s and SYC’s efforts to strengthen the services they provide to Muslim families.