Administration of Muslim Law (Amendment) Bill

Bill No. 18/1998

Read the first time on 20th April 1998.

An Act to amend the Administration of Muslim Law Act (Chapter 3 of the 1985 Revised Edition) and to make related amendments to the Subordinate Courts Act (Chapter 321 of the 1985 Revised Edition) and the Supreme Court of Judicature Act (Chapter 322 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 1998 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 inserting, immediately after the definition of “Fund”, the following definitions:

“ “Haj” means a pilgrimage in accordance with the Muslim law;

“halal”, in relation to any product, service or activity, means the requirements of the Muslim law are complied with in the production, processing, marketing, display or carrying out, as the case may be, of that product, service or activity;

“halal certificate”, in relation to any product, service or activity, means a certificate to the effect that the requirements of the Muslim law are complied with in the production, processing, marketing, display or carrying out, as the case may be, of that product, service or activity;”; and

(b)

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

“ “specified halal certification mark” means any certification mark specified under section 88A(4);”.

Repeal and re-enactment of section 3

3. Section 3 of the principal Act is repealed and the following section substituted therefor:

“Establishment and functions of Majlis

3.—(1) As from the commencement of the Administration of Muslim Law (Amendment) Act 1998, the Majlis Ugama Islam, Singapura, shall continue in existence.

(2) It shall be the function and duty of the Majlis —

(a)	to advise the President of Singapore in matters relating to the Muslim religion in Singapore;
(b)	to administer matters relating to the Muslim religion and Muslims in Singapore including any matter relating to the Haj or halal certification;
(c)	to administer all Muslim endowments and funds vested in it under any written law or trust;
(d)	to administer the collection of zakat and fitrah and other charitable contributions for the support and promotion of the Muslim religion or for the benefit of Muslims in Singapore in accordance with this Act;
(e)	to administer all mosques and Muslim religious schools in Singapore; and
(f)	to carry out such other functions and duties as are conferred upon the Majlis by or under this Act or any other written law.”.

Amendment of section 5

4. Section 5 of the principal Act is amended by inserting, immediately after subsection (3), the following subsections:

“(4) The Majlis may, with the approval of the Minister, form or participate in the formation of any company, or enter into any joint venture or partnership, to carry out any of the purposes of this Act.

(5) The Majlis may do such other acts as appear to the Majlis to be incidental or necessary to the discharge of its functions and duties under this Act.”.

Amendment of section 7

5. Section 7 of the principal Act is amended by inserting, immediately after subsection (6), the following subsection:

“(7) If the President dies or has his appointment revoked or otherwise vacates his office before the expiry of the term for which he has been appointed, a temporary President may be appointed by the President of Singapore for such period as the President of Singapore may determine to carry out the functions and duties of the President.”.

Repeal and re-enactment of section 26

6. Section 26 of the principal Act is repealed and the following section substituted therefor:

“Delegation of powers

26.—(1) The Majlis may, subject to such conditions and restrictions as the Majlis may impose, delegate to any member or committee of the Majlis or any person all or any of its functions and powers vested by or under this Act or any other written law, not being judicial or quasi-judicial powers.

(2) For the purposes of this section, the powers conferred on the Majlis by sections 32 and 33 shall be deemed to be quasi-judicial.

(3) Any function or power delegated under subsection (1) may be exercised or performed by such member, committee or person in the name and on behalf of the Majlis.

(4) It shall be the duty of every member, committee or person to whom any power of the Majlis has been delegated to inform the Majlis of all acts and things done by him or it in pursuance of the delegation.

(5) The Majlis may continue to exercise a power conferred on it or perform a function under this Act or any other written law notwithstanding the delegation of such power or function under this section.”.

Amendment of section 35

7. Section 35 of the principal Act is amended —

(a)

by inserting, immediately after subsection (1), the following subsections:

“(1A) The President of Singapore may appoint one or more presidents of the Court.

(1B) All presidents of the Court shall have in all respects equal power, authority and jurisdiction.”; and

(b)

by inserting, immediately after the word “shall” in the first line of subsection (2), the words “have jurisdiction to”.

