Administration of Muslim Law (Amendment) Bill

Mr Speaker: Minister for Social and Family Development and Minister-in-charge of Muslim Affairs.

6.10 pm

The Minister for Social and Family Development and Minister-in-charge of Muslim Affairs (Mr Masagos Zulkifli B M M): Mr Speaker, I beg to move, "That the Bill be now read a Second time".

This Bill proposes amendments to the Administration of Muslim Law Act 1966, or AMLA.

Before we go into the specific amendments of this Bill, I would like to first briefly share with Members the context of the AMLA and how it supports our Muslim community.

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.

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.

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. 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.

Broadly, the amendments seek to: first, enable MUIS to better administer its functions and duties to support the Muslim community; second, enable the ROMM and SYC to adopt new digitalisation processes; and third, enhance the administrative provisions relating to SYC for more effective outcomes for families who go through a divorce.

The Ministry of Culture, Community and Youth (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.

Let me first address the amendments to enable MUIS to better administer its functions and duties.

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.

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.

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, to create a wakaf on its own; and for the WMS to serve as a community endowment fund for social and religious development.

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 Central Provident Fund (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.

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.

MUIS will enhance its recognition framework for Foreign Halal Certification Bodies, or FHCB, as part of its efforts 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.

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 assurance when purchasing and consuming halal food products.

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. 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.

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. 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. 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. 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. Mr Speaker, our Muslim institutions continuously strive to improve their service delivery and, more importantly, bring value to Singaporeans.

Recent digitalisation efforts by the ROMM and the SYC will enable them to better serve and support Muslim families. 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.

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.

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.

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.

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.

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 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. Mr Speaker, allow me to summarise the amendments in Malay.

(In Malay): [Please refer to Vernacular Speech.] In our efforts to strengthen our statutory Islamic institutions, comprising the Islamic Religious Council of Singapore (MUIS), the Syariah Court, and the Registry of Muslim Marriages (ROMM), I have presented the following amendments.

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 (WMS) to serve the long-term religious and social needs of our Muslim community. WMS is a form of giving recurring charity for the benefit of the next generation, which is a practice often carried out in Islam and was a norm for our ancestors.

The setting up of the WMS seeks to rejuvenate this wakaf spirit in the community, after the last wakaf made 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.

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 (FHCB) that have certification standards that are comparable to MUIS'.

Third, to improve the quality of Islamic religious education in Singapore by establishing a definition for Muslim religious schools that MUIS is to regulate. This is to ensure that all Muslim religious schools in Singapore, both online and physical, are properly certified.

Fourth, to strengthen the Fatwa (Legal) Committee by expanding the Committee's membership and allowing for greater discretion in considering requests for fatwas. The Fatwa Committee's efforts and resources will also be focused on fatwa requests that have a significant impact on our Muslim community.

Fifth, amendments will be introduced to support ROMM’s and SYC's efforts to strengthen the services they provide to Muslim families.

(In English): 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. Mr Speaker, I beg to move.

Question proposed.

Mr Speaker: Mr Sharael Taha.

6.29 pm

Mr Sharael Taha (Pasir Ris-Punggol): Mr Speaker, in Malay, please.

(In Malay): [Please refer to Vernacular Speech.] Mr Speaker, the proposed amendments to AMLA are important. It includes amendments that enable the Islamic Religious Council of Singapore (MUIS) to carry out its role to support the Muslim community more effectively, such as empowering MUIS to create wakafs, recognition of Foreign Halal Certification Bodies, expanding the membership of the Fatwa Committee, introducing a definition of Muslim religious school, and a clarification on unattributable contributions to the Mosque Building and MENDAKI Fund.

It also includes amendments to digitalise ROMM and Syariah Court processes, in addition to enhancing provisions to administer these two entities for a more effective outcome. As the Bill covers several important aspects, allow me to focus on two key areas, firstly, providing MUIS with powers to create wakafs, and secondly, the recognition of Foreign Halal Certification Bodies.

On empowering MUIS to create wakafs, as shared by the Minister, community funds such as zakat as well as donations to mosques and madrasahs and the Mosque Building and MENDAKI Fund, only supports the day-to-day and short-term needs of the Muslim community, including the cost of operating 72 mosques in Singapore.

We must also prepare for the needs of our Muslim community in the medium and long term. This includes making sure that our madrasahs are well funded in a sustainable manner, so that we can continue to provide quality education. Besides providing a good grounding in Islamic education, we must provide multiple development pathways for our asatizah.

This will help us nurture future religious leaders who can continue to provide guidance to our community in an increasingly complex global environment. Our future religious leaders must be adequately equipped to guide the community in navigating complex issues such as meat created in a lab that was recently given a fatwa, stem cells and ongoing social debates on current issues, just to name a few.

Hence, I support the amendments to AMLA which will enable MUIS to create wakafs to provide additional sources of funding to meet future needs of the Muslim community in Singapore. An example is the Wakaf Masyarakat Singapura whose donors comprise members of the Muslim community in Singapore, rather than an individual or a family. This means that everyone in the Muslim community can contribute, regardless of the size of contribution, towards the future needs of the community.

However, I would like to seek a clarification. While clauses 15 to 18 explain what the wakafs can be used for, and how it can be administered, this Bill does not mention any restriction on donors to the wakafs created by MUIS.

Can these wakafs accept contribution from foreign donors?

And if so, how do we prevent foreign actors from influencing the intent and direction of the created wakafs to support the medium and long-term needs of the Muslim community in Singapore?

Second, on the recognition of Foreign Halal Certification Bodies (FCHBs). Singapore relies heavily on imported food products to meet local demand.

From this perspective, it is important for any food seller or food establishments possessing MUIS halal certification to have access to a wide range of halal product supplies that meet MUIS' halal certification standards. Many of such food companies or establishments import products that bear the halal certification logo given by Foreign Halal Certification Bodies (FHCBs).

What will be the prerequisites for a Foreign Halal Certification Body to be recognized by MUIS?

Will MUIS impose requirements for regular audits to these FHCBs so that their food products continue to be certified as halal in Singapore? If so, how do we prevent this process from being excessively burdensome for MUIS, since this Bill will not involve additional expenditures? How will the proposed legal framework strengthen MUIS' jurisdiction over the FHCBs and ensure that the FHCBs meet MUIS' halal certification standards?

How will the standards imposed by MUIS on FHCBs help our halal-certified business and Muslim consumers?

(In English): In conclusion, the amendment to the AMLA is substantive, comprehensive and reflects the needs of the community. Notwithstanding the clarifications above, I support the Bill.

Mr Speaker: Deputy Leader.

Debate resumed.

Mr Speaker: Mr Faishal Manap.

6.35 pm

Mr Muhamad Faisal Bin Abdul Manap (Aljunied): Sir, I will deliver my speech in Malay, please.

(In Malay): [Please refer to Vernacular Speech.] Sir, this is the second amendment bill to AMLA within the last two years. It shows that continuous renewal efforts are needed as we live in today's fast-paced world. I welcome the diligence and hard work that was done to continue improving Singapore's Administration of Muslim Law Act (AMLA) for the benefit and progress of the Muslim community in Singapore.

