Fiqh Aqalliyyat & Maqasid As-Shariah –

Case Study of Singapore *

By

Fazrihan Bin Mohamed Duriat

26 April 2015

The views in this paper are solely those of the author and should not be
attributed to other parties. This paper was originally submitted to Singapore
Management University as part of partial fulfilment of the requirements for the
Masters of Laws (Islamic Law & Finance).

* The views in this paper are solely those of the author and should not be attributed to other parties. This
directed research was originally submitted to Associate Professor Andrew White from Singapore Management
University on 26 April 2015 as part of partial fulfilment of the requirements for the Master of Laws (Islamic
Law & Finance).

Page 1 of 61
 Content Page

Abstract / Objectives 5

Part I – An Introduction to Fiqh Aqalliyyat for Muslim Minority 5

 Origin and Objectives of the Model
 Features of the Model
 Criticisms of the Model
 Summary

Part II – Case Study of Singapore 11

 Application of the Model in Singapore
 Administration of Muslim Law Act (AMLA)
 Key Islamic Institutions – MUIS, ROMM, Syariah Court
 Religious Matters under Management
 Islamic Banking – An alternative to Conventional Banking

Part III – Maqasid As-Shariah in Singapore 15

 Analysis of the Model in Singapore Using the Maqasid
1. Faith / Religion (deen)
2. Lives (nafs)
3. Intellect (aql)
4. Lineage / Posterity (nasb)
5. Wealth (Mal)

Part IV – Future of Contemporary Fiqh in Singapore 30

 Synopsis
 Fiqh Dynamism
 AMLA
 Muslim Youth
 LGBT Movement
 Social Integration
 Adoption of Shariah by Singapore Courts
 Education
 Business Strategy to Push Islamic Finance

Page 2 of 61
Part V – Conclusion 38

References 42

Appendices 45
 Appendix A – Muslim Minorities around the World
 Appendix B – Masjid Sultan, the Symbol of Islam in Singapore
 Appendix C – Islamic Finance Players in Singapore
 Appendix D – Islamic Courses in Singapore
 Appendix E – Managing the Wealth of Muslims in Singapore
 Appendix F – Decline of Islamic Finance in Singapore.
 Appendix G – Expansion of the Definition of “Asnaf”
 Appendix H - Current state of Wakaf in Singapore
 Appendix J – Lack of Authenticity in Islamic Financial Products
 Appendix K – Current Asatizah Programmes
 Appendix L – Business Strategy to Grow Islamic Finance in Singapore
 Appendix M – Sectarianism of Islam in Singapore

Page 3 of 61
 Directed Research Paper for Associate Professor Andrew White
(International Islamic Financial Centre) in impartial fulfilment of the
requirements for the Master of Laws (Islamic Law & Finance)
(Singapore Management University)

Acknowledgement

Foremost, I would like to express my sincere gratitude to my supervisor, Assoc. Prof. Andrew
White, for his patience, motivation, enthusiasm, and immense knowledge in law and fiqh
muamallat to support my study and research in Islamic law and finance in SMU, His guidance
helped me focus on my research and writing of this directed research paper.

Besides my supervisor, I would like to thank the rest of my teachers who have helped in gaining
more insights and knowledge on my other LLM modules and understand business, law and
Islamic finance - Prof. Saw Cheng Lim, Assoc. Prof, Adel Damien, Adjunct Assoc. Prof Chen Mee
King, Adjunct Assoc. Prof. Hooman Sabeti-Rahmati Mr. Patrick Rochette and Prof Michael
Furmston for their encouragement, insightful explanation and, of course, their sense of humor.

My sincere thanks also goes to Assoc. Prof. Pasha Hsieh for guiding me to write a research paper
entitled “Minority Rights in Taiwan & Analysis of its Muslim Community With Singapore,
International Law and Fiqh al-Aqalliyyat” to complete my module relating to law study mission to
Taiwan (in October 2014).

