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RESPONSE BY PERGAS (S’PORE RELIGIOUS TEACHERS ASSOCIATION)IntroductionWe are pleased with efforts of the Minister concerne...
Original Section                            Amendment                                 Our Proposal                        ...
Muslim law as fasakh, cerai                                                                               and distinct pos...
Original                  Amendment                                 Our Proposal                        Justification     ...
then the problem is purely                                                                                                ...
35A (4), upon issuing the                                           fact there is AMLA would support                      ...
have been commenced in any                                   court by the consent of the                                  ...
which this clause redefined, the                                                                                          ...
(additional subsections)               We are agreeable to this clause.    As it gives power to the Syariah               ...
of her emas kahwin.                                                                     section states “... as it thinks j...
property in such proportions as it                                             Act shall apply to the High                ...
Original - (repealed)                           Amendment                                  Our Proposal                   ...
involved.                                                                           by the Syariah Court.                 ...
taken to abridge the powers of a court                                          constraint. From Islamic legal            ...
129. Subject to this Act, this Part                           Nil                         To add after clause 129.        ...
the Islamic perspective). And he                                                            may only impose a fine of mere...
(b) “the powers of of the Majlis Ugama Islam Singapura (MUIS) in Haj matters”           Original                   Amendme...
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Amla2

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Filed [archived) copy of PERGAS' response in the Amendment of AMLA passage Bill.

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Amla2

  1. 1. RESPONSE BY PERGAS (S’PORE RELIGIOUS TEACHERS ASSOCIATION)IntroductionWe are pleased with efforts of the Minister concerned to amend the AMLA (Administration of Muslim Law Act), with the statedobjective of improving the effectiveness of the various institutions under the Act, as well as remove whatever constrains which haveappeared due to unavoidable circumstances as Singapore progresses, thereby ensuring that the Act remain relevant.General comment :As Muslims, the imperative to observe the Syariah laws must be well understood by every Muslim. We should be grateful thatalthough Singapore may not be an Islamic state, the AMLA was enacted to preserve the Muslims’ right to practice our religion.Whatever powers already stipulated within it should be preserved as much as possible and any efforts to improve its clauses shouldnot diminish nor weaken the overall position of the various institutions. As the amendment would become law when passed by theParliament of Singapore, the implications of each amendment must be critically evaluated. Our comments should not bemiscontrued as being adversarial to the Law of Singapore but rather as upholding the democratic right to religious freedom,cherished under our state Constitution. PERGAS’ role to define Islamic teachings would be to remind all Muslims as to theirduties as Muslims and to assist the Parliament to understand the aspirations of every Muslim so that they can make an informeddecision on the Bill in question.Our main concern :PART 1[a] “conferring the civil court concurrent jurisdiction with the Syariah court in civil proceedings involving matters relating to maintenance, custody of children and disposition or division of property on divorce.”Pergas response to AMLA 1 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  2. 2. Original Section Amendment Our Proposal Justificationsection 34 To repealed section 34 with : (a) The prerogative of the34 - The President of Singapore may “34. The President of Singapore President of Singapore, under thisby notification in the Gazette Nil may by notification in the Gazette section, to set up only oneconstitute a Syariah Court for constitute as many Syariah Courts as Syariah Court should be extendedSingapore (referred to in this Part as he thinks fit for Singapore (referred to several Syariah Courts. Eachthe Court). to in this Part as the Court). Courts can then handle specific issues e.g. maintenance, custody of children or division of property upon divorce and offences under Amla etc. To have many presidents to only one Syariah Court, as the amendment intends, would be inadequate. “To have more than one captain to only one ship is not effiicient as compared section 35 (Clause 8 of the Bill) to several captains, each withsection 35 their own ship.” We can accept the clause with the35 - (1) The Court shall have (additional insertions) following additions.jurisdiction throughout Singapore andshall be presided over by a president (a) by