This amendment Bill has several objectives, firstly, to enable the Islamic Religious Council of Singapore (MUIS) to improve its administrative work and the management of its functions and responsibilities to support the Muslim community; second, to further improve the quality of the digital processes of the Registry of Muslim Marriages (ROMM) and Syariah Court (SYC); and third, to further enhance the provisions to administer the Syariah Court in order to achieve a more effective outcome.

The Workers' Party supports this amendment Bill.

Sir, regarding the first objective, which is to enable MUIS to improve its administrative work and the management of its functions and responsibilities to support the Muslim community, it encompasses several aspects; firstly, empowering MUIS to create a wakaf; second, recognizing Foreign Halal Certification Bodies; third, expanding the membership of the Fatwa Committee as well as giving it more discretion in considering fatwa requests; fourth, introducing a definition for Muslim religious schools and also giving inspection and monitoring powers to MUIS officers; and fifth, a clarification on unaccounted contributions to the Mosque Building and MENDAKI Fund being channeled towards building mosques.

Once again, Sir, I would like to reiterate the Workers' Party's support towards the changes, improvements and enhancements that will be made. However, I have several questions that aim to seek clarifications on several clauses that will be introduced or amended so that the Muslim community in Singapore can better understand why the proposed amendments in the Bill are needed, as well as the benefits and gains that it will bring.

Sir, the introduction of section 88(A) aims to establish a framework for the recognition of Foreign Halal Certification Bodies (FHCBs). My question to the Minister with regards to this matter is, firstly, whether the Minister can give some elaboration on the existing recognition process, such as what the current weaknesses are; and also, what are the main reasons that prompted MUIS to embark on these reforms. Looking ahead, can the Minister share, in general, the framework that will be created to further reinforce the existing framework?

Sir, Section 86(A) which was also recently introduced in this amendment bill, aims to provide a definition of "Muslim religious school". Those that are referred to as "Muslim religious school" includes individuals or organisations that habitually provides Islamic instruction to 10 or more individuals physically present in Singapore and secondly, a place where 10 or more individuals are physically present in Singapore are habitually provided with Islamic instruction. I understand that these laws were made to tighten regulations over the teaching of Islam and also to empower MUIS to conduct inspections and monitoring, and also take certain actions. All these are aimed at preventing any deviant teachings.

My question on this is, why is the number 10 is chosen, and is there any specific reason?

And perhaps it may be useful for the Minister to clarify whether these 10 individuals also comprise a cumulative figure rather than just a class attended by 10 individuals at any one time. I think this clarification is important because an individual who wants to spread deviant teachings will just simply break up their sessions into nine individuals at any one time.

I would also like to seek clarification on the following situations, that is, whether they are subject to the definition of Muslim religious school'.

Firstly, would a Quran reading class conducted by an individual for children or adults in HDB residential areas that is attended by 10 individuals or more, be categorised as a "Muslim religious school" if it is held habitually, for example, weekly?

Second, what about zikir and maulid sessions which are often held at a house and attended by 10 or more individuals? Will such situations also fall under this category?

Moving on, Sir, I would like to touch on the expansion of the Fatwa Committee membership as well as granting more discretion to the Committee in considering requests to issue a fatwa. Sir, I fully welcome the expansion of the Fatwa Committee membership. I would like a clarification from the Minister on how the process of filling up this new position will be carried out. For example, does the selection of Committee members require one to make an application or will it be done only through the selection and nomination process by MUIS?

Also, can the Minister explain, what are the limitations of existing laws that requires an amendment to be made to section 32, where subsection (3) is replaced with a new subsection (3A)?

Sir, I hope that with the expansion of Fatwa Committee, this will reflect the intellectual development and growth of Muslims in Singapore.

Sir, the final clarification that I wish to seek is regarding Clause 19 that amends section 78, which provides that any contribution that is not attributable to any contributor shall be deemed to be channeled for mosque building.

My questions are as follows, one, what is the estimated yearly amount that will channeled; and two, how long has this been going on, and why was this change or amendment not done much earlier?

Sir, before I end this speech, I would like to voice my support for the changes to the Syariah Court (SYC) and the Registry of Muslim Marriages (ROMM) via the proposed amendments of several clauses in an effort to expand and improve operations as well as the powers of these two institutions. The enhancement of operations and expansion of powers will be much needed to enable these two bodies to provide effective and efficient services that keeps pace with the rapid development of society. With expanded powers and enhanced operations, it is hoped that these two institutions will be supported with the necessary resources, especially manpower resources, so that they can achieve the objectives set for them as best as possible.

Finally, Sir, I hope that the Minister can provide clarifications to the questions that I have highlighted. Sir, the Workers' Party supports this amendment Bill.

Mr Speaker: Dr Wan Rizal.

6.44 pm

Dr Wan Rizal (Jalan Besar): Sir, I rise in support of the Bill. This Bill reflects our dedication to the evolving needs of our Muslim community in Singapore.

Specifically, I wish to address the definition and administration of Muslim religious schools under the auspices of the MUIS, and how this impacts our community. As we evolve as a society, our laws and regulations must also adapt to new challenges and opportunities. Sir, in Malay, please.

(In Malay): [Please refer to Vernacular Speech.] I think we can all agree that in such egregious cases, there needs to be a balance struck somewhere, to allow offenders to have a second chance while also keeping the vulnerable protected.

I would also like to echo feedback that I have received from lawyers who regularly handled such cases, that we would need more clarity on how the assessment will be conducted and what are the criteria for an unconditional discharge.

I also hope that to be fair to offenders, there can be additional and dedicated resources provided to support offenders convicted under SEPP in their rehabilitation journey in prison.

Mr Speaker: Assoc Prof Razwana Begum.

6.49 pm

Assoc Prof Razwana Begum Abdul Rahim (Nominated Member): Mr Speaker, I stand in support of the Administration of Muslim Law (Amendment) Bill.

The Administration of Muslim Law Act (AMLA), enacted in 1968, outlines the establishment and functions of key Islamic institutions in Singapore, including Majlis Ugama Islam Singapura (MUIS), the Syariah Court and the Registry of Muslim Marriages (ROMM).

The Act also covers the administration of mosques, as well as the creation and distribution of wakafs, or Islamic charitable endowments.

Since 1968, this Act has been amended several times, most recently in February 2022 when provisions governing the operation of statutory Muslim institutions were modernised.

Mr Speaker, the proposed changes to this Act successfully balanced the evolving Singaporean socio-religious landscape with existing and long-standing Islamic law, principles and practices. Maintaining this balance respects Muslims as individuals and Islam as a faith, and enhances the well-being of both the Muslim community and Singapore society as a whole.

Mr Speaker, I would now like to make some brief comments about five matters of interest arising from this Bill. However, before I do so, I would like to note that I am Vice-President of Persatuan Pemudi Islam Singapura, or the Singapore Muslim Women’s Association.

Mr Speaker, my first comments relate to the proposal to allow MUIS to create and distribute wakafs, or Islamic charitable endowments. This proposal is both positive and significant. By directing wakaf funds strategically, we can address pressing needs in education, healthcare and social services, thereby benefiting both donors and beneficiaries and enhancing the overall well-being of the Muslim community. The proposal is also aligned with the Forward SG strategy, which focuses on collective responsibility and developing a kind, compassionate and caring society. Enhancing and supporting wakaf, and providing opportunities to contribute to the community, both empower Muslims and allow them to act consistently with their faith.