I am grateful to my all fellow classmates, especially AbdelMonim, Dharmendra, Vishal and Algene
for the long hours we worked together preparing group presentations and for all the fun we had
in the last 1 year.

I also thank Joanne Poon, Assistant Manager of SMU School of Law (Graduate Programmes) for
all her fast and efficient student support throughout my student life here.

Last but not the least, I would like to thank my parents Taliha and Mohd Duriat, my wife Grace
Suriadi, my close friends, Ummi Jamaliah and Firdaus Harun Rashid, and my teachers, Shaykh
Zakaria Bagharib, Habib Syed Ahmad Semait and Ustaz Ibrahim Kassim Qadri-Chisty for
supporting me spiritually throughout my life.

26 April 2015

Page 4 of 61
 Abstract

The Little Red Dot with a 5.5 million multi-ethnic population and first world economy has a
14.7% Muslim minority group. Despite being a secular nation, the Muslims (who are mostly
Malays) can practice their deen in accordance to the Administration of Muslim Law Act.
Influenced mainly by the Shafie juristic school of thought, the fast evolving environmental
changes have urged scholars 1 to offer new solutions to Muslims who face specific problems
unique for Singapore context. The development of contemporary fiqh based on principles of
the Koran and Sunnah led to scholarly works on Fiqh Aqalliyyat. This paper aims to analyse
its effectiveness through the maqasid, how Singapore can overcome new challenges and
what the recommendations are for the nation to improve the state of Muslims through the
harmonisation of both secular and Shariah laws.

Objectives

This paper will analyse the model of Fiqh Aqalliyyat and discuss how Muslims in Singapore
have applied this model to live in a multi-religious society. The objectives of this paper are as
follows:

 Introduce the concept of Fiqh Aqalliyyat model (“Model”)

 Expound the main features of the Model and its critics
 Apply the Model to determine how Muslims have institutionalised their religion in
Singapore
 Analyse whether the Model has helped Singapore reach its Maqasid As-Shariah
 Suggest ways Singapore can improve the conditions of the Muslim minority in future

PART 1 – AN INTRODUCTION TO FIQH AQALLIYYAT FOR MUSLIM MINORITY

Origin and Objectives of the Model

Fiqh Aqalliyyat (“Model”) (‫األقـلـيـات‬ ‫ )فـقـه‬is defined as “Islamic jurisprudence for a community
that lives as a minority” (MUIS2, 2014). It was developed by two (2) contemporary scholars:

1. Shaykh Dr. Taha Jabir al-Alwani from Virginia

2. Shaykh Dr. Yusuf al-Qaradawi from Qatar

1
To ease discussion in this paper, scholars shall refer to anyone recognised under the MUIS Asatizah Recognition
Scheme. Traditionally, scholars are ulama who have acquired in depth both outward and inward knowledge of the
prophet. They are able to guide people through their hearts and when presented with a very complication problem,
they give a solution based on inspiration, which is simple yet practical. Hence, the real definition of scholars are “the
inheritors of the prophets” (Related by Tirmidhi, Abu Dawud, Nasa’i, Ibn Maja, Ahmad and Ibn Hibban,)
2
Majlis Ugama Islam Singapura (Islamic Religious Council of Singapore) in its Friday sermon dated 14 November
2014 (21 Muharram 1436) entitled “Fiqh Aqalliyyat – Dealing with the Realities of Life” accessible at
www.muis.gov.sg, accessed 01 March 2015.
Page 5 of 61
 According to Shaykh Taha Jabir al-Alwani, this Model guides the Muslim minority based on
Shariah principles as it analyses the “relationship between the religious ruling and the
conditions of the community, including the location it exists” (Alwani, 2012). According to
Yusuf al-Qaradawi (2003), the Model serves the Muslims (especially the West) to work
together and preserve the identity of existing Muslims and new converts; not for other
religions to dominate them.

