Administration of Muslim Law (Haj) (Amendment) Rules 2010

No. S 577

Administration of Muslim Law Act

(Chapter 3)

Administration of Muslim Law (Haj) (Amendment) Rules 2010

In exercise of the powers conferred by section 88C of the Administration of Muslim Law Act, the Majlis Ugama Islam, Singapura, with the approval of the Minister for the Environment and Water Resources, charged with the responsibility for the portfolio of the Minister for Community Development, Youth and Sports (G.N. No. S 323/2006), hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Administration of Muslim Law (Haj) (Amendment) Rules 2010 and shall come into operation on 8th October 2010.

Amendment of rule 2

2. Rule 2 of the Administration of Muslim Law (Haj) Rules (R 6) (referred to in these Rules as the principal Rules) is amended by inserting, immediately after the definition of “accredited mutawwif”, the following definition:

“ “approved Haj year”, in relation to an application by a person to perform the Haj, means the year specified in the approval of that application as the year in which the person has been offered a place by the Majlis to perform the Haj subject to the availability of quota allotted by the Kingdom of Saudi Arabia for that year;”.

Amendment of rule 2A

3. Rule 2A of the principal Rules is amended —

(a)

by deleting the words “15 years” in paragraph (1) and substituting the words “18 years”;

(b)

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

“(1A) A person, being a citizen or permanent resident of Singapore and below 18 years of age (referred to in this Rule as the relevant person), who desires to perform the Haj, may apply to the Majlis to be registered to perform the Haj if the application is made together with an application by one of his parents, or his legal guardian, to be registered to perform the Haj at the same time as the relevant person.”;

(c)

by deleting the words “paragraph (1)” in paragraphs (2), (3) and (4) and substituting in each case the words “paragraph (1) or (1A)”; and

(d)

by inserting, immediately after paragraph (4), the following paragraphs:

“(5) It shall be a condition of the approval of an application of a relevant person under paragraph (1A), (whether or not that approval is subsequently amended) that the relevant person performs the Haj at the same time as one of his parents, or his legal guardian, as the case may be.

(6) An applicant may, at any time, apply to the Majlis to cancel his application.

(7) The Majlis may, at any time, cancel any approval granted under paragraph (3) if the applicant had, in his application, furnished any information which is false or misleading.

(8) An approval granted under paragraph (3) shall state the approved Haj year.

(9) If a person cannot perform the Haj in the approved Haj year stated in the approval granted under paragraph (3), he may apply to the Majlis to defer the performance of the Haj to a different approved Haj year and to amend the approval so granted accordingly.

(10) Where —

(a)	an application under paragraph (6) is made by the parent or legal guardian of a relevant person who has made an application under paragraph (1A) with his parent or legal guardian; or
(b)	any approval granted to that parent or legal guardian is cancelled under these Rules,

any application of, or approval granted to, the relevant person shall be deemed to be cancelled.”.

New rules 2B, 2C and 2D

4. The principal Rules are amended by inserting, immediately after rule 2A, the following rules:

“Notice to perform Haj

2B.—(1) Where an approval has been granted under rule 2A(3) to a person to perform the Haj in the approved Haj year, the Majlis shall, before the performance of the Haj in the approved Haj year, cause a notice to be served on that person to ascertain from him whether he is able to perform the Haj in the approved Haj year.

(2) The notice issued under paragraph (1) must state a reasonable time within which the person on whom the notice is served must inform the Majlis whether he is able to perform the Haj in the approved Haj year concerned.

(3) If the person informs the Majlis that he wishes to have the approval granted under rule 2A(3) cancelled within the time stated in the notice or such other time as the Majlis may allow for that particular case, the Majlis shall cancel the approval.

(4) If the person does not inform the Majlis that he is able to perform the Haj in the approved Haj year within the time stated in the notice or such other time as the Majlis may allow for that particular case, the Majlis may cancel the approval granted under rule 2A(3).

(5) If the person informs the Majlis that he is not able to perform the Haj in the approved Haj year within the time stated in the notice or such other time as the Majlis may allow for that particular case, the Majlis may, upon application by the person, defer the performance of the Haj to a different approved Haj year and amend the approval granted under rule 2A(3) accordingly.

(6) If the person cannot perform the Haj in the year that it has been deferred to under paragraph (5) or rule 2A(9), the approval granted under rule 2A(3) shall be deemed to be cancelled.

One deferment allowed

2C. Notwithstanding rules 2A(9) and 2B(5), any application to amend an approval granted under rule 2A(3) for the deferment of the performance of the Haj may only be made once.

Fee to be refunded upon cancellation of application or approval

2D.—(1) Where —

(a)	any application is cancelled pursuant to an application under rule 2A(6);
(b)	any approval is cancelled under rule 2A(7) or 2B(3) or (4); or
(c)	any approval is deemed to be cancelled under rule 2B(6),

the Majlis shall refund $190 to the person whose application or approval is or is deemed to be cancelled, as the case may be.

(2) Notwithstanding paragraph (1), the Majlis may, where it considers appropriate, refund the whole of the application fee to the person whose application or approval is or is deemed to be cancelled, as the case may be.

(3) If the person to whom the refund is to be made is dead, any sum to be refunded shall be made to the estate of that person.”.

Amendment of rule 3

5. Rule 3(2) of the principal Rules is amended by deleting “$160” in sub-paragraph (d) and substituting “$240”.

Deletion and substitution of rule 4

6. Rule 4 of the principal Rules is deleted and the following rule substituted therefor:

“Duration and renewal of approval

4. An approval granted by the Majlis to a travel agent under rule 3(5) —

(a)	shall be valid for such period as may be determined by the Majlis; and
(b)	may be renewed for such period, and on such terms and conditions, as the Majlis thinks fit.”.

Amendment of rule 9

7. Rule 9(2) of the principal Rules is amended —

(a)

by inserting, immediately after the words “approved travel agent” in sub-paragraph (c), the words “and any item of identification provided by the Majlis”;

(b)

by deleting the word “and” at the end of sub-paragraph (d); and

(c)

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

“(f)	take all reasonable measures to ensure the safety and welfare of every pilgrim.”.

Amendment of rule 12

8. Rule 12(1) of the principal Rules is amended —

(a)

by deleting the word “or” at the end of sub-paragraph (a)(iv); and

(b)

by inserting, at the end of sub-paragraph (v) of sub-paragraph (a), the word “or”, and by inserting immediately thereafter the following sub-paragraph:

“(vi)

the travel agent fails to secure the required number of minimum booking of persons for the purposes of the Haj within such deadline as may be determined by the Majlis;”.

[G.N. No. S 99/2008]

Made this 6th day of October 2010.

MOHAMMAD ALAMI MUSA

President,
Majlis Ugama Islam,
Singapura.

[MCYS 76-04-17 V2; AG/LLRD/SL/3/2010/2 Vol. 1]

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