Mr Speaker, I do, however, have some comments about the targeted disbursement of wakaf funds.

Wakaf is an Arabic term meaning "to stop, contain or to preserve", and, traditionally, the returns from the wakaf structure are disbursed according to the wishes of the individual or family making the donation.

Mr Speaker, under the proposed amendments, new power is given to MUIS to create any wakaf. These wakaf funds will be held collectively by MUIS, and the returns are then distributed by MUIS according to perceived community need, thereby making disbursements according to the wishes of the donor difficult.

To address this situation, may I suggest we develop wakaf accounts dedicated to specific causes, such as education or healthcare or targeted at specific social service sectors, such as those working with children or women, thereby allowing individuals and families to donate to a cause of their choice, and to know that their donation will be distributed in accordance with their wishes.

This targeted approach would also facilitate easier access to funds for entities, such as mosques or social service agencies, and would preserve the traditional and religious objectives of wakaf, and also remain responsive to evolving cultural and social dynamics.

Mr Speaker, I also have some comments about the potential overlap between wakaf and zakat collections. Unlike zakat, which is a requirement for all Muslims, wakaf is not compulsory. Accordingly, the frequency and level of wakaf donations will fluctuate over time.

As wakaf funds held by MUIS are managed like other investments, thereby exposing them to market risks, I seek clarification about the strategies MUIS has in place to navigate market fluctuations, safeguard returns on investments and secure the long-term sustainability of wakaf. I also seek clarification about the strategies MUIS has in place to ensure the effective, accountable and transparent governance and administration of the wakaf system.

Mr Speaker, my second set of comments relate to the proposal to authorise MUIS to recognise Foreign Halal Certification Bodies (FHCBs). While this amendment offers Muslim consumers more choices and stimulates competition, there is currently no prohibition on the import and sale of products from halal certification bodies not recognised by MUIS. As this may result in confusion among consumers, perhaps it might be helpful for MUIS to undertake a community education campaign informing consumers about the FHCBs recognised by MUIS and those that are not. This would allow consumers to make informed choices over the halal products they purchase that are consistent with their dietary and religious preference and obligations. It may also be helpful for MUIS to develop an app, similar to MuslimSG, to assist consumers to identify FHCBs recognised by MUIS.

Mr Speaker, my third set of comments relate to the proposal to expand membership of the (Fatwa) Legal Committee. The proposal to expand the Legal Committee to allow for better representation of the Asatizah fraternity will enhance the expertise of the Committee and, therefore, the capacity of the Committee to decide and respond to queries and provide informed fatwa rulings. I do, however, have some comments about this matter.

Mr Speaker, MUIS is the leading authority in providing guidance to all Muslims and it is heartening to note that MUIS continues to take positive steps to connect and unite the Muslims in Singapore. With their targeted programming and engagement, the needs of the Muslim community are met.

Singapore's Muslim community is diverse. While the majority are Sunni Muslims of Malay heritage, most of whom follow the Shafi'i or Hanafi school of thoughts, there are also Muslims with Indian heritage, as well as converts and migrants from various parts of the world.

This diversity is testament to Singapore's acceptance of all faiths and adds significantly to the rich socio-religious fabric of Singapore. It also supports the need to expand the Legal Committee, so as to reflect and respond to an evolving community of Muslims facing ever-changing questions about Islamic practice.

As noted by the Singapore Mufti, Ustaz Dr Nazirudin Mohd Nasir, at the appointment of the most recent Fatwa Committee, and I quote: "…in providing guidance for current and future issues, there should be a fresh application of Islamic traditions to contemporary issues. The Committee should also deliberate on moral and ethical considerations and look at longer-term implications. This approach will further empower the Committee to produce innovative, progressive and contextualised fatwas for the Muslim community to lead their religious lives confidently".

Mr Speaker, it is important that membership of the Legal Committee continues to reflect the contemporary needs of Singapore's Muslim community and to address the breadth of issues faced by the community. Accordingly, the proposed expansion is a positive step and will ensure that the Legal Committee authentically mirrors the richness and diversity of Singapore's Muslim population.

As we continue with this expansion, I seek clarification about steps taken to ensure the continued selection of qualified Asatizahs with the expertise and knowledge needed to address all issues raised by the Muslim community.

Related, I also seek clarification about how the Committee actively seeks and encourages submissions and feedback from all members of Singapore's diverse Muslim community and how these submissions are responded to in a timely and respectful manner.

It is important that the Committee is accessible to the Muslim and broader community, and that community members have confidence that their submissions will be received, considered and responded to in a timely, transparent and equitable manner.

Mr Speaker, my fourth set of comments relate to the definition of Muslim religious schools and inspection powers for MUIS officers.

Mr Speaker, Muslim religious schools, like all other schools, have a responsibility to educate and impart knowledge accurately. For children especially, the school environment should be one that makes them comfortable and safe, and, while at school, they should be taught a standardised, relevant and approved curriculum and not be exposed to any form of abuse or harm.

And just like all other schools, teachers within Muslim religious schools need to be people who are safe to work with children and adults, and are suitably qualified to teach their subject area.

By developing a common definition of Muslim religious schools, we are able to strengthen the trust of individuals, parents and the broader community, so that they are clear about the approval process, what is being taught, how it is being taught and who is doing the teaching.

I do, however, seek clarification about the policies and procedures MUIS and/or the Ministry have to ensure that all Muslim religious schools meet all required accountability and quality standards and, in addition, what those standards are.

Mr Speaker, in Singapore, we currently have the Asatizah Recognition Scheme (ARS). The scheme applies to anyone providing Islamic instruction to one or more persons who are not members of his or her family, and was established in 2017 to enhance the standing of religious teachers and to serve as a credible source of reference for the Singapore Muslim community.

Mr Speaker, I understand that MUIS has established a comprehensive training framework for the accreditation and renewal of those on the ARS scheme in the form of Continuing Professional Education. I welcome this initiative by MUIS. However, I seek clarification about the content in the training framework that covers contemporary issues facing the Muslim community and the best way to respond to these issues in a sensitive manner. Additionally, I seek clarification about the content in the training framework that covers working with children in an age-appropriate manner.

Mr Speaker, it is also critical that students in Muslim religious schools are not exposed to inappropriate or extreme ideas or ideologies. This, however, is sometimes difficult when considered against personal definitions of inappropriate or extreme; differences of opinion within Islam about what is correct, and the right of people to share personal views with friends or family. Accordingly, I seek clarification about how the proposed amendments manage this balance, particularly with respect to at-home, private, religious education.

Mr Speaker, my fifth set of comments relate to the digitalisation of ROMM and Syariah Court. Mr Speaker, in the era of increasing technological advancement, the proposed digitalisation of marriage and divorce processes presents a paradigm shift in how we approach these significant life events.

The advent of digitalisation promises convenience and efficiency in managing marriage and divorce procedures, and online accessibility to documents can simplify the process, making it more user-friendly. Some clients of Syariah Court have, however, expressed concerns about difficulties navigating the system, particularly in filing and retrieving online documents.

Accordingly, I seek clarification about how the proposed digital system address user experience challenges, and ensures a seamless process for all clients?

While the move towards online solemnisation offers flexibility, it also raises important questions about the default mode of solemnisation. This is an important issue, specifically for selected groups of individuals. One significant concern is how to prevent verification errors, or, worse, instances of scamming.

