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Administration of Muslim Law Act

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Administration of Muslim Law Act

The Administration of Muslim Law Act is a Singapore statute that pertains to regulation of Muslim religious affairs, establishing the creation of a religious council to offer advice on matters related to the Muslim religion, and the creation of a Syariah Court in Singapore. The act was passed in 1966 and came into force on 1 July 1968.

When Singapore became a crown colony in 1867, administration of Muslims religious matters received attention by the Colonial Office in London. During this period, Muslims in Singapore have had their own judicial system that involved marriage, divorce and other civil affairs, regulated by the colonial government.

In 1877, 143 influential Muslims brought a petition for a religious functionary, also known as the Qadi, to appoint as the Muslim marriage registrar. These Muslims highlighted the importance of a proper recording system for Muslim Marriages, and there were multiple instances of Muslim families being cheated by ‘Qadis’ who did not turn up on the wedding date. Attorney-General Roland Braddell drafted a bill to raise the issue of the English law’s impact on the Muslim community in Singapore, and introducing this new law would be helpful to the Muslim community. This led to the Mahomedan Marriage Ordinance V 1880,  which states the laws and regulations on Muslim marriage and divorce, under the control of the State Governor. The ordinance gave a legal framework for Muslim religious affairs.

In 1915, the Mohamed Advisory Board was formed, expanding their scope to “religious affairs, customs, health and conditions.” The board was renamed as the Muslim Advisory Board in 1945. The board continued to work after the Mohamed Advisory Board, advising the Government on matters regarding the Muslim community in Singapore, and matters that needed the regard of the Muslim community’s point of view.

In 1957, while Singapore was under self-rule, the Singapore Legislative Assembly established the Syariah Court through the Muslim Ordinance. The Court claimed jurisdiction of cases whereby both parties were Muslim who were involved in matrimonial disputes.

The idea of a centralised authority, a Majlis, was developing over in the Malay states. Talks about a centralised governing body in Singapore started in 1948, calling for the creation of a new centralised Muslim authority or enabling a currently existing organisation to represent Muslims in Singapore. In 1960, four Muslim organisations – Muslim Advisory Board, All-Malaya Muslim Missionary Society, Singapore Religious Teachers’ Association and the Mohammadiah Movement – voiced out the need to create a centralised authority that “unites all sections of the Muslim community.” Ahmad bin Ibrahim, Singapore’s State Advocate General at that time, headed this movement.

In 1952, the Administration of Muslim Law Enactment was passed in Selangor. This legislation incorporated the Qadi and the Shariah Court, and the legislation of a religious council. Many other Malay states followed suit, including Singapore. Ahmad drafted the Administration of Muslim Law Bill.

In 1960, Minister of Labour and Law K. M. Byrne moved the Bill to the Singapore Legislative Assembly. The aim of the bill was to restructure the organisations and matters pertaining to the Muslim religion and law, following the administration of the law in other Malayan states. This bill was introduced to replace the Muslim Ordinance 1957, strengthen the Shariah court and establish the Majlis Ugama Islam Singapura (MUIS). The bill also enabled the Yang di-Pertuan Negara to appoint a head for the Majlis, a Mufti, a maximum of two Muslim people in the Legislative Assembly and a minimum of 10 people to form the Majlis committee.

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