On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 02/01/2011.
PART II
MAJLIS UGAMA ISLAM
3.
—(1) As from 1st August 1999, the Majlis Ugama Islam, Singapura, shall continue in existence.
(2) It shall be the function and duty of the Majlis —
(a)
to advise the President of Singapore in matters relating to the Muslim religion in Singapore;
(b)
to administer matters relating to the Muslim religion and Muslims in Singapore including any matter relating to the Haj or halal certification;
(c)
to administer all Muslim endowments and funds vested in it under any written law or trust;
(d)
to administer the collection of zakat and fitrah and other charitable contributions for the support and promotion of the Muslim religion or for the benefit of Muslims in accordance with this Act;
(e)
to administer all mosques and Muslim religious schools in Singapore; and
(f)
to carry out such other functions and duties as are conferred upon the Majlis by or under this Act or any other written law.
[20/99]
5.
—(1) The Majlis may sue and be sued in its corporate name.
(2) The Majlis may —
(a)
enter into contracts;
(b)
acquire, purchase, take, hold and enjoy movable and immovable property of every description;
(c)
erect any building on any property vested in, belonging to or acquired by the Majlis;
(d)
subject to any written law affecting the same, convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property vested in the Majlis upon such terms as to the Majlis seems fit and in accordance with the Muslim law;
(e)
whether by itself or in association with any other person or organisation, provide to any person or organisation in Singapore or elsewhere consultancy, technical, managerial or other services or products in any area in which the Majlis has skill or experience; and
(f)
charge fees or commissions for any service or product provided by the Majlis.
[14/90; 29/2008]
(3) The Majlis shall have power to act as an executor of a will or as an administrator of the estate of a deceased Muslim or as a trustee of any trust.
(4) The Majlis may, with the approval of the Minister, form or participate in the formation of any company, or enter into any joint venture or partnership, to carry out any of the purposes of this Act.
[20/99]
(5) The Majlis may do such other acts as appear to the Majlis to be incidental or necessary to the discharge of its functions and duties under this Act.
[20/99]
Devolution of rights, powers, duties, liabilities and property of Board under Muslim and Hindu Endowments Ordinance
6.
—(1) All rights, powers, duties and liabilities which were, immediately before 1st July 1968, vested in or imposed on the Board established by the Muslim and Hindu Endowments Ordinance (Cap. 271, 1955 Ed.), in respect of endowments in land or money given or to be given for the support of any mosque, school or other Muslim pious, religious, charitable or beneficial purposes shall, on 1st July 1968, be vested in or imposed on the Majlis, except in so far as may be repugnant to the provisions of this Act.
(2) All property, movable or immovable, which was, immediately before 1st July 1968, vested in the Board established under the Muslim and Hindu Endowments Ordinance for purposes relating to the Muslim religion or on trust for religious or charitable purposes for the benefit of persons professing the Muslim religion shall, on 1st July 1968, without any conveyance, assignment or transfer whatever, vest in the Majlis for the like title, estate or interest and in the like tenure and for the like purposes as the same was vested or held immediately before 1st July 1968.
7.
—(1) The Majlis shall consist of —
(a)
a President to be appointed by the President of Singapore;
2(b)
a Vice-President, if one has been so appointed under subsection (6);
2 Paragraph (b) of subsection (1) will be amended as set out in section 3(a) of the Administration of Muslim Law (Amendment) Act 2005 (Act 35 of 2005) when that section is brought into operation.
(c)
the Mufti;
(d)
not more than 7 members to be appointed by the President of Singapore on the recommendation of the Minister; and
(e)
not less than 7 members to be appointed by the President of Singapore, from a list of nominees to be submitted by the President.
[14/90; 35/2005]
(2) The list of nominees to be submitted by the President to the President of Singapore under subsection (1)(e) shall consist of persons nominated by such Muslim societies as are prescribed for the purpose by the Majlis.