For transnational couples, there are also questions about the recognition of digital certificates from countries other than Singapore. This is an important issue, given the need to ensure the validity of digital documents across international borders.

Mr Speaker, when a marriage breaks down it is often a difficult time for everyone involved, including children. The introduction of an online divorce system is progressive, and aims to ease the process and support the couple with their application. The system may also be of particular benefit to individuals experiencing family violence, as it offers a discreet and accessible avenue for seeking legal remedies. However, it is important to address the unique challenges faced by individuals in such situations.

With use of technology, the human aspect is maybe missed. It is therefore important that, as we move towards expedient digital processes, there are mechanisms in place to provide additional support for affected individuals, including those impacted by trauma often associated with family violence.

Furthermore, there should be an emphasis on educational resources to enhance couples' understanding of the online divorce system, ensuring that victims are empowered with the knowledge needed to navigate the process and make informed decisions about their future. This holistic approach will not only streamline divorce procedures, but also prioritise the well-being and safety of individuals facing family violence.

Mr Speaker, my final set of comments related to Syariah Court’s administrative provisions. In recent years, Syariah Court has commendably prioritised the best-interests of children. The proposed judge-led approach accelerates this commitment and empowers judges to proactively initiate support for individuals experiencing trauma due to divorce and facilitate a swift and smooth dissolution of marriage.

This model aims to expedite the exit from conflict zones, enabling individuals to move forward and rebuild their lives with support from community agencies. This is undoubtedly a commendable step, but as we navigate this paradigm shift, we need to be mindful of potential issues faced by the community.

Mr Speaker, it important to ensure a supportive and empathetic environment throughout the process. The judge-led approach aims to further strengthen the emotional and psychological well-being of individuals undergoing trauma during divorce.

Related, I seek clarification about whether these provisions within the judge-led model to expedite the dissolution of marriage to minimise the prolonged emotional distress for individuals involved, while still ensuring a fair and just legal process?

As we move towards providing support throughout the process, it is equally important to remember after-divorce support. Perhaps the judge-led model could efficiently connect individuals with relevant community services, ensuring a seamless transition post-divorce.

Finally, with regards to the Syariah Court's jurisdiction and powers in respect of ancillary orders, would the Ministry consider provision for children with disabilities even as they turn 21 years of age.

In conclusion, these amendments signify our commitment to an inclusive, adaptable, and responsive legal framework for the Muslim community in Singapore. The amendments, particularly those related to wakaf, recognition of Foreign Halal Certification Bodies, definition of Muslim religious schools and expansion of the Legal Committee collectively reinforce the idea of a dynamic legal framework.

This framework not only respects religious teachings but also encourages independence of thought, decision-making and contributions to the greater good of both the Muslim community and Singapore as a whole. As we embrace these challenges, we strengthen the fabric of Singapore's harmonious society, where each community is valued and empowered to contribute to our shared prosperity.

Mr Speaker, clarifications notwithstanding, the proposed changes will strengthen the existing framework, and support the development of our Muslim community, and I conclude in support of the Bill.

Mr Speaker: Mr Louis Ng.

7.06 pm

Mr Louis Ng Kok Kwang (Nee Soon): Sir, this Bill will allow foreign halal certification bodies to be recognised, give the MUIS Legal Committee more discretion to consider a fatwa request and strengthen the administration of Muslim religious schools.

I thank the Ministry for holding a public consultation in preparation for this Bill.

I have three clarifications to raise.

My first clarification is on the Legal Committee’s process for considering a request and preparing a ruling. The new section 32(3) requires the Legal Committee to consider every request for a ruling unless the request is frivolous. Section 32(3A) provides that the Legal Committee may prepare a ruling on the request if it is appropriate or necessary. Can the Minister clarify the procedure and timelines for the Legal Committee to consider a request and to prepare a ruling?

I have seen resident cases where these rulings are required for Court application. In one case, the request was submitted in August 2023. The resident was informed that the Legal Committee may take one or two years to provide an opinion. The resident was informed that this is because of the volume of requests that the Legal Committee has to handle.

Can the Minister share if the Legal Committee are expected to prepare their ruling based on any standards of timeliness? If so, what are these standards? Are there any plans to review the workload of the Legal Committee and the functioning of the Legal Committee to see how such requests can be more effectively managed?

My second clarification is on the recognition of foreign halal certification bodies. MUIS’ halal certification is well known and trusted. To ensure that equally stringent standards continue to apply to halal food sold in Singapore, can Minister share what are the considerations for deciding whether to grant recognition to a foreign halal certification body?

Given that the halal certification is happening overseas, what special steps will MUIS take to ensure that the standards hold up to local halal certification standards?

My third clarification is on the oversight of Muslim religious schools. The new section 86A inserts a definition of "Muslim religious school".

The Majlis are empowered to set rules on these schools, including on how they provide Islamic instruction "online or remotely through electronic means." The Majlis may also make rules for the oversight of Muslim religious schools including the powers to inspect, to obtain information, to gain access to any computer or online account, and to examine any record.

In a situation where Islamic instruction is provided in virtual meeting rooms and the virtual meeting room is hosted on a remote server outside of Singapore, can Minister clarify how these oversight and inspection provisions will apply?

Notwithstanding these clarifications, I stand in support of the Bill.

Mr Speaker: Dr Syed Harun.

7.09 pm

Dr Syed Harun Alhabsyi (Nominated Member): Thank you, Mr Speaker. In delivering my comments for this Bill, especially in the context of the proposed amendments relating to wakaf, I wish to declare that I am President of Lembaga Biasiswa Kenangan Maulud, which is an Institution of Public Character, a community organisation and charity that supports education of students in need and those who come from underprivileged communities.

Mr Speaker, AMLA is a significant piece of legislation in Singapore that governs matters related to Islamic religious affairs for the Muslim community and establishes the legal framework for the administration of Muslim law and the regulation of Muslim religious institutions in Singapore.

It gives guidance on the establishment of Islamic institutions and religious schools, and appointment of key religious figures within the community, addresses the administration of Muslim Law through our Syariah Courts and supports the need for Muslims to manage religious matters relating to Zakat, wakaf, Hajj and halal matters – among other things.

I have clarifications relating to three areas of the Bill – wakaf, Meaning of Muslim religious schools and Foreign Halal Certification Body.

First, on wakaf, I have two clarifications in relation to the proposed section 58(3A), on the proposed wakaf to be created by the Majlis. I am concerned about the accessibility of the wakaf created by the Majlis to community organisations. Where aligned with the intent and purposes of the wakaf, could community organisations and societies serving for the development of Islamic teachers, mosques, madrasahs and socio-religious programmes and initiatives to uplift the Muslim community and the under-privileged make applications as well for funding available through the wakaf? This would give assurance to the community that this wakaf contributed by the people would and could be accessible to its intended recipients not only through programmes by the Majlis, but also through community organisations and societies serving the same.

Secondly, I am also concerned about where the oversight and supervisory powers of the wakaf would lie. Where the Majlis has the power to remove and appoint trustees and mutawallis relating to wakafs created by others, may I clarify that in the instance where the Wakaf itself is now created by the Majlis and it is now appointed trustee to this wakaf, what is the intended supervisory structure to ensure governance and compliance to the intent of this wakaf, and whether should this be enshrined within AMLA as well?