New sections 35A and 35B

8. The principal Act is amended by inserting, immediately after section 35, the following sections:

“Leave to commence or to continue civil proceedings involving disposition or division of property on divorce or custody of children

35A.—(1) Any person who, on or after the commencement of proceedings for divorce in the Court or after the making of a decree or order for divorce by the Court or on or after the registration of a divorce under section 102, intends to commence civil proceedings in any court involving any matter relating to the disposition or division of property on divorce or custody of any child where the parties are Muslims or were married under the provisions of the Muslim law, shall apply to the Court for leave to commence the civil proceedings.

(2) Where proceedings for divorce are commenced in the Court or a decree or order for divorce is made by the Court or a divorce is registered under section 102 after civil proceedings between the same parties are commenced in any court involving any matter relating to the custody of any child, any party who intends to continue the civil proceedings shall apply to the Court for leave to continue the civil proceedings.

(3) The Court shall not grant leave to commence the civil proceedings under subsection (1) or to continue the civil proceedings under subsection (2) unless the Court is satisfied that every party who will be affected by such leave has been notified of the application at least 7 days before the grant of such leave.

(4) The Court shall, if it grants the application for leave under subsection (1) or (2), issue a commencement certificate or a continuation certificate, respectively, to the applicant —

(a)	not later than 21 days after granting such leave; or
(b)	where an appeal against the grant of such leave has been made under section 55, when the decision of the Court to grant such leave has been confirmed on appeal or the appeal has been discontinued.

(5) This section shall not apply if the parties to the civil proceedings mentioned in subsection (1) consent to the commencement of the civil proceedings in any court or mentioned in subsection (2) consent to the continuation of such proceedings.

Stay of proceedings involving certain matters

35B.—(1) The Court shall stay proceedings before it —

(a)	involving any matter in respect of which it has issued a certificate under section 35A(4), upon issuing the certificate;
(b)	involving any matter relating to maintenance of any wife during the subsistence of the marriage, if it comes to the knowledge of the Court that civil proceedings relating to maintenance of the wife have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it;
(c)	involving any matter relating to the maintenance of any child of the parties, if it comes to the knowledge of the Court that civil proceedings relating to the maintenance of the child have been commenced in any court between the same parties before, on or after the commencement of the proceedings before it;
(d)	to which section 35A(1) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been commenced in any court by the consent of the parties; or
(e)	to which section 35A(2) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been continued by the consent of the parties.

(2) Where leave granted by the Court under section 35A is reversed on appeal under section 55, the Court may restore any proceedings which have been stayed under subsection (1)(a).

(3) Nothing in this section shall prevent the Court from exercising its powers under sections 51(2) and 52(1), (2) and (3)(a) and (b).”.

Amendment of section 51

9. Section 51 of the principal Act is amended by inserting, immediately after subsection (3), the following subsections:

“(4) The Court may vary or rescind any order made under this section on the application of the person in whose favour or against whom the order was made where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.

(5) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.”.

Amendment of section 52

10. Section 52 of the principal Act is amended —

(a)

by deleting subsection (3) and substituting the following subsection:

“(3) The Court may, at any stage of the proceedings for divorce or after making a decree or order for divorce, or after any divorce has been registered whether before or after the commencement of the Administration of Muslim Law (Amendment) Act 1998 under section 102, on the application of any party to the proceedings, make such orders as it thinks fit with respect to —

(a)	the payment of emas kahwin to the wife;
(b)	the payment of a consolatory gift or mutaah to the wife;
(c)	the custody, maintenance and education of the minor children of the parties; and
(d)	the disposition or division of property on divorce.”; and

(b)

by inserting, immediately after subsection (4), the following subsections:

“(5) In making any order under subsection (3)(d), the Court shall have power to order the disposition or division of the property in such proportions as it thinks just and equitable.

(6) Subsections (2) to (10) of section 112 of the Women's Charter (Cap. 353) shall apply, with the necessary modifications, to the Court in making an order under subsection (3)(d) in like manner as those subsections apply to the High Court so far as they are consistent with the Muslim law.

(7) The Court may, on the application of any interested person, vary or rescind any order made under subsection (3)(a), (b) or (c) where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.

(8) Any person who fails to comply with an order of the Court made under this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months.”.