inserting, immediately after By inserting after the word “ ..ofto be appointed by the President of subsection (1), the following the Court.” The following “ Such (b) Our concern is that, to beSingapore. subsections : person or persons appointed should appointed presidents of the “(1A) The President of be a qualified Muslim scholar, well- Syariah court, the candidates’s(2) The court shall hear and determine Singapore may appoint versed in Islamic jurisprudence and qualification and competency inall actions and proceedings in which one or more presidents able to read from the primary Syariah law should be an of the Court.all the parrties are Muslims or where sources (in Arabic).” indispensable consideration.the parties were married under the Even though some may feel thatprovisions of the Muslim law and “(1B) All presidents of the any competent magistrate fromwhich involve disputes relating to - Court shall have in all the district court could possibly respects equal power, qualify, we beg to differ. The fact (a) marriage; authority and that AMLA exist is because we in (b) divorces known in the jurisdiction.” and Singapore, recognize the specialPergas response to AMLA 2 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  3. 3. Muslim law as fasakh, cerai and distinct position of the Syariah taklik, khuluk and talak; (b) by inserting, immediately after the vis-a-vis the civil legal system. And (c) betrothal, nullity of word “shall” in the first line of to have a president without marriage or judicial subsection (2), the words “have Syariah qualification is, we feel, separation; jurisdiction to”. grossly disrespectful to the (d) the disposition or division intention of the AMLA itself. of property on divorce; or (e) the payment of emas kahwin, maintenance and consolatory gifts or mutaah.(3) In all questions regardingbetrothal, marriage, dissolution ofmarriage, including talak, khuluk andfasakh, nullity of marriage or judicialseperation, the appointment of hakam,the disposition or division of propertyon divorce, the payment of emaskahwin and consolatory gifts ormutaah and the payment ofmaintenance on divorce the rule ofdecision where the parties areMuslims or were married under theprovisions of the Muslim law shall,subject to the provisions of this Act,be the Muslim law, as varied whereapplicable by Malay custom.Pergas response to AMLA 3 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  4. 4. Original Amendment Our Proposal Justification section 35A Our main worry is that this Nil (additional subsection) amendment will affect the jurisdiction of the Syariah Court in “Leave to commence or to We are strongly opposed to this relation to matters relating to : continue civil proceedings clause section 35A and also the involving disposition or subsequent 35 B.. (i) the custody of the child, and division of property on (ii) the disposition or division of divorce or custody of property on divorce. children. To have this amendment would be 35A. -(1) Any person who, on or after surrendering the jurisdiction of the the commencement of Syariah Court. If the reasons for proceedings for divorce in the the Muslims making the Court or after the making of a application to be heard as a civil decree or order for divorce proceedings is to seek legal under section 102, intends to rulings other than, or even contrary commence civil proceedings in to, the Syariah - then this any court involving any matter amendment would seem to relating to the disposition or undermine the applicability of the division of property on divorce Syariah law for Muslims. or custody of any child where the parties are Muslims or were And if the reason for the married under the provisions of amendment is because of the the Muslim law shall apply to backlog which presently the the Court for leave to Syariah Court is unable to clear, commence the civil whereas the civil courts have proceedings. sufficient machinery to take on,Pergas response to AMLA 4 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  5. 5. then the problem is purely administrative which can be solved without the need for opening the floodgate of “dissent” amongst Muslim towards accepting the Syariah rulings. Such dissent (refusing in following Syariah ruling) is viewed by Islam as a great wrong. From the Islamic legal perspective (a maxim) : “removal of wrongdoings (dar-u al- mafaasid) takes precedence over introducing new benefits (jal-bu-al- masaa-liH).” Thus we would like to assert that the application of the Syariah ruling on such matters has greater precedence, if not the only ruling, for Muslims. Original Amendment Our Proposal Justification We have to reiterate our We are strongly opposed to this contention that steps must be Stay of proceedings clause section 35B and also the taken to ensure that Syariah Nil previous 35A. court’s proceedings are not taken involving certain matters for granted by litigants who are “Muslims and who are married 35B. - (1) The Court shall stay under the provision of the Muslim proceedings before it - law” . As Muslims, we must be assertive that the application of the (a) involving any matter in Syariah ruling on such matters has respect of which it has issued greater precedence, if not the only a certificate under section ruling, for all Muslims. The veryPergas response to AMLA 5 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  6. 6. 