Second, Mr Speaker, in relation to the proposed section 86A, on the meaning of Muslim religious schools, I have a clarification on the definition and meaning of Muslim religious schools.

The stated definition of Muslim religious schools, taking reference from sections 2 and 86A together, are that such schools could also be defined as a person that habitually teaches Quranic recitation, Quranic literacy, Tajwid, Fardh ‘ain and other religious sciences which include, but are not limited to Aqidah, Tafsir, Fiqh and Hadith.

In many Muslim families, such Islamic instruction, habitually or otherwise, is seen as part of family upbringing and a way in which to imbibe and inculcate values to their young. Many see it as basic tenet of parental or familial responsibility, and one that does not necessarily need formal instruction nor be certified to do so as is the case in formal Islamic instruction in religious schools. Often, these cover very basic aspects of religion and the way of life of a Muslim within their families and I also imagine this to be a universal approach in many families practising their respective religious faiths, Muslims or otherwise.

This particular definition of the proposed section that a person could be defined as a Muslim religious school, and be subjected to the rules, powers and controls vested to the Majlis, appears potentially intrusive to the Muslim family unit.

This definition of Muslim religious schools also may entangle parents, or grandparents as the case may be, who want to reach out to their family members, teach values organic to a Muslim family, including very basic areas of Quran literacy and recitation, or values related to the Islamic creed and practice.

In fact, as a young child, my own ability now to be able to read Arabic script and the Quran was the result of habitual Islamic instruction from my elderly grandmother on a regular basis, and this is something which I would not consider as coming close to a definition of a Muslim religious school requiring regulatory oversight.

Could I clarify the intent of including the word "person" as part of the definition of Muslim religious schools, and whether this definition could be nuanced and clarified further to ensure it is not intrusive to, and inadvertently implicate, well-meaning families –and these could be very large families, more than 10 members – that wish to continue their tradition of teaching basic Islamic values habitually within the household?

Third, Mr Speaker, in relation to the proposed section 88AA, on the Foreign Halal Certification Body, as the market for halal certification continues to grow internationally, so too does the proliferation of FHCBs many of whom take example from the professionalism that MUIS has established over decades in halal certification experience.

In total, as of 15 January 2024, I note, on the MUIS website, that there are 99 entities registered on the list of FHCBs recognised by MUIS, including state halal authorities and private entities. In this regard, the inclusion of section 88AA into AMLA is timely and important.

To this end, I have two clarifications. First, may I clarify if the proposed amendments of section 88AA (6) are limited to the misuse of halal certificates and marks relevant to FHCBs only registered and recognised by MUIS, or would these cover all FHCBs, even those that are not currently recognised in MUIS' list?

If the latter is not covered, my view is that members of the public should also be protected against the use of halal certificates and marks from unrecognised FHCBs and even more so, because they can be misleading and in the first instance, arise from FHCBs that MUIS has not formally endorsed.

Second, may I ask what are the safeguards and extent of oversight that MUIS has over recognised FHCBs to the extent that one can ensure that these FHCBs, especially private FHCBs, upkeep their standards of halal certification overseas and are not compromised as a result of cost and profit pressures? These safeguards would be an important assurance for members of the public to ensure that sources of food certified halal, locally or overseas, remain trusted for consumption.

Mr Speaker, notwithstanding my comments and clarifications, I support the proposed amendments to the Bill.

Mr Speaker: Mr Zhulkarnain Abdul Rahim.

7.17 pm

Mr Zhulkarnain Abdul Rahim (Chua Chu Kang): Mr Speaker, Sir. I rise in support of the Bill. I firstly declare that I am a lawyer with an active practice in the Syariah Bar. I am also a panel counsel for MUIS.

I welcome the amendments to AMLA. I also acknowledge the comprehensive consultations that have been conducted by the Ministry of Law, not only with the public but also legal practitioners, particularly in the Syariah Court bar including those from the Muslim Law Practice Committee (MLPC) of the Law Society of Singapore. It is through these engagements and consultations that we further improve not only the access to justice but also bring greater efficiency to the Syariah Court proceedings. The amendments also bring greater ease of use through the digitalisation of the marriage certificate in the ROMM and the legislative infrastructure to support the enactment of the Singapore Community Wakaf, or the Wakaf Masyarakat Singapura (WMS). These three aspects will be the focus of my speech.

Firstly, I welcome the amendments to introduce the digital Certificate of Marriage. The Certificate of Marriage has been an important symbol that marks a significant milestone in the life journey of a married couple. With the digital Certificate of Marriage for Muslim marriages, the signatures of the Muslim marriage solemniser, the marrying parties and their witnesses are no longer required, given the unique and secure identification through Singpass. In my Court experience, some couples undergoing divorce may face issues locating their own hard copies of Marriage certificate or there are even instances where one party withholds possession of the certificate from the other. This digital certificate will help prevent these situations.

I have, however, some questions. I thank the Minister for stating that the digital Certificate of Marriage does not undermine any of the other requirements of solemnisation and the institution of Muslim marriages. However, ROMM still needs to conduct some due diligence, notwithstanding the digitalised process.

How will the Kadi and Naib Kadi assess that the couples are ready for marriage? Can the Minister please clarify what are the safeguards to ensure that the digital database and the digital Certificate are secure against against any tampering, personal identity theft and breaches of cybersecurity? For couples who wish to have a physical memento of their marriage, will ROMM continue to provide a hard copy of the Certificate of Marriage to them?

In this House, I have previously raised issues on implementing a specific dispute resolution mechanism for wakaf in Singapore. This will be beneficial to bring confidence in the utilisation or adoption of wakaf instruments generally and for the WMS specifically.

Presently, any disputes relating to wakaf or removal of mutawalli goes to the High Court. In the case of Valibhoy vs Valibhoy, the High Court held that the jurisdiction and power to manage a wakaf including the removal of a mutawalli and appointment of trustees of a wakaf lay exclusively within the purview of MUIS. On the facts of that case, the High Court did not exercise its residual inherent jurisdiction and attendant powers of the Court over the wakaf.

However, that does not mean that similar disputes may not arise in the future. This brings a unique opportunity for the Syariah Court to be the forum for any such disputes to be the heard through a dispute resolution framework for wakaf, which may include the concept of mediation or arbitration. This would ensure that the correct expertise will be provided and would also allow for matters relating to religious issues and wakaf to be dealt with sensitively and confidentially.

I have some clarifications on the amendments in relation to wakaf. For WMS or wakaf created by the Majlis, who would be the mutawalli? Will the Majlis appoint the mutawalli for the WMS in the Gazette or Rules? Will the Majlis itself be the trustee of the wakaf?

This is important because the new section 58(5A) states that certain obligations do not apply if MUIS is the trustee of the wakaf and no mutawalli has been appointed by MUIS. I would be grateful if Minister can clarify who will be the intended trustee of the WMS – whether it will be Majlis itself or another party.

Lastly, I move on to the amendments to the Syariah Court jurisdiction and procedure. The expansion of jurisdiction of the Syariah Court in section 35(ca) now includes custody, care and control, access or maintenance of minor children on divorce or nullification of marriage. Traditionally, the Family Justice Court hears issues of maintenance of children until the age of 21 even after divorce, and this is established both in practice and caselaw.