Hence, a fatwa (Islamic legal verdict) issued by a specific country is applicable to a particular
Muslim minority group only. It may not be relevant for other countries as the context is
different. MUIS in its Risalah explains that “…fiqh is not an abstract field studied in a vacuum.
The process of deriving rules should be given equal consideration as the conclusions…”

There are about 1.6 billion Muslims worldwide but 20% of them live as minorities (Hassan,
2013). The countries with minorities include North America, Western Europe, India, China,
Russia, Tanzania, Thailand and Sri Lanka. The statistics are in Appendix A.

The objective of the Model is to ensure that Muslim minorities who face unique problems can
still practice their religion and maintain good relationship with the non-Muslim majority. The
purpose of the Model is “not to recreate Islam”, but it involves methodologies to guide
scholars how to solve new problems faced by Muslim minority who is under a non-Muslim
government3.

The Model also creates an opportunity for the Muslim minority to maintain a “thick and rich
relationship of moral obligation and solidarity with non-Muslims”. A win-win situation is
expected – the Muslims can practice their religion and live peacefully with the non-Muslims
while the good manners portrayed by the Muslims will be a form of da’wah4 (March, 2009).

Features of the Model

The Model is derived from fiqh (i.e. literature of Islamic jurisprudence). According to MUIS
(2006) in its Risalah, the study of fiqh should not be restricted to classification of actions and
rituals into the traditional five categories 5. The Model aids the Muslims in decision-making
with these objectives:
َِّ ‫ح ۡبل ِّمن‬
‫ٱّلل‬ َ َ
6


 7 ِّ ‫َح ۡبل ِّم َن ٱلن‬

‫َاس‬
 Personal decision-making in line with spirit of Shariah

3
Alwani, Op. cit.
4
Missionary work to invite non-Muslims appreciate and embrace Islam as their religion.
5
The five categories are wajib (compulsory), makruh (discouraged), sunnah (encouraged), haram (forbidden) and
mubah (permissible).
6
Relationship with god
7
Relationship with all other humans. This includes strengthening family ties and the perseverance in maintaining
relationships with other communities.
Page 6 of 61
 The model is associated to “wasatiyyah8” principle in which Yusuf al-Qaradawi believes that
“Muslims, as members of a nation with a global mission, have a duty to live in and influence
western [or other non-Muslim majority] countries because these countries currently rule the
world” (Rekhess and Rudnitzky, 2013). In the event there is a conflict between Shariah law
and state law, a compromise has to be reached. Hence, the Model allows Muslim minority in
that particular county to use the Model to accommodate to the situation of that place at that
time (Parray, 2012). This is based on the notion that Islam is a universal religion without any
territorial boundaries (i.e. ‘alamiyyat al-islam). Without the Model, life would be too difficult for
the Muslim minority.

ُ ِّ‫ََل يُ َكل‬
…‫ف اللَـهُ نَـ ْف ًسا إََِّل ُو ْس َع َه‬
Allah does not burden any human being with a responsibility heavier than he can bear...

- Koran, Surah Baqarah. Verse 2869

The six (6) main concepts explaining the Model 10 are ijtihad, maslaha, darura, taysir al-fiqh
(making fiqh easy), ‘urf (custom), and changes in rulings according to time and place (Parray,
2012), some of which are briefly explained below:

 Ijtihad refers to the exertion of one’s utmost effort to achieve an objective 11. It refers to
the intellect work of scholars or jurists to infer a ruling from the primary 12 sources of
Shariah. This tool is relevant considering that Muslim minority must obey both the state
law and Shariah law.

 Maslaha relates to public welfare. Jurists, scholars and leaders of the Muslim community
should make a decision on what is best for the community to safeguard public interest
and welfare while at the same time, avoid mafsadah (harm) and alleviate mudarrah
(difficulties). It is one of the secondary13 sources of Shariah.

