AMLA amendments to recognise Singapore's first Islamic college, strengthen Muslim divorce laws


Acting Minister-in-charge of Muslim Affairs Zaqy Mohamad introduced proposed amendments to the Administration of Muslim Law Act (AMLA) in Parliament on Tuesday (Oct 6), which would allow Singapore's first Islamic college to award degrees while streamlining selected Muslim divorce procedures and strengthening child protections.
The Ministry of Culture, Community and Youth (MCCY) said the proposed changes are aimed at strengthening Singapore's Muslim institutions and ensuring they remain responsive to the community's evolving needs.
Under the proposed bill, the upcoming Singapore College of Islamic Studies (SCIS) will be legally recognised and given the power to award degrees, diplomas and certificates in tertiary religious education, including a full undergraduate degree in Islamic Studies, ahead of its 2028 opening.
Majlis Ugama Islam Singapura (MUIS) will formally oversee SCIS as part of its statutory functions, and may provide funding from community funds it administers, including zakat, wakaf and the Mosque Building and MENDAKI Fund (MBMF).
To ensure sound governance and accountability, the Minister-in-charge of Muslim Affairs will oversee selected administrative and financial matters, including access to SCIS' financial records, appointments to its Board of Governors and approval of key decisions such as changes to its constitution.
MCCY said the arrangements will provide clear accountability and appropriate oversight while maintaining SCIS' academic independence and scholarly rigour.
The proposed changes aim to reduce the administrative burden and unnecessary acrimony for couples going through divorce at the Syariah Court (SYC).
Couples who agree to end their marriage through talak tafwidh, where the husband delegates the pronouncement of divorce to the wife, will no longer need to first appoint hakam, or marital conciliators.
Couples who have agreed on the divorce and all related matters could save six months or more and $172 per party in Hakam appointment and court-order fees.
The court will also be able to waive the requirement for sworn testimony from two witnesses in suitable fasakh applications where the grounds can be proven through other means, such as documentary evidence.
To strengthen child-centricity in divorce proceedings, the amendments will explicitly state that a child's welfare is the Syariah Court's paramount consideration in matters involving children.
The court will also be empowered to allow or prevent a child from being relocated overseas, a change MCCY said responds to growing demand arising from transnational marriages and overseas work relocations.
Muslim couples who obtained a divorce overseas will also be able to apply to the Syariah Court for financial and child-related orders, provided certain conditions are met, including either party being domiciled in Singapore or having lived here for at least three years before the application.
Additionally, where at least one party is neither a Singapore Citizen nor a Permanent Resident, a minimum period of physical presence in Singapore will be required before a Muslim marriage application can be made.
MCCY said the intended minimum period is 31 days, in line with the requirements for civil marriages under the Women's Charter.
MCCY said this would ensure that foreigners who marry in Singapore have an established presence in the country or a meaningful connection to Singapore.
The Bill will be debated at a subsequent Parliamentary sitting during its Second Reading.
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helmy.saat@asiaone.com