In a recent decision, the Syariah Appeal Board held that proceedings in the Syariah Court do not and will not deal with children’s maintenance, and whoever wishes to commence such proceedings shall be referred to the Family Justice Court. Hence, if the Syariah Court jurisdiction now covers “maintenance of minor children”, what will be the process for applying for such maintenance? Will it apply to post-divorce couples? And what resources will be provided to the Syariah Court to handle maintenance applications for minor children? And will these affect pending applications for maintenance currently in the Family Justice Court?

Next, on the proposed section 36B, which involves applications that will likely have an adverse effect on a child’s welfare impending proceedings, what is the legal test and/or standard for “will or is likely to”? What are the factors to be considered? Further, how will the Syariah Court be better supported and resourced in order to hear such applications expeditiously?

I welcome the amendments to ensure that the Syariah Court has the powers to address the immediate needs of the family in a judge-led approach. I would like to ask if there are specific trainings for the Syariah Court judiciary and registry to transition to this judge-led approach? Would this also extend to interim orders or injunctions that the Court can order?

For instance, in the case of TMO v TMP, the Syariah Court refused to grant an order for division of matrimonial assets because it did not have jurisdiction under AMLA since the Syariah Court did not decree the divorce. The parties had to go to the Family Justice Court and the Civil Courts. The Court of Appeal held that it retained residual jurisdiction over matters not falling within the jurisdiction of the Syariah Court, in order to avoid a legal vacuum. An amendment to AMLA to empower the Syariah Court to make decisions on such issues like these will help Muslims from having to go to two different, separate Courts, which will be both time-consuming and costly. In Malay, Sir.

(In Malay): [Please refer to Vernacular Speech.] In conclusion, Mr Speaker, the amendments to AMLA are steps in the right direction to provide access to justice in a more equitable and efficient manner. In addition, it ensures that we have the best platform to support the enactment of a Bill to create the Wakaf Masyarakat Singapura (WMS) so that we can leave a lasting and beneficial legacy for many generations to come.

In particular, I welcome the amendments that will help encourage the spirit of giving within our community through the wakaf.

Wakaf is ingrained in our community's religious tradition and history as initially demonstrated by our pioneer philanthropists in the past. They have set up various wakafs that continue to benefit our community until today.

These amendments are key in providing us with the necessary legal foundation to ensure that the Wakaf Masyarakat Singapura can be successful and garner support from everyone within the community.

As the holy month of Ramadan will be upon us in about a month's time, let us nurture the habit of giving and rekindle the spirit of the wakaf within our community to help those in need through perpetual traditions like the wakaf.

I end my speech with a Malay quatrain:

Preparing a tray to serve food;

The laden tray feels much heavier;

The community wakaf is something good;

Bringing benefits in this world and the Hereafter.

Mr Speaker: Minister Masagos.

7.26 pm

Mr Masagos Zulkifli B M M: Mr Speaker, I thank Members who have risen in support for this Bill and I note that the Worker’s Party has done the same. This enables our statutory Muslim institutions to meet the evolving needs of our community. Let me address the issues as much as I can, as raised by the Members.

I am heartened by the strong support from Members and the community to empower MUIS to establish the Wakaf Masyarakat Singapura (WMS).

Mr Zhulkarnain Abdul Rahim raised several questions about the WMS and how MUIS would manage wakaf.

Let me explain. The WMS is unique as it will be the first multi-asset wakaf created by MUIS where voluntary contributions from all members of the Singapore Muslim community can be received. All members, whether you are rich or poor, you can do it. These can be in the form of cash, property or CPF nominations.

The WMS will be supported by collective community contributions and used for collective purposes. It is unlike traditional wakaf, which are created by individual Muslims and bequeathed for specific purposes as designated by the contributors. The WMS will also complement existing wakaf that have been created for specific causes such as education, which Assoc Prof Razwana had suggested.

We want the WMS to build a sizeable corpus, such that its long-term returns can benefit the larger community and be flexible enough to meet the evolving socio-religious needs of our community over time in the future. Muslim individuals who wish to contribute to specific causes may still set up their own wakaf and enliven this wakaf spirit. As with all wakaf in Singapore, the WMS will be vested in and administered by MUIS under the AMLA.

To Dr Syed Harun’s question, MUIS will appoint a mutawalli once the WMS has been vested and the corpus has been built. The mutawalli will then manage the wakaf in accordance with the rules, terms and conditions required by MUIS.

The WMS is a wakaf by the community and for the community. Who will benefit the WMS benefit?

In its first instance, the returns from the WMS will be used to sustain our religious institutions, develop our asatizah fraternity, and empower our Singapore Muslim community.

Over the next 30 years, many of our mosques and madrasahs will face land lease renewals. The WMS will enable the community to prepare early for these growing needs by harnessing our collective resources in the here and now, instead of having to find funds to meet very sizeable requirements only when they are due. The WMS will therefore augment the existing Mosque Building and MENDAKI Fund, or MBMF, to support the large capital expenditure needed to fund the various land lease renewals, redevelopment and upgrading, as well as to develop new mosques.

The WMS will also support efforts to develop and professionalise our asatizah fraternity and nurture competent religious leaders, who are able to guide the community through challenging and contemporary issues.

WMS will serve as a reserve fund to support the community in moments of need, such as during severe national crises like the COVID-19 pandemic. We will take the cue from the use of our national Reserves to assess when our community can use the reserve fund and when it is critically needed to enable our religious institutions to support the community.

I thank Dr Syed Harun for his suggestion on whether the community organisations serving purposes aligned to WMS will be able to tap on the fund. We will study it further in consultation with MUIS and the MUIS Council, our Malay/Muslim community organisations and the broader public.

I agree with Mr Sharael Taha and Assoc Prof Razwana Begum that MUIS must ensure proper governance of WMS and this is what the Bill will require MUIS to do. As with other wakaf, the WMS must be audited as a matter of public accountability and its financial statements published in MUIS' annual reports. So, they will be presented to Parliament and we can scrutinise them.

The WMS will be held to stringent standards, with clear rules governing its administration. This will give the community confidence that their contributions will make a real and positive impact.

The wakaf funds are primarily placed in property and low-risk investments that can reap a steady income stream whilst preserving its corpus. As an Islamic endowment fund, MUIS is guided by the Fatwa Committee and the MUIS Investment Committee to ensure that the investments are permissible and that the wakaf objectives can be met. All contributions to a wakaf, including WMS, will have their proceeds distributed in accordance with the wakaf's objectives.

Therefore, the contributors will not be able to alter or direct the intent and direction of the wakaf. That is what wakaf means. One cannot change it. This ensures that wakaf are used for charitable and socio-religious purposes that it was originally intended.

I thank Mr Zhulkarnian Abdul Rahim for his suggestion to set up a dispute resolution framework for wakaf. Just like other wakafs, any disputes relating to the management of WMS after a mutawalli has been appointed will be managed through the wakaf dispute resolution framework, comprising mediation and inquiry processes institutionalised by MUIS.

Let me now turn to the proposal to improve the quality and delivery of Islamic religious education, which Members agreed is an important issue.

The nature of Islamic religious education and Muslim religious schools have changed dramatically since AMLA was first enacted in 1966. In fact, we have more qualified teachers amongst us than we had before, people who went to schools overseas and are graduates of esteemed Islamic universities.