35A (4), upon issuing the fact there is AMLA would support certificate; our contention and bear testimony to the constitutional spirit that (b) involving any matter relating Muslims should be given their to maintenance of any wife rights to apply their own religious during subsistence of the rulings. We are aware of the marriage, if it comes to the loophole for them in the past (upto knowledge of the Court that present), that as Singapore citizen, civil proceedings relating they could also seek indulgence maintenance of the wife have through the civil court regarding been commenced in any their cases which, in some court between the same instance may have led to confilct parties before, on or after the of jurisdictions between the civil commencement of the and Syariah courts. Therefore it would seem obvious that it is the proceedings before it; loophole which has to be plugged. If the consideration or reason for (c) involving any matter relating the amendment here is to avoid to the maintenance of any “multiplicity of actions”, then, rightly child of the parties, if it it should be the civil courts that comes to the knowledge of must comply with this section the Court that civil regarding “stay of proceedings”. It proceedings relating to the should be the civil courts that maintenance of the child should respect proceedings have been commenced in any started under the AMLA, by court between the same Muslims and within the jurisdiction parties before, on or after the of the Syariah court, unless leave commencement of the is granted as per section 35A (4). prroceedings before it; (d) to which section 35A (1) would apply apart from section 35A(5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the samee partiesPergas response to AMLA 6 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  7. 7. have been commenced in any court by the consent of the parties; or (e) to which section 35A (2) would apply apart from section 35A (5), if it comes to the knowledge of the Court that civil proceedings involving the same matter between the same parties have been continued in any court by the consent of the parties. Original Amendment Our Proposal Justification 35B. - (2) Where leave granted by the We are strongly opposed to this We understand that because in Court under section 35A is reversed clause section 35B and also the the above amendment section on appeal under secction 55, the Court previous 35A 35A and 35B, it has obviously may restore any proceedings which blurred and diminished the powers have been stayed undersection (1) (a). of the Syariah court, the clause section 35B (3) has to be inserted 35B. - (3) Nothing in this section shall to redemarcate and re-specify the prevent the Court from exercising its Syariah court’s residual powers. powers under sections 51 (2) and 52 Thus directly it reaffirmed our fear (1), (2) and (3) (a) and (b).” that this amendement will take away the jurisdiction and reduced the powers of the Syariah Court. Also it is obvious in the last phrase “ ... its powers under sections 51 (2) and 52 (1) and (3) (a) and (b).”Pergas response to AMLA 7 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  8. 8. which this clause redefined, the Syariah court has indeed lost substantial powers because the original section 51 (3) also contains subsection (c) and (d) which read as follows : (c) the custody, maintenance and education of the minor children of the parties; (d) the disposition or division of property on divorce. Point of caution We strongly object to the removal of such powers from the Syariah court and bestowing it to the civil courts to adjudicate in such matters. The negative implications to Muslims, to our family institution and to our community towards moulding our lives in accordance with Islamic dictates will definitely be serious. The “trade-off” (compromise) cannot be condoned. Original Amendment Our Proposal Justification section 51 (Clause 9 of the Bill)Pergas response to AMLA 8 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  9. 9. (additional subsections) We are agreeable to this clause. As it gives power to the Syariah Court to vary or rescind orders for “(4) The Court may vary or rescind maintenance for married woman Nil any order made under this section or women who have been on the application of the person in divorced in certain circumstances whose favour or against whom and to create the offence of failing order was made where it is to comply with orders of the satisfied that the order was based Syariah Court under that section. on any misrepresentation or mistake of fact or where there has Note that as section (5) stipulates been any material change in the penalty for failure of compliance to circumstances. the court’s order. It would be even “(5) Any person who fails to comply better if the Minister-in-charge take with an order of the Court made steps to empower the Syariah Court so that it too can enforce under this section shall be guilty them on its own. The capability for of an offence and shall be liable the Syariah court to enforce its on conviction to imprisonment for orders would be more meaningful a term not exceeding 6 months.” than just giving power to issue the orders but without it being able to enforce them (which, by the way, has has led to the present situation where litigants sought out the civil courts indulgence). Thus the need to expanding staffing and other infrastructure of the Syariah court would be more relevant and urgent. Original - (repealed) Amendment Our Proposal Justification Section 52 (Clause 10 of theBill)52 - (1) The Court shall have power to We do not want the Syariah Courtinquire into and adjudicate upon (a) by deleting subsection (3) and We are agreeable to this clause to be bound by the Women’sclaims by married women or women except for sub-section (6) which Charter but that it should always substituting the following subsection :who have been divorced for payment we object since the previous sub- have the discretion to apply them ifPergas response to AMLA 9 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  10. 