8
Defined by MUIS as “being balanced as guided by the Koran”, See Friday sermon on 7 November 2014 - A Balanced
Religious Life, http://www.muis.gov.sg/cms/uploadedFiles/MuisGovSG/Khutbah/E14Nov7%20-
%20Wasatiyyah.pdf, accessed 28 January 2015
9
With reference to the Quran translated by Sayyid Abul Ala Maududi.
10
In my opinion, the concept of umumul balwa is also relevant in the jurisprudence of fiqh minority. MUIS clarified
that when a matter becomes too widespread and is difficult to avoid, then the matter becomes the norm and forgiven.
As an example, a Muslim butcher will always be in contact with meat and blood. As blood is considered filth, he will
try his best to avoid his clothes from being stained because he needs clean clothes to perform the daily prayers.
11
Al-Fīrūz Ābādī, Majd al-Dīn Muhammad ibn Ya‘qūb, al-Qāmūs al-Muhīt, Dār al-Kutub al-‘Ilmiyyah, Beirut, 1995,
vol. 1, pg. 396.
12
Primary sources include the holy Koran (i.e. divine words of god in His last revelation) and Sunnah (i.e. words and
behaviour) of god’s last messenger of the Semitic religion. The words of the prophet can be found mainly in the corpus
of hadith namely Sahih Bukhari, Sahih Muslim, Sunan Ibn Majah, etc. Details will not be elaborated in this paper
13
The various secondary sources i.e. ijma’, qiyas, maslahah, Sadd al-Zara’ii, Istishab, Istihsan, fatwa of a Companion,
etc.
Page 7 of 61
  Darurah refers to a state of exigency or dire situation. This is where a Muslim is excused 14
from adhering to Shariah during a critical state. For example, a Muslim is allowed to eat
minimal pork or drink wine when he is in a location with no other food or water, only with
the intention to stay alive. Darurah is allowed based on legal maxim below:

Necessity renders prohibited things permissible.

- Majelle article 21

 Taysir al-fiqh is linked to the attitude of scholars who need to facilitate the lives of Muslims,
instead of being rigid and impose strictness. This is because the intention of Shariah is to
achieve falah (i.e. success) for the Muslims through concessions and flexibilities granted.

 Urf is based on customary practice before Islam came. In many circumstances, traditions
are allowed as long as they do not contradict Shariah.

The Model can be justified based on hadith below:

‫َخ َذ أَيْ َس َر ُُهَا َما َْ يَ ُك ْن إِّ ًْْا‬

َ ‫ْي أ َْم َريْ ِّن إَِّلَ أ‬ َِّ ‫ول‬
ُ ‫َما ُخِّ َّي َر ُس‬
َ ْ ‫اّلل صلى هللا عليه وسلم بَـ‬
ِّ ِّ ‫فَِّإ ْن َكا َن إِّ ًْْا َكا َن أَبـع َد الن‬
ُ‫َاس م ْنه‬ َْ
Whenever Allah's Messenger ( ‫ )ﷺ‬had to choose between two things 15 he would adopt the
easier one, provided it was not sinful, but if it is sinful, he would the one of all people to stay
farthest from it …

- Sahih Muslim, Book 43, Hadith 103

Criticisms of the Model

The Model has been in debate among scholars. The most obvious criticism is from Hasan al-
Banna who states that “Muslims who adopt the citizenship of a non-Muslim state commit a
grave sin that warrants divine punishment” (Rekhess and Rudnitzky, 2013, p.40). In my view,
this is not a fair statement. Yusuf al-Qaradawi refuted that idea. The Koran mentions that god
created mankind into “nations and tribes, that ye may know each other 16”. Hence, since the
whole universe contains elements of diversity and pluralism, Islam can exist anywhere. The
fact that non-Muslim states are generally secular (i.e. indifferent to all religions) and not anti-
Muslims17 implies that Muslims can live in such societies.