Repeal and re-enactment of section 53 and new sections 53A and 53B

11. Section 53 of the principal Act is repealed and the following sections substituted therefor:

“Enforcement of orders

53.—(1) The Court may, for every breach of an order made under section 51 or 52, direct the amount or the value of the property due to be levied in the manner provided for levying fines imposed by a Magistrate's Court.

(2) For the purposes of enforcement of any order made under this Part, any party interested may apply for the order to be registered in a District Court in accordance with the Rules of Court and the District Court shall register the order in accordance with the Rules of Court.

(3) From the date of registration of an order under subsection (2), the order shall be of the same force and effect, and all proceedings may be taken on the order, for the purposes of enforcement as if it had been an order originally obtained in the District Court which shall have power to enforce it accordingly.

(4) A District Court shall have jurisdiction to enforce any order in accordance with subsection (3) regardless of the monetary amount involved.

(5) In enforcing a custody order registered under subsection (2), a District Court may exercise the powers conferred on the High Court by section 14 of the Guardianship of Infants Act (Cap. 122) except that the reference to the sheriff in that section shall be read as a reference to a bailiff for the purposes of this subsection.

Execution of deed or indorsement of negotiable instrument

53A.—(1) If a judgment or order of the Court is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, or neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may prepare a deed, document or indorsement of the instrument in accordance with the terms of the judgment or order, and tender the same to the Court for execution upon the proper stamp, if any is required by law.

(2) The signature thereof by any president of the Court shall have the same effect as the execution, signing or indorsement thereof by the party ordered to execute.

(3) Nothing in this section shall be taken to abridge the powers of a court under section 53.

(4) This section and sections 51(4) and (5), 52(7) and (8) and 53 shall also apply to any judgment or order of the Court made before the commencement of the Administration of Muslim Law (Amendment) Act 1998.

Costs

53B. The Court may, in its discretion, order any party to pay any costs of any proceedings under this Part, including travelling and subsistence expenses of the parties and witnesses, and shall itself assess the amount of any costs so ordered to be paid.”.

Amendment of section 55

12. Section 55 of the principal Act is amended —

(a)

by deleting subsections (1), (2) and (3) and substituting the following subsections:

“(1) An appeal shall lie to an Appeal Board constituted under this section from any decision of the Court —

(a)	by any person aggrieved by the decision if the amount in issue on appeal is not less than $450;
(b)	in all cases involving any decision as to personal status, by any person aggrieved by the decision;
(c)	in all cases relating to maintenance, by any person aggrieved by the decision;
(d)	in all cases relating to custody of minor children, by any person aggrieved by the decision;
(e)	to grant or refuse leave to commence or to continue civil proceedings under section 35A, by the other party in the civil proceedings; or
(f)	in any other case, with the leave of the Appeal Board.

(2) No appeal under subsection (1)(a), (b), (c), (d) or (e) shall lie against a decision of the Court by consent except with the leave of the Appeal Board.”;

(b)

by deleting the word “annually” in the second line of subsection (4) and substituting the words “at least once in every 2 years”;

(c)

by inserting, immediately after the words “subsection (1)” in the third line of subsection (5), the words “or (2)”; and

(d)

by inserting, immediately after the word “retrial” at the end of subsection (6), the words “, or award costs if it thinks fit”.

New sections 56A and 56B

13. The principal Act is amended by inserting, immediately after section 56, the following sections:

“Decision of Court and Appeal Board to be final

56A. Subject to the provisions of this Act, any decision of the Court or the Appeal Board shall be final and conclusive, and no decision or order of the Court or the Appeal Board shall be challenged, appealed against, reviewed, quashed or called into question in any court and shall not be subject to certiorari, prohibition, mandamus or injunction in any court on any account.

Protection of members and officers of Court

56B.—(1) A member of the Court shall not be liable to be sued for any act done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, if he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.

(2) No officer of the Court or any other person expressly authorised by the Court charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the Court shall be liable to be sued for the execution of or attempting to execute the writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless he knowingly acted in excess of the authority conferred upon him by the writ, summons, warrant, order, notice or other mandatory process.

(3) The officer or other person referred to in subsection (2) shall not be deemed to have acted knowingly in excess of his authority merely by reason of the existence of a dispute as to the ownership of any property seized under any writ or order of execution.”.