(3) Subject to the provisions of this Act and unless the contrary intention appears in the instrument of appointment, the appointment of members of the Majlis, other than the Mufti, shall be for a period of 3 years from the date thereof.
(4) The members of the Majlis shall be eligible for reappointment.
(5) No person shall be appointed a member of the Majlis unless he is a citizen of Singapore above the age of 25 years and is a Muslim.
3(6) The President of Singapore may appoint a Vice-President of the Majlis to assist the President in the discharge of his functions and duties under this Act.
[14/90]
3 This subsection will be amended as set out in section 3(c) of the Administration of Muslim Law (Amendment) Act 2005 (Act 35 of 2005) when that section is brought into operation.
(7) If the President dies or has his appointment revoked or otherwise vacates his office before the expiry of the term for which he has been appointed, a temporary President may be appointed by the President of Singapore for such period as the President of Singapore may determine to carry out the functions and duties of the President.
[20/99]
47A.
—(1) The Majlis may, with the approval of the Minister, appoint a Chief Executive on such terms and conditions as the Majlis may determine.
(2) The Chief Executive shall —
(a)
be known by such designation as the Majlis may determine;
(b)
be responsible to the Majlis for the proper administration and management of the functions and affairs of the Majlis in accordance with the policies laid down by the Majlis; and
(c)
not be removed from office without the consent of the Minister.
(3) In the event of the temporary absence or incapacity of the Chief Executive, the Majlis may, with the approval of the Minister, appoint a person to act temporarily on his behalf.
[35/2005]
4 Section 7A will be inserted when section 4 of the Administration of Muslim Law (Amendment) Act 2005 (Act 35 of 2005) is brought into operation.
8.
—(1) The Secretary of the Majlis shall be a Muslim public officer and shall be appointed by the Minister.
(2) The Secretary shall be entitled to attend all meetings of the Majlis but shall not have the right to vote.
(3) In the event of the temporary absence or incapacity of the Secretary, the Minister may appoint a person to act temporarily on his behalf.
[35/2005]
9. Without prejudice to sections 7(3), 10 and 11, the appointment of any member of the Majlis shall determine —
(a)
upon his death;
(b)
if, by writing addressed to the President of Singapore through the Secretary, he resigns such appointment; or
(c)
if he is absent from Singapore, without written permission from the President on behalf of the President of Singapore, for a period exceeding 3 months.
10. The President of Singapore may cancel the appointment of any member of the Majlis —
(a)
if his conduct, whether in connection with the duties of such appointment or otherwise, is in the opinion of the President of Singapore such as to bring discredit upon the Majlis;
(b)
if for any reason he becomes unable to carry out the duties of his appointment properly;
(c)
if he, without due cause to be approved by the President, absents himself from 3 successive meetings of the Majlis; or
(d)
if the President of Singapore considers it desirable in the public interest to cancel the appointment.
11.
—(1) In the event of the temporary absence or incapacity of any member of the Majlis, the President of Singapore may appoint a person to act temporarily on his behalf.
[35/2005]
(2) Such temporary appointment shall determine when the substantive member gives notice to the President of the Majlis of the resumption of his duties as a member of the Majlis.
12. All appointments made under this Part shall be notified in the Gazette.
13.
—(1) The President may invite to any meeting of the Majlis any person who is not a member of the Majlis if the business before the meeting renders the presence of such person desirable.
(2) Any person so invited shall be entitled to take part in the proceedings of the Majlis, but shall not have the right to vote.
15.
—(1) No business, with the exception of adjournment, shall be transacted and no resolution or action of the Majlis shall be valid unless at least one-third of the members is present at the meeting.
(2) The Majlis may, subject to subsection (1), act notwithstanding any vacancy in its membership.
16.
—(1) The corporate seal of the Majlis shall not be used except in pursuance of a resolution of the Majlis.
(2) The corporate seal of the Majlis shall be affixed in the presence of the Secretary and 2 members of the Majlis who shall sign as witnesses.