10. of her emas kahwin. section states “... as it thinks just it deems necessary. Although the “(3) The Court may, at any stage of and equitable” ’has allowed the entire clause widens the scope of(2) A woman who has been divorced the proceedings for divorce or Syariah Court the prerogative to Section 52, we are concerned thatby her husband may apply to the after making a decree or order apply them. there may still be possibility of it’sCourt for consolatory gift or mutaah for divorce, or after any divorce ruling being over-ruled whenever itand the Court may after hearing the has been registered whether To rephrase sub-section (6) thus : differs with that adopted by theparties order payment of such sum as before or after the High court especially where themay be just and in accordance with commencement of the “The court may exercise its Women’s Charter is applicable.the Muslim law. Administration of Muslim Law discretion to adopt any part of the The qualifying statement in (6) (Amendment) Act 1998 under rulings of the High court in making above “so far as they are consistent(3) In any application for divorce the section 102, on the application an order, including sub-section (2) to with the Muslim law” we feel is still Court may, at any stage of the of any party, make such orders (10) of the Women’s Charter (Cap. not conclusive as it only excuses proceedings or after a decree or as it thinks fit with respect to - 353). the Syariah Court from using the order has been made, make such decisions made by the High court, orders as it thinks fit with respect (a) the payment of emas but the word “shall apply” binds the to - kahwin to the wife; Syariah Court to it. (a) the payment of emas kahwin to (b) the payment of a We note that when the the wife; consolotary gift or amendment touches upon the (b) the payment of a consolatory mutaah to the wife; jurisdiction of the High Court it gift or mutaah to the wife; (c) the custody, make very clear (bold) intention (c) the custody, maintenance and maintenance and and reserves its right to apply civil education of the minor children education of the law, and thereafter binds itself to of the parties; and minor children of the the Women’s Charter. We should (d) the disposition or division of parties; and note with caution that in clauseproperty on divorce. (d) the disposition or 17A (7) & (8) of the present division of property amendment which state :(4) The procedure and forms of on divorce”; andprocess in suits under this section (7) For the avoidance of anyshall be as prescribed by rules made (b) by inserting, immediately after doubt, the High Court. inunder section 145. subsection (4), the following exercising its jurisdiction or subsections: powers under subsection (2) shall apply the civil law. “(5) In making any order under subsection (3) (d), the Court (8) Notwithstanding section 3 shall have power to order the (2) of the Women’s Charter disposition or division of the (Cap. 353), section 112 of thatPergas response to AMLA 10 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  11. 11. property in such proportions as it Act shall apply to the High thinks just and equitable. Court in the exercise of its jurisdiction or powers under (6) Subsection (2) to (10) of section subsection (2) (c). 112 of the Women’s Charter (Cap. 353) shall apply, with the Point of caution : necessary modifications, to the Court in making an order under With such bold statement, by subsection (3) (d) in like manner concurrency, we feel that functions as those subsections apply to the and the role of the Syariah court High Court so far as they are will be diluted, further undermining consistent with the Muslim law. its position. Especially when some ignorant Muslims may think that (7) The Court may, on the because the AMLA has explicitly application of any interested endorsed the concurrency person, vary or rescind any order arrangement, it is permisseable to made under subsection (3) (a), alternatively seek the High Courts (b) or (c) where it is satisfied indulgence. that the order was based on any misrepresentation or mistake of The obvious implication of this fact or where there has been aby amendment is actually the material change in the extending of the Civil law circumstances. (especially in matters of custody and division of wealth) to Muslims (8) Any person who fails to comply - and not so much extending the with an order of the Court made powers of the Syariah court as under this section shall be guilty touted in the media. of an offence and shall be liable on conviction to imprisonment Also, we are to note that once we for a term not exceeding 6 give up any prerogatives within months.” AMLA, it will be very difficult to reinstate it back later whenever we see the need for it again (because it will require passage through Parliament again).Pergas response to AMLA 11 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  12. 