Repeal and re-enactment of sections 64, 65 and 66

14. Sections 64, 65 and 66 of the principal Act are repealed and the following sections substituted therefor:

“Annual report

64. The Majlis shall, as soon as practicable after the end of each financial year, submit to the Minister an annual report on the activities of the Majlis during the preceding financial year.

Financial provisions relating to trust, wakaf, nazar and mosque

65. The financial provisions set out in the Third Schedule shall apply to all mosques and all properties, investments and assets vested in the Majlis subject to any trust, wakaf or nazar which do not form part of the Fund.”.

Amendment of section 67

15. Section 67 of the principal Act is amended —

(a)	by deleting the word “December” in the second line of subsection (1) and substituting the word “October”; and
(b)	by deleting the words “30th June” in the third line of subsection (2) and substituting the words “31st March”.

Amendment of section 69

16. Section 69 of the principal Act is amended by deleting subsections (2) and (3).

New Part VA

17. The principal Act is amended by inserting, immediately after Part V, the following Part:

“PART VA

HALAL AND HAJ MATTERS

Halal certificates

88A.—(1) The Majlis may issue halal certificates in relation to any product, service or activity and regulate the holders of such certificates to ensure that the requirements of the Muslim law are complied with in the production, processing, marketing or display of that product, the provision of that service or the carrying out of that activity.

(2) An application for a halal certificate shall be in such form as the Majlis may require.

(3) The Majlis may, in issuing a halal certificate, impose such condition as it thinks fit and may at any time vary, remove or add to such condition.

(4) The Majlis may, by notification in the Gazette, specify any certification mark of the Majlis for use in relation to any product, service or activity in respect of which it has issued a halal certificate under subsection (1).

(5) Any person who, without the approval of the Majlis —

(a)	issues a halal certificate in relation to any product, service or activity; or
(b)	uses any specified halal certification mark or any colourable imitation thereof,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(6) The Majlis may, in granting approval to any person to issue any halal certificate or to use any specified halal certification mark, impose such condition as it thinks fit and may at any time vary, remove or add to such condition.

(7) The Majlis may revoke or suspend its approval granted to any person to issue any halal certificate or to use any specified halal certification mark if the person fails to comply with any condition imposed under subsection (6).

(8) Any person aggrieved by any decision of the Majlis made under this section may appeal to the Minister whose decision shall be final.

Regulation of Haj services and goods

88B. The Majlis may regulate any person providing goods or services for the purposes of the Haj —

(a)	to ensure that the requirements of the Muslim law are complied with in relation to the provision of those goods or services;
(b)	to safeguard the safety and welfare of persons to whom those goods or services are provided; and
(c)	to promote the proper administration of any matter relating to the Haj.

Rules to regulate halal and Haj matters

88C.—(1) The Majlis may, with the approval of the Minister, make rules for carrying out the purposes and provisions of this Part.

(2) Without prejudice to the generality of subsection (1), the Majlis may, with the approval of the Minister, make rules for or in respect of the following matters:

(a)	to regulate the use and issue of halal certificates and the use of specified halal certification marks;
(b)	to require travel agents to obtain the approval of the Majlis to provide goods or services for the purposes of the Haj and to provide for the withdrawal of such approval in certain circumstances;
(c)	to require travel agents providing goods or services for the purposes of the Haj to maintain accounts for clients' money received in respect of those goods or services and to regulate the particulars, report and other information to be kept and furnished in relation to such accounts;
(d)	to regulate the number of persons to whom travel agents may provide goods or services for the purposes of the Haj;
(e)	to provide that any contravention or failure to comply with any of such rules shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and
(f)	to prescribe fees and charges for the purposes of this Part.

(3) For the purposes of this section, “travel agent” means a person who holds a licence granted under the Travel Agents Act (Cap. 334).”.

Amendment of section 102

18. Section 102 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:

“(3) A Kadi shall not register any divorce or revocation of divorce unless he is satisfied after inquiry —

(a)

that the parties have consented to the registration thereof; and

(b)

in the case of registration of a divorce —

(i)	that all payments of emas kahwin, any consolatory gift or mutaah and any maintenance for the wife for the period of her iddah have been paid in full; and
(ii)	that the parties have no minor children and no matrimonial home.”.

