The AMLA Amendments Overview - Association of Muslim ...

KARYAWANThe AMLA Amendments OverviewAMLA, Mosques andMadrasahs inContemporary SingaporeSyed Muhd KhairudinAljuniedIF THE purpose of laws is to ensure thatjustice is upheld, it follows then that the raisond’être and function of the Administrationof Muslim Law Act (AMLA) should be tosafeguard the interests and welfare ofMuslims in Singapore. AMLA owes its origin toAhmad bin Mohammed Ibrahim, Singapore’sfirst State Advocate-General. Spurred by theseemed bleak. More than a mere document,the promulgation of AMLA in 1966 wasseen as imperative in the creation of a newSingaporean identity and a nation of equals.This article takes as its point of departurethe initial spirit of AMLA, setting it againstthe recent proposed changes. I argue thatA sense of inclusion, participation, and citizenship amongmembers of the public would help fend off any tendency towardsalienation. As it stands, there is a pervasive ignorance amongthe members of the Muslim public with regard to the genesis,evolution and contents of the AMLA. This situation should not beleft unaddressed.11desire to preserve the religious life of Muslimsand troubled by the demands of a segmentwithin the minority community for a systemof laws that would be over and above thesecular laws of Singapore, he saw AMLA asa mediating bridge between the state and acommunity of believers who constituted 15per cent of the total population.Although he believed that AMLA shouldbe continuously amended to keep up withthe changing conditions of society andthe demands of a maturing nation, AhmadIbrahim also held that any changes madeto the document should not result in unduehardship or an unwarranted burden uponthe Muslims in Singapore. Such was theconcern of Muslim leaders and activists,at a time when the island-state had barelyrecovered from the trauma of separationfrom Malaysia in August 1965. The futurethat lay ahead of a country without its ownhinterland and lacking in natural resourcesthe recommendations to raise the minimumMuslim marriage age from 16 to 18, and totreat Syariah Court orders as District Courtorders for the purposes of enforcement,are appropriate given the prevalenceof social problems arising from divorceand dysfunctional families. However, thebroadening of the Mosque Building andMendaki Fund (MBMF) to support mosqueupgrading and religious education may proveto be premature, or at best, a departure fromthe general spirit of AMLA.My observations are based on the speech ofDr Yaacob Ibrahim, the Minister-in-charge ofMuslim Affairs on 10th October 2008 at theIstana. I have also studied newspaper reportsand commentaries written by local scholarsand members of the general public, as wellas the AMLA itself, the Singapore Constitutionand other relevant governmental documents.What follows are some tentative ideas andcomments by a concerned Muslim Singaporean© Association of Muslim ProfessionalsPermission is required for reproduction.

12The AMLA Amendments OverviewSyed Muhd Khairudin Aljunied– comments which I hope the Association ofMuslim Professionals (AMP) and other civicbodies can follow up on with further researchleading to recommendations for the seriousconsideration of those in authority.On MosquesIt would be foolhardy for a Muslim to rejectany proposal, whether it be from the secularstate or from non-state organisations, toupgrade the functions of the mosques. Asthey are places of worship and sites whichcontinuously preserve the Islamic identity, it isour collective responsibility to ensure that ourmosques are well-maintained and conducivefor worship by all Muslims. It is through thearchitectural splendour and the sense offellowship and serenity found within ourmosques that non-Muslims can also appreciatethe Islamic way of life and God’s teachings.Muslims in Singapore are certainly fortunateto have an institutionalised system whichchannels their funds towards the supportof their houses of worship. Not only has thissystem assisted us in living up to the demandsof the sacred, but they have also helped uswith our worldly needs as well. That said,concerns have been raised about the timingof the raising of the MBMF contribution by adollar or more.We are now in the midst of a global economicrecession; it is common knowledge that 80percent of Muslim contributors to the MBMFare making ends meet on monthly incomesof $3,000 or less. While there has been somePHOTO: AMPupward mobility in occupational profile,less than 30 percent of Malays are holdingadministrative and managerial, professional,and technical related jobs. There is little doubtthat the remaining 70 percent will be severelyaffected by the looming downturn.This, along with other problems related tothe rising prices of basic necessities, pointsto one logical conclusion – that the increasein the amount of contributions to the MBMFought to have been postponed to a laterdate, at a time when issues of inflation andunemployment have been addressed. A wayaround this problem would be to build aMBMF: NEW CONTRIBUTION RATESTotal amount of employee’swages for the calendar monthmore effective mechanism that could allowfor a proper distribution of resources withinthe community.One possibility is resource-sharing amongstmosques. There are 69 mosques, some withlarger monetary reserves than others due tovarious factors, such as the demography ofthe Muslim population in the areas wherethe mosques are located. All mosques obtainmost of their income from public donations,while some have engaged in profit-makinginvestments. Would it not be expedient formonetary and other resources from mosquesthat are better endowed to be channelled toothers that are in the process of upgrading,on a win-win basis? Could surplus fundsfrom the mosques also be channelled to themadrasahs on the same principle?The Islamic Religious Council of Singapore(MUIS) has full control over most mosquesin Singapore as provided for by AMLA point74.(1). Given this fact, I believe that MUIScould construct a system of mutual assistancebetween mosques which might help solve ourmonetary woes, at least in the next few years.In the long run, new programmes within themosques have to be devised to ensure thatthese institutions could generate their ownincome and depend less on donations.But the MBMF contribution would inevitablyhave to be increased eventually, even withstrong resistance from the community and/orat the risk of placing an added financial strainupon the low income earners as well as Muslimswith large families. Dr Yaacob has mentionedthat 80 percent of the Muslim communitywho are earning under $3000 will only pay anadditional dollar or less. For a clearer picture ofhis suggestion, the current contributions aredepicted in the table below.Amount of contributionspayable for the calendar month(1) Less than $1,001 $2(2) $1,001 or more but less than $2,001 $3(3) $2,001 or more but less than $3,001 $4(4) $3,001 or more but less than $4,001 $8.50(5) $4,001 or more $11KARYAWANContributions to the Mosque Buildingand Mendaki FundAn increase of $1 or less per month mayseem like a meagre amount for workingprofessionals but may not be so for thoseearning very low incomes. I would like tocounter-propose that a new scale be addedfor those earning $4,000 and beyond. It isstated above that those earning $4001 andabove will have to contribute $11 a month.Raising the amount for those earning highsalaries to require them to contribute moreto the community is a viable option. Nodefinite figures should be proposed untilthere has been further research into thismatter, and a public discussion on this issueis more than wanting.More immediately, in the midst of animpending economic crisis and a likelyincrease in unemployment, it will behelpful, if not a morale booster, for ministers,Members of Parliament (MPs) and otherswho earn high salaries to shoulder ‘the onedollar or less’ monthly raise in the MBMF. Theycan “adopt” groups of Muslims within thelower-income bracket who may experience© Association of Muslim ProfessionalsPermission is required for reproduction.