12. Original - (repealed) Amendment Our Proposal Justification Section 53 ( Clause 11 of the Bill ) Although we are agreeable to this53. If any person fails or neglects to 53. – (1) The Court may, for every This can be accepted for the time clause as it give effect to orders ofcomply with an order of the Court breach of an order made under section being. the Syariah Court, yet we wouldmade under section 52 the Court may 51 and 52, direct the amount or the rather the Minister-in-charge seekfor every breach of the order direct value of the property due to be levied to give power for enforcement tothe amount or the value of the in the manner provided for levying the Syariah Court and not theproperty due to be levied in the fines imposed by a Magistrate’s District court.manner provided for levying fines Court.imposed by a Magistrate’s court or Our worry is when rules other thanmay sentence him to imprisonment for 53.-(2) For the purposes of This can be accepted for the time the Muslim law may be invoked asa term not exceeding 6 months. enforcement of any order made under being. the District court may exercise its this part, any party interested may prerogative to apply them. This (especially (5)) could further erode apply for the order to be registered in the application of the Syariah laws a District Court in accordance with amongst Muslims because the the Rules of Court and the District position of the Syariah court vis-à- Court shall register the order in vis District court becomes lowered accordance with the Rules of Court. as this clause not only empowers This can be accepted for the time the latter to exercise the 53.- (3) From the date of registration prerogative of the High court but being. of an order under subsection (2), the obviously, (as the clause “may order shall be of the same force and exercise …. Section 14 of the effect, and all proceedings may be Guardianship of Infants Act taken on the order, for the purposes of (Cap.122)…”) intended to confer enforcement as if it had been an order the litigants the application of originally obtained in the District rulings based on other than the Court which shall have power to Syariah (inspite of their both being enforce it accordingly. Muslims, and having contracted This can be accepted for the time their marriage in accordance with 53.-(4) A District Court shall have the Muslim laws). Thus from this it being. jurisdiction to enforce any order in is inferred that the amendment accordance with subsection (3) may give the District Court powers regardless of the monetary amount to over-rule the decisions reachedPergas response to AMLA 12 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  13. 13. involved. by the Syariah Court. 53. -(5) In enforcing a custody order This can be accepted for the time Alternative : If the reason for registered under subsection (2), a being. the amendment is the problem District Court may exercise the that the Syariah court’s present powers conferred on the High Court inability to enforce its orders and by section 14 of the Guardianship of decisions because of constrains Infants Act (Cap.122) except that the (e.g. staffing etc.) it does not reference to the sheriff in that section justify the giving away of its own shall read as a reference to a bailiff prerogatives, seeing that it stands for the purposes of this subsection. at par with the civil courts. The Minister-in-charge could, instead 53A - (1) If a judgement or order of This is acceptable. of seeking this amendment, look the Court is for the execution of a towards beefing up the Syariah deed, or signing of a document, or for court’s ablility by other the indorsement of a negotiable administrative means. insrument, and the party ordered to execute, sign or indorse such If administrative assistance of the instrument is absent, or neglects or civil court is necessary, Syariah refuses to do so, any party interested units could be set up in those in having the same executed, signed courts without the need to surrender the Syariah court’s or indorsed, may prepare a deed, prerogatives, too much. document or indorsement of the instrument in accordance with the If one argues ( i.e. by invoking terms of the judgement or order, and rules for emergency- “dharurah”) tender the same to the Court for that because of the present execution upon the proper stamp, if circumstances (i.e. the Syariah any is required by law. court cannot cope with its cases at hand) thus it opens a way to (2) The signature therof by any This is acceptable adopting the available alternative president of the Court shall have the (i.e. turning to the civil courts’ same effect as the execution, signing indulgence), even if we are to or indorsement therof by the party agree to it, we must qualify that ordered to execute. such agreement must always be seen as temporary - and we are (3) Nothing in this section shall be This is acceptable. still required to remove thatPergas response to AMLA 13 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  14. 