Is Singapore’s Ministry of Law listening? But I have so much more to say!

Just as no sensible politician would normally like to tie her fate to one particular issue, I also do not wish to be classified as a 'one trick pony.' Yet, it would almost be negligent of me if I did not comment on recent changes to Singapore's Central Provident Fund (CPF) nomination rules for Muslims.

The Grand Moofti's regular readers are aware that Shariah law governs inheritance procedures for Singaporean Muslims. Consequently, under the Administration of Muslim Law Act (AMLA), a deceased Muslim's estate is divided on the basis of a formula prescribed by the Islamic Religious Council of Singapore (MUIS) interpretation of Islamic law.

CPF accounts are now exempt from a Muslim's estate for the purpose of compulsory distribution under Islamic inheritance law as required by AMLA. Recently MUIS issued a fatwa (in Malay – my comments below*) permitting Singaporean Muslims to nominate beneficiaries who will inherit their CPF monies following death.

Certainly, the move is an encouraging step in granting Singaporean Muslims full rights over the use of their assets. One can only applaud the decision.

However, the real test comes over time as the intent of Singapore's lawmakers becomes apparent. Is the move to exempt CPF accounts merely a one off measure designed to appease a certain segment of Muslims or does it represent the first in a series of steps towards dismantling a restrictive, religiously inspired parallel legal system which exists in an otherwise nominally secular state?

Let's be optimistic and assume that Singapore's Ministry of Law has recognized the potential disruptions posed by maintaining a parallel legal system. If that is the case, then the next logical step in rolling back AMLA will be to exempt Housing Development Board (HDB) apartments from a Singaporean Muslims estate. That is allow, Muslims to nominate beneficiaries of their HDB apartments following death.

Like me, I am sure many Muslims see a glimmer of hope in the increased flexibility now available to us in bequeathing CPF money. Undoubtedly, gradual evolutionary change is a more orderly approach to implementing reform. Let us hope that more such reform steps are in the works.

Below is the text of a letter sent to the Straits Times Forum on September 25, 2010. The letter has not been published (at least not yet). Perhaps the paper is uncomfortable pushing the subject at this time.

To the Editor:

Many Muslims will be encouraged by the authorities' recent decision to exclude CPF accounts from the list of assets included under the purview of the Administration of Muslim Law Act (AMLA). Consequently, like all other Singaporeans, Muslims now have the flexibility to nominate beneficiaries to inherit their CPF account balances following death.

The move goes some way in addressing the inequities faced by Muslims in managing their personal financial assets. However, there still remains a need for greater reform to bring Muslim financial freedoms in line with the flexibilities enjoyed by non-Muslim Singaporeans. 

As a next step, the authorities may consider exempting HDB units from a Muslim's financial asset base which, under AMLA's provisions, is forcibly distributed based on specific principles of the Shariah. Muslim Singaporeans should be granted the right to nominate individual family members as inheritors of apartments following their death.

Currently, HDB has no such 'nomination' system and legacy arrangements for HDB units must be a part of a comprehensive Will – an option restricted for Muslims by the Administration of Muslim Law Act.

Sincerely,

Imran Ahmed

* It is important to emphasize that the MUIS fatwa was issued in Malay. One understands that the majority of Singapore's Muslims speak Malay. However, Singapore's lingua franca is English. Surely, MUIS can consider issuing the original document in bilingual form – English and Malay – for non-Malay speaking Muslims.

Singapore’s secularism – is there an opt-in clause for Muslims?

Many may consider Singaporean Muslims to be a privileged segment of the Republic's population.

Muslims are served by a Minister in Charge of Muslim Affairs, a Mufti operating under the auspices of the Islamic Religious Council of Singapore (MUIS) and, in some matters, are subject to Islamic law under the Administration of Muslim Law Act (AMLA).

The relationship between Singaporean Muslims (read Malay/Muslims) and the state is a delicate one. The sensitivities are generally due to the peculiar history of being a Chinese majority city-state which seceded from a larger Malay dominated federation.

For Singapore's Muslims, secularism must mean more than just the freedom to drink alcohol and/or eat during Ramadan

Perhaps that is why Singapore's legal relationship with Islam perplexes me at times.

Singapore is a secular state, theoretically. No one dare question me if I consume alcoholic drinks in public or private. That is my choice.

Yet, the AMLA has several conditions which impinge on the civil rights of Muslim citizens. For example, a Muslim is unable to write a Will assigning more than 33% of his wealth to his preferred heirs. AMLA forbids it.

Put another way, the law dictates that as a Muslim I cannot give 100% of my wealth to (say) my mother if I wished. I can only leave a maximum of 33% to my mother. Under Singapore law, the remaining 67% of my wealth must be distributed by MUIS (based on Islamic law).

I find this odd legislation for a secular state.

All citizens of a secular state have the right to hand down their wealth as they see fit. To take the choice away on the basis of religious law is, well, not secular!

While referring to the Singapore government's decision to allow casinos on the island, the Minister in Charge of Muslim Affairs, Dr. Yacoob Ibrahim said:

We understand that in our multi-ethnic and multi-religious society, it is not tenable for government policies to be dictated by the views of any one group or groups. If we go down that road, then should we ban abortion or the use of condoms because some religious groups are against them? Or should we ban the sale of meat in line with the convictions of groups who believe that animals should not be slaughtered for food? It is in the interest of all Singaporeans that policies are not dictated by the views of any group.

Choice is the bedrock of freedom within a secular society. Hindus exercise choice if they eat beef and Catholics if they use a condom. Similarly, Hindus exercise choice when not eating beef and Muslims when not drinking alcohol. Freedom of choice should prevail in all matters of personal conscience.

Wills are valid legal documents in many Islamic countries. This is a plaque commemorating the Will of Mohammad Ali Jinnah, the Founder of Pakistan, at the Sindh Madrassa in Karachi

Muslims deserve the same choices which other Singaporeans take for granted. One such (lack of) choice pertains to the law of inheritance. There are also other instances.

AMLA creates a parallel legal framework based on religious law which is applicable only to Muslims. By removing freedoms on the basis of religious law, AMLA defies the norms and liberties found in a secular society.

Secular freedoms permit all of us to order our lives on the basis of our own conscience and religion. To some that freedom may result in their foregoing the right to draft a Will or not gambling.

Personally, I want these freedoms for myself, not as a diktat from the state. It all comes back to choice.

Singapore is a harmonious multi-racial society. The various organs of state, including MUIS, play a valid role in maintaining a balanced society. For the most part, Singapore is a secular state.

I hope to rewrite this commentary one day without the phrase, 'for the most part.'

The Islamic Religious Council of Singapore

The Majlis Ugama Islam Singapura (MUIS), also known as the Islamic Religious Council of Singapore, was established as a statutory body in 1968 when the Administration of Muslim Law Act (AMLA) came into effect. Under AMLA, MUIS is to advise the President of Singapore on all matters relating to Islam in Singapore.

The role of MUIS is to see that the many and varied interests of Singapore's Muslim community are looked after. In this regard MUIS is responsible for the promotion of religious, social, educational, economic and cultural activities in accordance with the principles and traditions of Islam as enshrined in the Holy Quran and Sunnah.

The role of MUIS is to see that the many and varied interests of Singapore's Muslim community are looked after. The Council of MUIS is the overall decision-making body and is responsible for the formulation of policies and operational plans. The Council comprises the President of MUIS, the Mufti of Singapore, persons recommended by the Minister-in-Charge of Muslim Affairs and other persons nominated by Muslim organisations. All members of the Council are appointed by the President of Singapore. (MUIS Website)