14
This is supported by the legal maxim of the Majelle article 21, stating “Necessity renders prohibited things
permissible”.
15
There is a similar ruling in the Majelle article 29 stating “The lesser of two evils is preferred”.
16
Surah al-Hujurat, verse 13.
17
Societies that are anti-Muslims are called Dar al-Harb, defined as “territory outside Muslim jurisdiction…
inhabitants of such territory are at war with the Muslim ummah”. Here, Muslims will fight and slay the polytheists.
(The Concise Oxford Dictionary of World Religions, 2003)
Page 8 of 61
 Another issue raised is that the Model is a bid’ah (i.e. innovation) (Parray, 2012). I disagree
with this idea. The life of the Prophet Muhammad (‫ )ﷺ‬and his companions in Mecca provides
an example of the Model – the Muslims were living for thirteen (13) years in an area
dominated by the idolaters. In addition, Muslims also stayed in Abyssinia under the care of a
just Christian king (Prof Siddiqui, 2011). Hence, the Model is an effort to contemporise fiqh.
According to Haniff Hassan 18 and Sharifah (2011), contemporising fiqh is not a bid’ah. In fact,
it is necessary to ensure that the fiqh rulings are formulated in line with realities (i.e. fiqh al-
waqi19).

The Model is also perceived as taking religious matters lightly. However, MUIS (2014)
clarified that the objective is to provide guidance and remove hardship and challenges faced
by Muslims when living in a multi-religious country. In my opinion, dispensation (i.e.
rukhsah20) is necessary to ensure that Shariah can still be practised by the Muslims
minorities.

In addition, it is unsure whether the Model is able to garner support from the Muslims and
unify them because it seems to be misaligned from Shariah. I defer with that because the
Model is applied based on Shariah principles taking into consideration the situational local
context, hence it is a “specialization and not a deviation” from Shariah (Parray, 2012). In
addition, it is well-accepted among scholars today that the Model, if applied correctly (i.e.
based on manhaj 21), does not change the fundamental of religion. Instead, it addresses
problems of Muslim minorities relating to their daily lives, in line with the universal values of
the Koran and Sunnah. To prevent further deterioration of Islamic values in a secular country
like Singapore, one has to take note of a legal maxim 22 stating “a greater harm is eliminated
by means of a lesser harm”.

Lastly, RECDO (2011) mentioned that the Model may undermine the allegiance of Muslims
as they are made to obey laws set by non-Muslims. In my opinion, there is no dual allegiance.

18
Mr Haniff Hassan is a fellow at the S. Rajaratnam School of International Studies (RSIS). He holds a Ph.D. in
Strategic Studies from Nanyang Technological University (NTU) and received his Islamic education at Aljunied
Islamic School and Universiti Kebangsaan Malaysia and graduated with honours in Syar'iah and Civil Law. He is
active as a member of the Syariah Appeal Board under Islamic Religious Council of Singapore, the Islamic Advisory
Board for HSBC Insurance (Singapore) (from 2000 to 2014), the Association of Islamic Scholars and Religious
Teachers Singapore (PERGAS), Board of Governance of Madrasah Al-Irsyad Al-Islamiyah and Political Film
Advisory Committee under the Media Development Authority of Singapore.
19
Fiqh al-Waqi’ has the general meaning of “understanding of contemporary problems”. It is defined as “a discipline
that discusses the current state of jurisprudence in terms of factors that affect the community, state, thoughts that
provokes the deviation of faith and also about ways to protect the Muslims people and Muslims community’s progress
at the present and future.” Some scholars classify this term to mean “Tahqiq al-Manat” and such concept was indirectly
inferred by great scholars such as Imam Ghazali (Anas bin Mohd Yunus, Anisah binti Ab. Ghani, Saadan bin Man,
Mahani binti Mohamad, Wan Mohd Yusof bin Wan Chik, 2013).
20
The word “rukhsah’ appeared in the Straits Times “Putting Islamic teaching in context”, 7 October 2005. It refers
“to a provision in the syariah which allows exemptions from a general rule, in the event that the rule involves or causes
a debilitating difficulty”.
21
Manhaj refers to the correct methodology of doing things. Religious rituals must be practised based on proper
manhaj derived from established sources, else it is considered invalid, deviated or unsound.
22
Legal maxims are also known as qawa‘id al-kulliyah al-fiqhiyyah. According to Prof Hashim Kamali, they are
“theoretical abstractions, usually in the form of epithetical statements that are expressive, often in a few words, of the
goals and objectives of the Shariah”. See http://www.sunnah.org/fiqh/usul/Kamali_Qawaid_al-Fiqh.pdf, accessed 10
March 2015.
Page 9 of 61
 Muslims, wherever they are, must continue to observe the Islamic rituals and practices. At
the same time, as citizens, they must be aware that they are under the protection of their
local government, whether Muslim or otherwise. Hence, as long as the government is fair
regardless of race or religion, it is the duty of every Muslim to work with those in authority to
collectively ensure a progressive and harmonious society.