(3) The following documents shall be executed under the corporate seal of the Majlis:
(a)
documents requiring registration under any written law;
(b)
documents authorising any person to act for any particular purposes on behalf of the Majlis; and
(c)
such other documents or classes of documents as the Minister may from time to time direct.
17.
—(1) Subject to this Act, all business of the Majlis shall be conducted at a meeting thereof regularly convened and by resolution of the majority of those present and entitled to vote.
(2) A resolution in writing signed by all members of the Majlis shall, unless in any special case or class of cases the President of Singapore shall otherwise direct, have the same effect as a resolution duly passed under subsection (1).
18.
—(1) All meetings of the Majlis shall be summoned by the Secretary.
(2) The President may at any time direct the Secretary to summon a meeting.
(3) Any 4 members of the Majlis may at any time in writing require the Secretary to summon a meeting of the Majlis, but shall upon doing so inform the Secretary of the purpose for which they desire the meeting to be so summoned.
(4) The Secretary shall within 7 days of receipt of a direction or requisition under subsection (2) or (3) summon a meeting.
(5) At least 7 days’ notice in writing shall be given of any meeting except that in an emergency the President may direct that notice be dispensed with.
(6) Any such notice may be sent by post addressed to a member at his last known place of residence and shall be deemed to have been served in the due course of post.
(7) No notice of meeting shall be necessary in the case of any member for the time being out of Singapore.
19.
—(1) The President shall have general control of all deliberations and proceedings of the Majlis.
(2) The President shall not absent himself from Singapore for more than the specified days without the prior permission of the Minister.
[35/2005]
(3) In subsection (2), “specified days” means such number of days as the Minister may, by notification in the Gazette, specify.
[35/2005]
20. Subject to such directions as may be given to him by the President, the Secretary shall —
(a)
have charge of all correspondence and documents of the Majlis, including all books of account thereof and all title deeds and securities;
(b)
be generally responsible for the proper collection of, accounting for and disposal of all funds of the Majlis; and
(c)
in all other respects, carry out such duties as may be imposed upon him by this Act or allotted to him by direction of the President.
21.
—(1) The Secretary shall keep minutes of all meetings of the Majlis in the national language and in English.
(2) At every meeting, the minutes of the previous meeting shall be read and confirmed, subject to any amendment which may be required.
(3) Such minutes shall be entered in the minute book of the Majlis and shall include a full record of every resolution of the Majlis.
(4) A copy of the minutes shall be sent to the President of Singapore.
22.
—(1) The chairman shall determine the order of business at any meeting.
(2) The chairman may decide in what order members may address the meeting and may at any time require any member to cease addressing the meeting.
(3) The chairman shall be entitled to vote and, if upon any resolution there is an equality of votes, the chairman shall have a casting vote.
(4) The proceedings of the Majlis shall be conducted in the national language or in English.
24.
—(1) The Majlis may appear in any court by its President or Secretary or by any person appointed for the purpose either generally or in any particular case under the seal of the Majlis.
[29/2008]
(2) Notwithstanding any written law to the contrary, where the Mufti has been summoned to attend before any court to give an opinion or evidence relating to Muslim law, the Mufti may, if he considers that the circumstances of the case do not require him to appear in court in person, certify his opinion to the court or appoint any person to appear in court on his behalf, unless the court subsequently directs otherwise.
[29/2008]
525.
—(1) In any case of emergency the President may, after consultation with the Mufti and the Secretary, do or direct to be done on behalf of the Majlis any act or thing which might lawfully be done by resolution of the Majlis.
(2) In any such case, a meeting of the Majlis shall be called within one week thereafter for the purpose of ratifying and confirming the action taken and, if the Majlis shall decline to ratify and confirm the same, the Minister may give such directions thereon as he thinks fit.
[35/2005]
5 This subsection will be amended as set out in section 8(a) of the Administration of Muslim Law (Amendment) Act 2005 (Act 35 of 2005) when that section is brought into operation.
26.
