Chapter 10 - Muslim-non-Muslim Marriage in Singapore

Summary

Marriages between Muslims and non-Muslims have attracted little research attention in Singapore. The few studies that exist focus essentially on legal issues within the conflict of law perspective. This chapter seeks to provide another dimension to the study of the phenomenon by examining the dominant style of thought of groups who select, interpret, and administer the Muslim personal law bearing on the problem. It also discusses the implications of this mode of thinking on the status and rights of parties and children of such unions. Some plausible measures in alleviating problems arising from the operation of the style of thought will also be discussed.

LAWS GOVERNING MARRIAGE INVOLVING MUSLIMS

Unlike the other religious communities in Singapore, Muslims are bound by a system of personal law which defines their legal rights and obligations in specific areas such as marriage, divorce, and matters of intestacy. In effect this means that they are subject to the operation of the Muslim law on these matters, regardless of their choice and which they cannot relinquish. This position of Muslims at law in contemporary Singapore reflects continuity from the colonial era. As early as 1823, Raffles, in laying down rules for Singapore, had provided that “in all cases regarding the ceremonies of religion and marriage and rules of inheritance, the laws and customs of the Malays will be respected where they shall not be contrary to reason, justice or humanity”. Though the introduction of the Charters of Justice in 1826 and 1855 made the English law and its administration the only applicable law in Singapore, Muslim personal law was observed via the Muhammedan Ordinances. This position persisted after independence with the enactment of the Administration of the Muslim Law Act (AMLA) in 1966. The AMLA applies to all Muslims and presumably ceases to have application only in the event of the Muslim abjuring Islam. It would be erroneous to assume that the AMLA was a State imposed legislation on the Muslim community. Select Committee representations to the Bill capture the consensual sentiments and contributions of prominent Muslim personalities and groups within the community towards the substance of the enactment. This indissoluble link between a Singaporean Muslim and the system of personal law is reinforced by the existence of provisions within specific national legislation touching on these areas, which have the effect of expressly xcluding or exempting Muslims from their purview.