ۡ‫ول وأُوِِّل ۡٱأل َۡم ِّر ِّمن ُكم‬ ِّ َ ْ‫َطيعوا‬ ِّ ِّ َ

ْ َ َ ‫ٱّللَ َوأَطيعُواْ ٱل َر ُس‬ َ ‫َٓأَيَيُّـ َها ٱلذ‬
ُ ‫ين َء َامنُـأواْ أ‬
O Muslims, obey Allah, and obey the Messenger, and those charged with authority
among you…

- Koran, Surah An-Nisa, verse 49

Summary

The steps used by scholars in applying the Model are as follow:

1. Issue - Establish the root cause of the problem raised by the Muslim minority;
2. Precedent - Understand how previous fiqh judgements were issued;
3. Application - Make a decision23 without deviating from Shariah principles.
4. Quality - Forbear yet be steadfast in holding on the deen. This is where scholars have to
ensure that the fundamentals of Islamic doctrine are not jeopardised.

Islam is not a static religion. Its interpretation based on the primary and secondary sources
of Shariah also changes to keep up with the world development, ensuring that any new
problems faced by Muslim minority are can be resolved. Islam does not to give extra
difficulties, but alleviates and improves humans and society spiritually, economically and
intellectually. Hence, any criticisms against the Model must be managed with sound facts. As
scholars learn more about religion and other sciences of knowledge (e.g. humanities,
international relations, biology, political science, etc.), they began to realise that the Model is
indeed beneficial to the Muslims minority.

ِّ ‫اّلل بِّ ِّه َخيـرا يـ َف ِّق ْههُ ِِّف‬ ِّ

ِّ ‫الد‬
... ‫ين‬
،
ُ ً ْ َُ ‫ َم ْن يُ ِّرد‬...
Allah's Messenger (‫ )ﷺ‬said that “If Allah wants to do good to a person, He makes him
comprehend the religion...”

- Sahih Bukhari, Book 3, Hadith 13

23
Alwani (2012) clarifies that this decision-making has to consider political, economic, cultural, social, and legal
elements.
Page 10 of 61
 PART II – CASE STUDY OF SINGAPORE

Application of the Model in Singapore

This Little Red Dot in Southeast Asia has other religions such as Baha’i faith, Buddhism,
Christianity, Hinduism, Judaism, Sikhism and Taoism (Young AMP, 2013). According to Black
(2012), Malay ethnicity24, culture, language and the Shafie madhab dominate in Singapore.
Singapore was historically known as Temasek and part of the Johore Sultanate before the
British came to colonise and grant independence in 1965. During the colonial rule, the British
colonists allowed customary laws to be applied locally. These laws relate primarily to family
and religious matters (Rasban, 2010).

There are about 5.47 million people in Singapore, where only 14.7% of them are Muslims
(Singapore Department of Statistics, 2014).

Ethnics Chinese Malay25 Indian

Percentage who
0.4% 98.7% 21.7%
are Muslims

The Singapore government ensures that the role of religions in the state do not in any way
interfere the social peace and stability of the country. Besides having enacted relevant acts 26,
MUIS27, PERGAS28 and AMP29 assisted in this via formal and informal co-optation (Walid
Jumblatt Abdullah, 2012), ensuring that any potential conflicts30 between the Muslims and the
secular state can be detected and immediately resolved.