—(1) The Majlis may, subject to such conditions and restrictions as the Majlis may impose, delegate to any member or committee of the Majlis or any person all or any of its functions and powers vested by or under this Act or any other written law, not being judicial or quasi-judicial powers.
[20/99]
(2) Any function or power delegated under subsection (1) may be performed or exercised by such member, committee or person in the name and on behalf of the Majlis.
[20/99]
(3) It shall be the duty of every member, committee or person to whom any power of the Majlis has been delegated to inform the Majlis of all acts and things done by him or it in pursuance of the delegation.
[20/99]
(4) The Majlis may continue to exercise a power conferred on it or perform a function under this Act or any other written law notwithstanding the delegation of such power or function under this section.
[20/99]
(5) For the purposes of this section, the powers conferred on the Majlis by sections 32 and 33 shall be deemed to be quasi-judicial.
[20/99]
27.
—(1) The proceedings of the Majlis shall be secret.
(2) No member or servant of the Majlis shall disclose or divulge to any person, other than the President of Singapore or the Minister or any member of the Majlis, any matter which has arisen at any meeting unless he is expressly authorised to do so.
28. The members of the Majlis shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).
31.
—(1) There shall be a Legal Committee of the Majlis, consisting of —
(a)
the Mufti;
(b)
2 other fit and proper members of the Majlis; and
(c)
not more than 2 other fit and proper Muslims who are not members of the Majlis.
(2) The members of the Legal Committee, other than the Mufti, shall be appointed by the President of Singapore on the advice of the Majlis for such period as he thinks fit.
(3) A notification of every such appointment shall be published in the Gazette.
(4) The Mufti shall be chairman of the Legal Committee.
(5) The President of Singapore may appoint another person recommended by the Majlis to be the chairman of the Legal Committee in the absence of the Mufti or if the Mufti is unable to act for any reason.
[29/2008]
(6) The chairman and 2 other members of the Legal Committee, one of whom shall not be a member of the Majlis, shall form a quorum.
(7) Subject to the provisions of this Act, the Legal Committee may regulate its own procedure.
(8) The members of the Legal Committee shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).
32.
—(1) Any person may, by letter addressed to the Secretary, request the Majlis to issue a fatwa or ruling on any point of the Muslim law.
(2) On receiving any such request, the Secretary shall forthwith submit the same to the chairman of the Legal Committee.
(3) The Legal Committee shall consider every such request and shall, unless in its opinion the question referred is frivolous or for other good reason ought not to be answered, prepare a draft ruling thereon.
(4) If such draft ruling is unanimously approved by the Legal Committee or those members thereof present and entitled to vote, the chairman shall on behalf and in the name of the Majlis forthwith issue a ruling in accordance therewith.
(5) If in any such case the Legal Committee is not unanimous, the question shall be referred to the Majlis, which shall in like manner issue its ruling in accordance with the opinion of the majority of its members.
(6) The Majlis may at any time of its own motion make and publish any such ruling or determination.
(7) If in any court any question of the Muslim law falls for decision, and such court requests the opinion of the Majlis on the question, the question shall be referred to the Legal Committee which shall, for and on behalf and in the name of the Majlis, give its opinion thereon in accordance with the opinion of the majority of its members, and certify such opinion to the requesting court.
(8) For the purposes of subsection (7), “court” includes the Syariah Court constituted under this Act.
33.
—(1) Subject to this section, the Majlis and the Legal Committee in issuing any ruling shall ordinarily follow the tenets of the Shafi’i school of law.
(2) If the Majlis or the Legal Committee considers that the following of the tenets of the Shafi’i school of law will be opposed to the public interest, the Majlis may follow the tenets of any of the other accepted schools of Muslim law as may be considered appropriate, but in any such ruling the provisions and principles to be followed shall be set out in full detail and with all necessary explanations.
(3) In any case where the ruling or opinion of the Majlis or the Legal Committee is requested in relation to the tenets of a particular school of Muslim law, the Majlis or the Legal Committee shall give its ruling or opinion in accordance with the tenets of that particular school of Muslim law.