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Administration of Muslim Law (Amendment) Bill

Bill No. 13/1990

Read the first time on 11th June 1990.

An Act to amend the Administration of Muslim Law Act (Chapter 3 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Administration of Muslim Law (Amendment) Act 1990 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Administration of Muslim Law Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definition of “General Register”;

(b)

by inserting, immediately after the definition of “President”, the following definitions:

“ “Register of Divorces” means the Register of Divorces kept by the Syariah Court under section 100;

“Register of Marriages” means the Register of Marriages kept by the Registrar under section 100;

“Register of Revocation of Divorces” means the Register of Revocation of Divorces kept by the Registrar under section 100;”; and

(c)

by deleting the definition of “Yayasan Mendaki” and substituting the following definition:

“ “Yayasan Mendaki” means the company limited by guarantee which is incorporated under the Companies Act [Cap. 50, 1990 Ed.] under the name of Yayasan Mendaki.”.

Amendment of section 5

3. Section 5(2) of the principal Act is amended by inserting, immediately after the word “description” in the third line, the words “and may erect any building on any property vested in, belonging to or acquired by the Majlis”.

Amendment of section 7

4. Section 7 of the principal Act is amended —

(a)

by inserting, immediately after paragraph (a) of subsection (1), the following paragraph:

“(aa)

a Vice-President, if one has been so appointed under subsection (6);”; and

(b)

by inserting, immediately after subsection (5), the following subsection:

“(6) The President of Singapore may appoint a Vice-President of the Majlis to assist the President in the discharge of his functions and duties under this Act.”.

Amendment of section 67

5. Section 67 of the principal Act is amended —

(a)	by deleting the words “31st October” in the second line of subsection (1) and substituting the words “31st December”;
(b)	by deleting the words “31st March” in the third line of subsection (2) and substituting the words “30th June”; and
(c)	by inserting, immediately after the word “President” at the end of subsection (3), the words “, the Vice-President or by any member of the Majlis nominated by the President”.

New section 73A

6. The principal Act is amended by inserting, immediately after section 73, the following section:

“Financial provisions

73A. The financial provisions set out in the First Schedule shall apply to the Majlis.”.

Amendment of section 78

7. Section 78(1) of the principal Act is amended by inserting, immediately before the word “Schedule” in the last line, the word “Second”.

Amendment of section 91

8. Section 91(3) of the principal Act is amended —

(a)

by deleting the word “and” at the end of paragraph (b); and

(b)

by deleting the full-stop at the end of paragraph (c) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(d)	state the period the person named therein is appointed to be a Naib Kadi.”.

Amendment of section 99

9. Section 99 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) Every Kadi and Naib Kadi shall, within one week of the registration of a marriage or revocation of divorce, send a copy of the certificate of marriage or revocation of divorce, as the case may be, to the Registrar.”;

(b)

by deleting the word “General” in the last line of subsection (2);

(c)

by deleting the word “General” in the penultimate line of subsection (3); and

(d)

by inserting, immediately after subsection (3), the following subsection:

“(4) Every Kadi shall, within one week of the registration of a divorce, send a copy of the certificate of divorce to the President of the Syariah Court.”.

Repeal and re-enactment of sections 100 and 101

10. Sections 100 and 101 of the principal Act are repealed and the following sections substituted therefor:

“Registers of Marriages, Divorces and Revocation of Divorces

100.—(1) The Registrar shall cause —

(a)	the copies of the certificates of marriage sent to him to be bound in a Register of Marriages; and
(b)	the copies of the certificates of revocation of divorce sent to him to be bound in a Register of Revocation of Divorces.

(2) The Registrar shall keep an index of each of the Registers of Marriages and Revocation of Divorces kept by him.

(3) The President of the Syariah Court shall cause the copies of the certificates of divorce sent to him to be bound together with the certificates of divorce issued by that Court in a Register of Divorces.

(4) The President of the Syariah Court shall keep an index of the Register of Divorces kept by him.

Cancellation or rectification of entries in registers or certificates

101.—(1) If it shall appear that any entry in any Register of Marriages or Register of Revocation of Divorces kept or a certificate of marriage or certificate of revocation of divorce issued under this Act has been made or issued in error or contains any error that might be corrected, the Registrar or any person affected by such error may apply to the Syariah Court for the cancellation of the certificate or rectification of such entry.

(2) If it shall appear that any entry in the Register of Divorces or a certificate of divorce issued under this Act has been made or issued in error or contains any error that might be corrected, any person affected by such error may apply to the Syariah Court for the cancellation of the certificate or rectification of such entry.