Religious education also no longer takes place only in a physical school or setting but has also expanded to online platforms and channels. The AMLA, therefore, needs to be updated to reflect these changes.

We need to ensure that religious teachings communicated through various platforms are appropriate for a contemporary and diverse society.

Hence, we must continue to strengthen MUIS' administration of our Muslim religious schools, to preserve the high level of confidence that the community places in them.

Dr Wan Rizal asked how the proposed definition of religious schools will impact Islamic religious education in Singapore. Assoc Prof Razwana Begum asked how MUIS ensures that Muslim religious schools meet quality standards, and Mr Faisal Manap asked where the 10 comes from and how do we define what makes 10.

First, Islamic education in Singapore must be delivered by individuals who are certified under MUIS' Asatizah Recognition Scheme, or ARS. This applies also to Quran teachers. They are under the second level, ARS II. This will ensure that our community has access to proper religious guidance from accredited and qualified religious teachers who possess a good understanding of Islamic values and principles and who are attuned to Singapore's context. Indeed, we should give opportunities to our qualified religious teachers to be the one guiding us because they are not just qualified, they are accredited and they are well-placed to lead us whether it is in Quran reading or religious guidance and we need not go to other secondary sources, more so those from overseas.

Second, any individual or organisation seeking to offer religious instruction habitually to at least 10 other individuals physically present in Singapore – that means, together, not one at a time, 10 together, up to 10, would have to register as a Muslim religious school with MUIS, under its current Islamic Education Centres and Providers, or IECP, scheme.

To Mr Faisal Manap's "why 10?", this ensures that our definition of a Muslim religious school is in line with the broad understanding of what a school is defined in other legislative Acts. We are taking a leaf from other legislation to make sure that we are consistent. IECPs, therefore, must submit their school curriculum, syllabus and learning materials for verification and quality assessments.

Third, the provisions will encompass both online and in-person instruction. They apply to individuals and organisations based in Singapore and who are conducting online religious classes for 10 or more individuals also physically present in the country.

To Mr Louis Ng's question, these provisions will cover virtual rooms if the individuals attending the classes are physically present in Singapore.

Fourth, MUIS ensures that Muslim religious schools offer quality education by conducting periodic audits on these institutions and their teachers, and this is important for our community. For example, ARS-registered teachers have to complete a Continuous Professional Education programme of a prescribed number of hours, to be in touch with the latest development, to be in touch with one another and also with our senior religious teachers. They cover modules, such as the Code of Ethics, Contemporary Islamic Thought and Modern and Prophetic Pedagogy.

Taken together, the robust ARS-registration system, comprehensive asatizah training and the strong IECP regulatory framework seek to uphold the quality delivery of our religious education which means that, if we do this right, then our understanding of Islam, will be well-guided, moderated and also, always in touch with those who are qualified.

That said, I would like to urge our Muslim community to exercise due diligence and seek religious instruction from credible sources, and, in particular, refer to our ARS-certified teachers to better guide ourselves and our children on religious matters and education.

I thank Dr Syed Harun for also raising the issue of whether this amendment would affect private religious sharing, especially within the context of the family. I would like to clarify that this amendment aims to better regulate Islamic religious education in Singapore, specifically by religious schools or other individuals and entities that provide religious instruction. It is not intended to regulate the private and personal sharing of religious views and opinions between individuals, friends, family members or colleagues or, as Mr Faisal Manap puts it, zikir sessions, or sessions where you are not imparting religious instructions. So, it does not apply to all these. So, you can keep teaching your children. It is okay. Members can teach their children at home. It is alright.

I would now like to turn to Mr Louis Ng's question about fatwas or religious rulings which play an important role in the life of our Muslim community and may be requested by members of the community for the purpose of Court proceedings. The issues raised to the Fatwa Committee today are increasingly complex, demanding detailed research and consultations to ensure that the opinions issued by the Committee are rigorous and sound. The amendments will allow the Committee to tap on a wider range of expertise within the asatizah fraternity to facilitate deliberations.

Assoc Prof Razwana asked how MUIS selects the Fatwa Committee members, so did Mr Faisal Manap. Can someone apply to be a Fatwa Committee member? MUIS undertakes careful consideration in assessing an individual's capability and expertise and appoint them to the Fatwa Committee. So, it is by appointment.

Since 1990, the Committee has appointed local religious scholars as associate members, thereby enhancing the depth of discussions and providing a training platform for those who may potentially serve as Committee members in the future. So, there is already a process to induct new, even young azatisahs, to get them to understand the fatwa process and, over time, when they qualify and have depth and a grasp of the religion to apply in context, they can be appointed to the Committee.

While the Fatwa Committee seeks to address issues in a prompt and timely manner, the time taken for an opinion to be issued may vary, depending on the complexity of the issue.

With the amendment, the Fatwa Committee will be empowered to decide whether there is a need to issue a fatwa based on the request received. This ensures that the Committee's resources will be focused on matters that require its attention and, in the long term, ensure that requests can be met in a timely manner. So, we have to clear the backlog first and to reduce the number of frivolous fatwas that have been asked all this time.

Should there be complex or urgent matters to be addressed, the Committee will convene meetings more frequently to deliberate on the issues. I would like to emphasise that not all religious queries warrant a fatwa, even when you ask for one. It may not warrant a fatwa, particularly when comprehensive guidance already exists in established sources, such as the religious guidance, or irsyad, issued previously by the Office of the Mufti.

I would now move to halal products. Members have also supported the establishment of a framework to recognise FHCBs. This is a positive development, given that Singapore relies heavily on imported food products, some of which would bear the marks of these FHCBs.

To Mr Mohamed Sharael Taha, Mr Louis Ng, Dr Syed Harun's questions and to Mr Faisal Manap's questions, too, MUIS' recognition of FHCBs will help our halal-certified food establishments identify halal products from overseas and strengthen their halal regime. This ensures that all food products used in such establishments, including those that are imported, meet MUIS' halal certification standards. So, MUIS already has these standards and they have to meet those standards.

FHCBs will then be subjected to a rigorous assessment to ensure that their halal standards are comparable with MUIS' standards, in order to be granted recognition by MUIS. This includes assessing whether the FHCBs are certifying meat or poultry products from source countries approved or accredited by the Singapore Food Agency and the FHCBs are adopting ISO principles or equivalent standards in their halal certification management systems.

Here is the process, amongst others.

First, FHCBs will have to undergo mandatory training and assessment to ensure that they are able to comply with Singapore's halal standards and requirements. During the three-year recognition period, these FHCBs will be placed under MUIS' audit and surveillance regime. FHCBs that fail to comply with MUIS' requirements could be suspended or delisted from MUIS' recognition list and their certified products cannot be used by MUIS' halal-certified companies.

To clarify Dr Syed Harun's query, the amendment is limited to the misuse of halal certificates and marks of MUIS-recognised FHCBs. This will help serve as an added incentive for FHCBs to seek MUIS' recognition. We will work with MUIS and industry partners to study the Member's suggestion on how we can further protect our Muslim consumers against the misuse of FHCB marks and certificates.