The last tenet of the state’s [Singapore’s] secular policy is the view that religion and politics
must be kept strictly separate.

- Lily Kong31 (1992)

The application of Model in Singapore led to administration of estate, zakat, property and
marriage.

24
Refer to Appendix B showing Masjid Sultan as symbol of Islam in Singapore and religious heritage for the Malays.
2525
Sometimes, the word “Malays” and “Muslims” are used interchangeably in Singapore as more than 90% Muslims
in Singapore are Malays.
26
Societies Act, Penal Code & Sedition Act, Internal Security Act, Maintenance of Religious Harmony Act
27
Majlis Ugama Islam Singapura, the Islamic Religious Council of Singapore
28
Persatuan Guru-guru Agama dan Ulama’ Singapura, Singapore Islamic Scholars and Religious Teachers’
Association, http://www.pergas.org.sg, accessed 15 March 2015 to 20 April 2015,
29
Association of Muslim Professionals
30
On 13th and 14th September 2003, PERGAS hosted a conventional of religious scholars to reinforce the theme of
moderation in Islam and condemnation of extremism (PERGAS, 2004).
31
Department of Geography National University of Singapore, 10 Kent Ridge Crescent, Singapore 0511.
Page 11 of 61
 Administration of Muslim Law Act (AMLA)

The Muslim community is rather special 32, being the only community in Singapore whose
affairs are regulated in the national statutes 33.

The AMLA was formulated by the late Professor Ahmad Ibrahim 34 to replace the Muslims’
Ordinance and Mohammedan Advisory Board after Singapore gained independence from the
British colony. The Singapore Constitution is drafted to promote legal pluralism and create a
special status for Malays as indigenous 35 people of Singapore (Minority Rights Group, 2014).
The AMLA empowers MUIS to interpret Islamic law on behalf of all Singaporean Muslims.
AMLA covers many areas for MUIS to look into, for example, the administration of yearly hajj
pilgrimages, halal certification, wakf and zakat funds and alerting the Muslims concerning
false Islamic doctrines spreading. However, MUIS do not have any power to impose fine or
penalty to anyone who breaches the AMLA 36 except when criminal breach is also involved.
The following offences 37 will be heard and concluded in Singapore civil courts:

 Failure to pay zakat

 Cohabitation outside marriage
 Enticing an unwedded woman away from her guardian
 Deviant teachings

Key Islamic Institutions – MUIS, ROMM, Syariah Court

MUIS is an Islamic authority officially recognised by the Singapore government as a statutory

body. Formed in 1968 after AMLA was enacted, MUIS is under the care of the Ministry for
Community Development and Minister-in-Charge of Muslim Affairs. Its sole function is to
advise the President of Singapore on ALL matters on Islam and help resolve any religious
issues faced by the Muslim community. According to Hussain Mutalib (2008, p.51), MUIS has
“become professionally managed, multi-million dollar, modern statutory body” because
Muslims in Singapore given support, either via zakat or through regular crediting of monies
from their salary accounts.

32
Lily Kong (1992) had earlier made reference to the Singapore Constitution (1985:73) stating it is the duty of the
government to “to protect, safeguard, support, foster and promote their political, educational, religious, economic,
social and cultural interests and the Malay language”.
33
Rasban, op. cit.
34
He received his formal education in law from Cambridge University and University of Singapore. His last post was
as a dean, Kulliyyah of Laws, International Islamic University, Malaysia. See his biography:
http://ibnyahya.com/1999/professor-ahmad-bin-ibrahim/, accessed 10 March 2015
35
There seems to be a precedence to some degree. In retrospect, the Prophet (‫ )ﷺ‬drew up the Charter of Medina to
accept other religions to be part of his community. The non-Muslims were assured peace and freedom to practise their
religions.
36
Ahmad Nizam bin Abbas, The Islamic Legal System in Singapore, Pacific Rim Law & Policy Journal, Vol 21 No.
1, Jan 2012 issue.
37
Black, op. cit.
Page 12 of 61
 When new problems arise, MUIS shall involve its Fatwa (i.e. Islamic legal) committee
comprising local scholars to meet and give a resolution. A list of recent fatawa38 can be found
in its official website39. The MUIS fatwa committee comprises five (5) fit and proper personnel:

