Islam in Singapore - Legal History

Legal History

In 1915, the British colonial authorities established the Mohammedan Advisory Board. The Board was tasked to advise the colonial authorities on matters connected with the Islamic religion and custom.

In 1963, Singapore became part of Malaysia. Singapore separated from Malaysia and declared independence in 1965. The constitution of the independent republic included two provisions relating to the special position of the Malays and the Muslim religion i.e. Articles 152 and 153.

Article 152 states:

(1) It shall be the responsibility of the Government constantly to care for the interests of the racial and religious minorities in Singapore.

(2) The Government shall exercise its functions in such manner as to recognise the special position of the Malays, who are the indigenous people of Singapore, and accordingly it shall be the responsibility of the Government to protect, safeguard, support, foster and promote their political, educational, religious, economic, social and cultural interests and the Malay language.

Article 153 states:

The Legislature shall by law make provision for regulating Muslim religious affairs and for constituting a Council to advise the President in matters relating to the Muslim religion.

In 1966, Parliament passed the Administration of the Muslim Law Act (AMLA). The Act came into effect in 1968 and defined the powers and jurisdiction of three key Muslim institutions: (i) the Islamic Religious Council of Singapore, (ii) the Syariah Court, and (iii) the Registry of Muslim Marriages.

These institutions are under the purview of the Ministry of Community Development, Youth and Sports (MCYS) though the minister responsible for these institutions is the Minister-in-charge of Muslim Affairs.