MUIS will also charge a fee to FHCBs seeking MUIS' recognition, so as to defray the costs of administering this scheme, such as audit inspections. This is similar to MUIS' halal certification for local establishments. The frequency of such audits will be based on MUIS' current risk assessment framework, with a focus on meat and poultry establishments.

I agree with Assoc Prof Razwana Begum on the importance of educating consumers so that they can make informed choices on halal products. Currently, the public can refer to MUIS' website on the list of recognised FHCBs. MUIS will continue to provide consumers with relevant information through various channels and explore more ways to make them more accessible.

Overall, this FHCB recognition scheme will help to provide Muslim businesses particularly and consumers generally with greater assurance when purchasing halal products.

Let me move on to Digital Certificate of Marriage.

Mr Speaker, marriage is an important and momentous occasion in the life journey of an individual. I therefore appreciate the feedback shared by Mr Zhulkarnain Abdul Rahim and Assoc Prof Razwana Begum on whether the introduction of Digital Certificates of Marriage would affect the institution of Muslim marriage and measures to prevent errors and scams.

I would like to assure the House that the institution of Muslim marriage continues to be strongly upheld, even as we implement the digital Certificate of Marriage. I think Members know that today, when people are getting married, the Kadi or Naib Kadi would call them up first and meet them physically, give them advice before the solemnisation. So, there is already a process that we have put in place despite all the digitalisation of booking and certification that we have in this amendment.

Therefore, the AMLA ensures that our Muslim community can deal with relevant personal matters, such as marriage, under Muslim law. Any amendments to the AMLA that involve Muslim law must draw on the advice of the Office of the Mufti, ensuring that all requirements under Muslim law are met before any changes are proposed.

There will continue to be a formal religious marriage ceremony. Couples will still need to meet the requirements of a valid Muslim marriage as determined by their marriage solemniser, also known as a Kadi or Naib Kadi. The first instance when they meet, assessment is already being made.

The Kadi or Naib Kadi will assess if all the conditions necessary for a valid solemnisation and registration of a Muslim marriage have been met, in accordance with Muslim law and the provisions of the AMLA. Prior to the solemnisation, as mentioned just now, the Kadi or Naib Kadi will actually conduct face-to-face sessions with the couple to provide guidance as well as referrals to other relevant support.

There are cybersecurity safeguards for the digital Certificate of Marriage. As with other Government agency websites and accounts, citizens can log in to view their Muslim marriage application or documents via Singpass, which has its own security safeguards. The digital Certificate of Marriage is password-protected. The QR code on the digital Certificate will also make it more convenient for parties to verify the authenticity of the document.

Even as we implement the digital Certificate, the ROMM will provide a hard copy Ceremonial Certificate of Marriage for couples who wish to have it as a keepsake. I think it is important to do so.

I wish to address Assoc Prof Razwana’s question about online solemnisations. Following the 2022 amendments to the AMLA, ROMM has been empowered to conduct solemnisations via remote communication technology, in addition to physical solemnisations. ROMM had consulted the Office of the Mufti to put in steps to ensure that online solemnisations will meet all the requirements of a valid Muslim marriage under Muslim law. So, again, it is subject to the approval of the Office of the Mufti. This option for online solemnisations will provide for unique situations like the COVID-19 pandemic when people were not able to meet physically. Notwithstanding this, physical solemnisations will continue to be the default norm and preferred mode. Our Kadi and Naib Kadi will ensure this.

Mr Speaker, Assoc Prof Razwana also asked how the SYC would ensure a seamless process for clients who use its digital system. The SYC has published detailed videos and user guides, as well as set up a call centre helpdesk, to help users navigate the digital portal. SYC will continue to take in feedback to enhance the user experience.

Mr Zhulkarnain Abdul Rahim raised a number of questions and suggestions regarding the SYC-related amendments. Let me address them one at a time.

First, on the amendments to clarify the Syariah Court’s jurisdiction in clauses 8 and 12 of the Bill. We are amending section 35 of the AMLA to clarify that the Syariah Court’s jurisdiction includes maintenance of children on divorce or nullification of marriage, which has always been part of section 52(3) of AMLA.

The Family Justice Courts, or FJC, will continue to hear child maintenance matters. This is because SYC’s jurisdiction is matrimonial in nature, limited to hearing child maintenance matters upon a dissolution of a Muslim marriage.

It is common that parties already have ongoing maintenance proceedings in FJC even before the divorce proceedings are commenced in SYC. Enforcement of maintenance orders are also carried out in the FJC.

It is thus more convenient for parties, as a matter of practice, for a single Court, the FJC, to hear all matters relating to maintenance of children, including the enforcement of these orders. This also prevents the possibility that two contrary maintenance orders are made by two separate Courts.

To Assoc Prof Razwana's query, I would like to assure the Member that the FJC can make orders on maintenance for a child above 21 years old if they are mentally or physically disabled.

Second, on how the Court will exercise its expanded powers under the new sections 36B and 43(2). As no two cases are alike, the Court will make its determination based on the specific facts of each case on whether the legal threshold has been met. The Presidents and Registrars of the Court will do so with a view to ensuring that the rules of natural justice will also be preserved and given effect to, including dealing with the case expeditiously to protect the welfare of the child.

Third, Mr Zhulkarnain had suggested that we expand the Syariah Court’s jurisdiction and powers beyond what this Bill is introducing today.

Specifically, Mr Zhulkarnain suggested that the Syariah Court be empowered to make decisions on the division of matrimonial assets. He cited the 2017 case of TMO vs TMP, where the Court of Appeal allowed the appeal by the wife to seek an order from the FJC for division of her matrimonial assets. This was after the Court of Appeal confirmed that the High Court retained residual jurisdiction over matters like the division of matrimonial assets, which do not fall within the jurisdiction of the Syariah Court. Hence, there is no legal vacuum and parties to a foreign Muslim divorce can proceed to the civil courts to claim financial relief and are not left stranded without recourse.

We will study carefully Mr Zhulkarnain's other suggestions for the Syariah Court, along with other feedback we received from stakeholders such as the Muslim Law Practice Committee of the Law Society of Singapore. This study will be done in consultation with the legal and asatizah fraternities, together with the broader Muslim community.

Assoc Prof Razwana asked about the proposed enhancements to the Syariah Court’s judge-led approach for divorce cases and how the Court can connect individuals with relevant community services.

I wish to clarify that the judge-led approach is actually already an existing practice of the Syariah Court. These amendments enhance the Court’s ability to apply the judge-led approach.

Currently, the Court is also empowered to make child- and family-centric social support referrals where it deems appropriate, both in the course of proceedings and after the divorce is finalised. One example is to refer parties to counselling.

Mr Speaker, I would like to conclude by once again thanking our Malay/Muslim community, Members who have spoken, partners for their support – for both this current and past reviews of the AMLA. I am heartened by the ideas and suggestions from our community leaders and other stakeholders during the public consultations and in this debate. We have incorporated some of these ideas in this amendment Bill and will explore others as we implement the changes with our statutory Muslim institutions and community partners.

With the passing of this amendment Bill, we will further strengthen the robust and contemporary legal foundation for our statutory Muslim institutions to build our Muslim Community of Success.

7.54 pm

Mr Speaker: Do any Member have any clarifications to seek from Minister?

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. – Mr Masagos Zulkifli B M M.

Bill considered in Committee; reported without amendment; read a Third time and passed.