14. taken to abridge the powers of a court constraint. From Islamic legal under section 53. perspective (maxim) : “whatever is allowed due to constrained (4) This section and sections 51 (4) This is acceptable. (wamaa-ubii-Ha lidw-dwaruu-rati) and (5), 52 (7) and (8) and 53 shall is only allowed according to the also apply to any judgement or order existence of that constrain (yu- of the Court made before the qad-daru bi-qad-rihaa)” commencement of the Administration of Muslim Law (Amendment) act Thus, it would have been closer to 1998. the Islamic spirit to strengthen the role and capabilities of Syariah Costs court rather than this “concurrent” arrangement (with its attending 53B. The Court may, in its discretion, This is acceptable conditions) which, in our opinion, order any party to pay any costs of dilutes and weakens the Syariah any proceedings under this Part, court. including travelling and subsistence expenses of the parties and witnesses, and shall itself assess the amount of any costs so ordered to be paid.”As to Amendment of Section 55 and New Section 56A and 56B, we find it agreeable.PART 2(b) the lack of the Syariah court’s power to try cases under “Offences” Original Amendment Our Proposal JustificationPergas response to AMLA 14 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  15. 15. 129. Subject to this Act, this Part Nil To add after clause 129. To ensure consistency betweeenshall only apply to Muslims. the spirit of the law with the 129. Subject to this Act, this Part execution of its intention, let only shall only apply to Muslims. the Syariah court to try such cases and not the district court. And this the following enabling clause : is not only with regard to offence for teaching false doctrine but all “The Syariah court shall have the of Part IX - OFFENCES. We note power to hear all cases under this that the Shariah court has not section.” been empowered to try offences under this section” which covers, Also to add to section 52 : inter-alia “ .... cohabitation outside marriage; enticing unmarried “ The Shariah court shall have the woman; neglect or failure to report power to prosecute all offences as conversion; false doctrine; etc.”. mentioned in Part IX (OFFENCES) of the AMLA.” Granted that the intention of the amendment under clause 19 of the Bill, is to raise the maximum quantum of punishment for suchSection 139 Section 139 (Clause 19 of the Bill) This is acceptable. offence. Our concern is that the139. - (1) Whoever shall teach or amendment should also ensurepublicly expound any (a) by deleting “$500” in the fifth line that the implementation of thedoctrine or perform any cceremony or and substituting “$2,000”; and sentencing itself should alsoact relating to the (b) by deleting the words “6 months” reflect the seriousness of theMuslim religion in any manner in the last line and substituting the offence. As the clause does notcontrary to the Muslim law words “12 months”. specify any minimum mandatoryshall be guilty of an offence and shall sentence, it is up to the judge’sbe liable on conviction discretion. If a case involving say “to a fine not exceeding $500 or to cohabitation outside marriage,imprisonment for a term teaching false doctrine or enticingnot exceeding 6 months or to both. unmarried women” is tried in the District court and the offender found guilty, the judge (being non- Shariah judge) may not see the seriousness of the offence (fromPergas response to AMLA 15 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  16. 16. the Islamic perspective). And he may only impose a fine of mere $10.00, as sentencing is the prerogative of the District judge. We fear that the seriousness of the offence could be lost thereby rendering such offenceS without any deterrent. This is because inspite of the stated clause in the AMLA, we note the Syariah court has not been able to carry out its intended role and function under this clause. If the excuse for inability is due to lack of manpower, staffing or other necesary enactment, we hope the Minister-in-charge of Muslim Affairs could use the opportunity of this amendment to consider removal of such impotency of the court so that the status of the Syariah court is not diminished in the eyes of Muslims, and the intended objective of the clause met.PART 3Pergas response to AMLA 16 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)
  17. 17. (b) “the powers of of the Majlis Ugama Islam Singapura (MUIS) in Haj matters” Original Amendment Our Proposal Justification 88B. The Majlis may regulate any We are agreeable to the clause We are very concerned that Nil person providing goods or services for subject to inclusion of an unqualified persons may be acting the purposes of the Haj - additional phrase to (a) thus : as the religious teachers and Haj guides. The proper compliance of (a) to ensure that the requirements of “.... including ensuring that those the “Manasik” (rites) is vital for the the Muslim law are complied with who act as guide for the pilgrims are Haj to be acceptable. From past in relation to the provision of qualified religious teachers.” experience, we note that certain those goods or services; irresponsible people have issued verdicts which is contrary to the (b) to safeguard the safety and welfare teachings in Islam regarding the of the persons to whom those matter. We would like MUIS to be goods or servicess are provided; serious in ensuring such abuses are checked. and (c) to promote the proper administration of any matter relating to the Haj.Pergas response to AMLA 17 EO. Ustaz ZhulkefleeHjIsmail(R&D-22/5/98)

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