KARYAWANThe AMLA Amendments Overview‘The latest changes to AMLA could lead to disappointment ifpublic funds were disbursed only to those madrasahs that are inthe JMS and not to others that chose to opt out.’problems in paying the added amount tothe MBMF. Is this workable for the next fewyears to come? Are we ready to reconsiderour policies by looking at them through theeyes of the poor and the needy?On MadrasahsIt is clear that the Islamic religiouseducational system in Singapore needs tobe boosted in terms of new capacities andcapabilities. Over the years, many books,academic articles and opinion pieceshave been devoted to addressing thecircumstances that led to the stagnationof the madrasahs in historical Singaporeand at present. This has culminated inthe introduction of the Joint MadrasahSystem (JMS), to be implemented in 2009,whereby three madrasahs out of the sixhave chosen to opt out. On the one hand,the JMS is welcomed by a cross-sectionof the Muslim community as a stimulusfor the establishment of model Islamicschools. On the other, the latest changesto AMLA could lead to disappointment ifpublic funds were disbursed only to thosemadrasahs that are in the JMS and not toothers that chose to opt out. It is thereforea right move that the non-JMS madrasahswill eventually also be benefiting from theexpanded MBMF.The three madrasahs that opted out ofthe JMS system have been survivingwith minimal governmental funding, andhave been reliant upon private trusts anddonations since their founding. MadrasahAlsagoff imposes the lowest fees incomparison to the other six madrasahs.Madrasah Al Maarif and more recentlyMadrasah Wak Tanjong have produced finegraduates of local and overseas universities.Madrasah Alsagoff students are known tobe excellent graduates of Islamic universitiesin Malaysia and overseas. The level ofcompetency in the Arabic language amongits students is said to be the highest.Two out of the three madrasahs havemet the basic requirements of achievingthe targeted Primary School LeavingExamination (PSLE) score for them in 2008.There are, of course, exceptions to thesesuccess stories, and the same could be saidabout students in the national schools. If thethree non-JMS madrasahs are excluded fromthe MBMF scheme, it would more likely tolead to a hardening of their present stanceof staying out of the JMS.Seen in this light, I propose that the MBMFfunds meant for madrasah education bedistributed equally amongst all madrasahs,and that efforts be made to gain thecooperation of those that have not embracedthe JMS scheme. As for the JMS madrasahs,the onus is upon them and MUIS to ensurethat they provide high standards of religiouseducation so as to be fine exemplars for thenon-JMS madrasahs in Singapore and alsofor religious schools regionally and globally.Some ImplicationsThe debates surrounding AMLA and itslatest amendments have two other, widerimplications. First, surveys, if they are notalready done, should be conducted on theperceptions, views and attitudes of Muslimsin Singapore about AMLA, the recentamendments and the ways in which fundsshould be disbursed. By doing so, we canavoid the mistake of basing our discussions,arguments and decisions with regard toAMLA upon anecdotal evidence or uponthe voices of a select few. Secondly, thecontents of AMLA should be communicatedto the Muslim public. This could be takenup by the Centre for Research on Islamicand Malay Affairs (RIMA) with the assistanceand expertise to be gained from practisinglawyers and concerned academics.Although AMLA has now been madeavailable online, there is an urgentneed to provide clear explanations oneach of the AMLA provisions, includingthe embedded benefits and possibleimplications. Muslims in Singapore willbenefit greatly from the knowledge ofa law that serves to protect their rightsand ensure their welfare. This wouldalso help them be more aware of theroles and responsibilities of both thegovernment and the leaders of theMuslim community.A sense of inclusion, participation, andcitizenship among members of thepublic would help fend off any tendencytowards alienation. As it stands, there is apervasive ignorance among the membersof the Muslim public with regard to thegenesis, evolution and contents of theAMLA. This situation should not be leftunaddressed.Syed Muhd Khairudin Aljunied is Assistant Professor at the Malay Studies Department,National University of Singapore (NUS). His views are personal and do not reflect theposition of the department or NUS.13© Association of Muslim ProfessionalsPermission is required for reproduction.