Amendment of section 139

19. Section 139(1) of the principal Act is amended —

(a)	by deleting “$500” in the fifth line and substituting “$2,000”; and
(b)	by deleting the words “6 months” in the last line and substituting the words “12 months”.

Amendment of section 145

20. Section 145(2) of the principal Act is amended by inserting, immediately after the words “charged by”, the words “the Appeal Board and”.

Amendment of First Schedule

21. The First Schedule to the principal Act is amended by inserting, immediately after paragraph 13, the following paragraphs:

“14. The financial year of the Majlis shall begin on 1st January and end on 31st December in each year.

15. This Schedule shall apply to the accounts of the General Endowment Fund, the Mosque Building and Mendaki Fund and such other accounts as the Minister may, by notification in the Gazette, specify.”.

New Third Schedule

22. The principal Act is amended by inserting, immediately after the Second Schedule, the following Schedule:

“THIRD SCHEDULE

Section 65

Financial Provisions Relating to
Trust, Wakaf, Nazar and Mosque

1. The trustees, mutawallis or management board of any trust, wakaf, nazar or mosque to which this Schedule applies, as the case may be, shall —

(a)	keep or cause to be kept proper accounts and records of its transactions and affairs; and
(b)	after the close of each financial year prepare financial statements in respect of the trust, wakaf, nazar or mosque for that year.

2. The financial statements shall, as soon as possible after the close of each financial year but not later than 6 months after the close of the financial year, be submitted to a meeting of the Majlis.

3. The accounts shall, before their submission to the Majlis under paragraph 2, be audited by an auditor to be appointed by the Majlis and approved by the Minister.

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).

5. The remuneration of the auditor shall be paid out of the funds of the trust, wakaf, nazar or mosque, as the case may be.

6. The Majlis and the auditor or their authorised representatives 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 trust, wakaf, nazar or mosque, as the case may be, 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 trust, wakaf, nazar or mosque, as the case may be;
(b)	whether proper accounting and other records have been kept, including records of all assets of the trust, wakaf, nazar or mosque, as the case may be, whether purchased, donated or otherwise;
(c)	whether the receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the trust, wakaf, nazar or mosque, as the case may be, 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 Majlis and the auditor or their authorised representatives may require any person to furnish them with such information in the possession of that person or to which that person has access as the Majlis or the auditor considers necessary for the purposes of their functions under this Act.

9. Any person who fails, without reasonable excuse, to comply with any requirement of the Majlis or the auditor under paragraph 8 or who otherwise hinders, obstructs or delays the Majlis or the auditor in the performance of their duties or the exercise of their powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

10. The Secretary of the Majlis shall, within one month after the meeting of the Majlis referred to in paragraph 2, submit a copy of the audited financial statements, together with a copy of the auditor's report, to the Minister; and in the case of any mosque, the Majlis shall also cause a copy of the same to be exhibited at the mosque.

11. The financial year of any trust, wakaf, nazar or mosque to which this Schedule applies shall begin on 1st January and end on 31st December in each year.”.

Related amendments of Act and other written laws

23.—(1) The principal Act is amended —

(a)

by deleting the word “the” in the fifth line of section 41(1) and substituting the word “any”;

(b)

by deleting the words “the President” in the following provisions and substituting in each case the words “any president”:

Sections 99(4), 101(4), 143(2) and 144; and

(c)

by deleting the words “The President” in section 100(3) and (4) and substituting in each case the words “Any president”.

(2) The enactments mentioned in the Schedule shall have effect subject to the amendments to the extent therein specified.

Savings

24.—(1) Subject to subsection (2), nothing in section 8 or 23(2) shall affect any proceedings involving matters relating to maintenance, disposition or division of property on divorce or the custody of children, where the parties are Muslims or were married under the provisions of the Muslim law —

(a)	commenced in any court before the appointed day; or
(b)	commenced in any court on or after the appointed day which relate to any order made in any proceedings referred to in paragraph (a).

(2) Section 35B(1)(b) and (c) of the principal Act shall also apply to civil proceedings commenced before the appointed day.

(3) Section 12(a) shall not apply to any decision of the Syariah Court made before the appointed day and section 55(1), (2) and (3) of the principal Act in force before that day shall apply to any such decision as if this Act had not been enacted.

(4) In this section, “appointed day” means the date of commencement of this Act.

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