(3) The Syariah Court may, after such inquiry as it thinks proper, order the cancellation or rectification accordingly.

(4) Any person may be ordered to surrender any document to the Registrar or the President of the Syariah Court for cancellation or rectification in consequence of any such order.

(5) If the Registrar is satisfied by statutory declaration or otherwise that any certificate of marriage or certificate of revocation of divorce contains any clerical or typographical error, he may, in the presence of the persons named in the certificate, or, if they are absent, in the presence of two credible witnesses, rectify such certificate.

(6) The Registrar shall sign and date any correction made in the certificate of marriage or the certificate of revocation of divorce and in the relevant Register of Marriages or Register of Revocation of Divorces, as the case may be.

(7) Every rectification made under subsection (5) shall be attested by the witnesses in whose presence it was made.”.

Repeal and re-enactment of sections 143 and 144

11. Sections 143 and 144 of the principal Act are repealed and the following sections substituted therefor:

“Inspection and search

143.—(1) The Register of Marriages, Register of Divorces and Register of Revocation of Divorces, and the general index of each of those Registers shall be open to inspection by any person upon payment of the prescribed fee.

(2) The Registrar or the President of the Syariah Court, as the case may be, shall, upon payment of the prescribed fee, furnish any person requiring the same a copy of any entry in any of the Registers certified under his signature and seal of office.

Proof

144. The Register of Marriages, Register of Divorces and Register of Revocation of Divorces and any copy of any entry therein, certified under the hand and seal of the Registrar or the President of the Syariah Court, as the case may be, to be a true copy or extract, shall be prima facie evidence in all courts and tribunals in Singapore of the dates and acts contained or set out in each of those Registers, copy or extract.”.

New Schedule

12. The principal Act is amended by inserting, immediately after section 146, the following Schedule:

“FIRST SCHEDULE

Section 73A.

Financial Provisions

1. The Majlis shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Majlis and over the expenditure incurred by the Majlis.

2. The Majlis shall, as soon as practicable after the close of each financial year, prepare and submit financial statements in respect of that year to the auditor of the Majlis.

3. The accounts of the Majlis shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General.

4. A person shall not be qualified for appointment as an auditor under paragraph 3 unless he is an approved company auditor under the Companies Act [Cap. 50, 1990 Ed.].

5. The remuneration of the auditor shall be paid out of the funds of the Majlis.

6. The auditor or any person authorised by him shall be entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Majlis and may make copies of or extracts from any such accounting and other records.

7. The auditor shall in his report state —

(a)	whether the financial statements show fairly the financial transactions and the state of affairs of the Majlis;
(b)	whether proper accounting and other records have been kept, including records of all assets of the Majlis whether purchased, donated or otherwise;
(c)	whether the receipts, expenditure, and investment of moneys and the acquisition and disposal of assets by the Majlis during the financial year were in accordance with the provisions of this Act; and
(d)	such other matters arising from the audit as he considers necessary.

8. The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Majlis. He shall also submit such periodical and special reports to the Minister and to the Majlis as may appear to him to be necessary or as the Minister or the Majlis may require.

9. The auditor or any person authorised by him may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor considers necessary for the purposes of his functions under this Act.

10. Any person who fails without reasonable excuse to comply with any requirement of the auditor under paragraph 9 or who otherwise hinders, obstructs or delays the auditor in the performance of his duties or the exercise of his powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

11. The Majlis shall, as soon as the financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the President or Vice-President, together with a copy of the auditor’s report.

12. Where the Auditor-General is not the auditor of the Majlis, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General at the same time they are submitted to the Majlis.

13. The Minister shall as soon as practicable cause a copy of the annual report, the audited financial statements and the auditor’s report to be presented to Parliament.”.

Amendment of Schedule

13. The Schedule to the principal Act is amended by deleting the words “THE SCHEDULE” and substituting the words “SECOND SCHEDULE”.

Validation clause

14.—(1) The company limited by guarantee incorporated under the Companies Act [Cap. 50, 1990 Ed.] on 28th June 1989 under the name of “Yayasan Mendaki” shall be deemed to be the successor of the society of the same name registered under the Societies Act [Cap. 311] and which was dissolved on 13th August 1989.

(2) Any reference in the principal Act to “Yayasan Mendaki” shall on and after 13th August 1989 be construed as a reference to the company limited by guarantee incorporated under the Companies Act under the name of “Yayasan Mendaki”.