 Mufti as chairman
 2 MUIS members
 2 non-MUIS public members

The role of this fatwa committee is unique as its role in interpreting Shariah law is for both40
the Syariah and civil courts, though the latter respects and not bound by the committee’s
rulings. The fatawa can touch on the following matters which have never been discussed by
scholars before:

 Finance and estate matters

 Zakat
 Family matters
 Permissibility of new medical advances
 Rulings whether certain religious groups are involved in deviant teachings

Fatawa are necessary to ensure the continuation and relevancy of Islamic jurisprudence for
Muslims to observe without compromising Shariah. Currently, only MUIS is authorised by the
Singapore government to give fatawa. Meanwhile, PERGAS, being regarded as the main
umbrella body for Muslim local scholars, supplements by providing commentaries, working
papers, media statements and responses on pressing Islamic matters.

The Syariah Court manages Islamic personal law i.e. marriages, divorces, custody of children
and inheritance of wealth / estate planning. It provides counseling, divorce application and
procedures, cases for appeal, inheritance certificates and collection of official courts
documents41. It also ensures fair disposal of wealth after divorce, sufficient payment of dowry
and alimony. While the Syariah Court will issue a certificate of inheritance (where estate
planning is concerned), letters of administration and grant of probate will be issued separately
by civil courts. There is some sort of “shared arrangement” and “concurrent jurisdiction” 42. In
another example, the Syariah Court can make decisions pertaining to Islamic divorces but
spousal maintenance and protection order will be decided by civil courts. The civil courts will
also consider Islamic principles when a Muslim couple wants to adopt a child 43.

38
Plural form of “fatwa”. Fatwa is a legal verdict based on interpretation of Shariah given by an Islamic authority.
39
Majlis Ugama Islam Singapura (Islamic Religious Council of Singapore), www.muis.gov.sg, accessed 05 December
2014 – 20 April 2015.
40
Black, op. cit.
41
Syariah Court of Singapore, https://app.syariahcourt.gov.sg/, accessed 01 December 2014
42
Black, op. cit.
43
The adopted child will still keep the name of his or her natural parents. It is forbidden in Islamic law for the child
to carry the name of the adoptive parents.
Page 13 of 61
 Based on Section 55 of the AMLA, Muslims in Singapore can also make appeals after the
Syariah Court has made its decisions. An Appeal Board may “confirm, reverse or vary the
decision of the Syariah Court” (MUIS, 2015).

Lastly, the Registry of Muslim Marriages (“ROMM”) will carry out wedding ceremonies in
accordance to Syariah and administer the registration of Muslim marriages and divorces,

Religious Matters under Management44

All the Islamic schools (i.e. madaris45) comply the Education Act and will be administered by
MUIS under the AMLA46. While the mosques (i.e. masajid) will provide basic Islamic courses
(i.e. fardu ain), the madaris47 are intended to produce “religious elites to lead the community
on religious matters” (MUIS, 2015).

While the madaris teach Islamic sciences and Arabic language, secular subjects such as
Mathematics, Science, English and Malay are also taught, in consultation with the Ministry of
Education of Singapore.

MUIS and the Association of Muslim Travel Agents (Singapore) work together to administer
haj services for the Muslims in Singapore. The activities include the following:

 Coordination with the Saudi authorities

 Pilgrims requirements such as accommodation, vaccination and visa
 Medical welfare
 Briefing the pilgrims pertaining to haj rituals

Islamic Banking – An alternative to Conventional Banking

Islamic Banking are banking activities which comply with Shariah principles e.g.:

1. Avoidance of interests, uncertainty, gambling and speculation;

2. Earnings of profits through risk and labour; and
3. Transparency in the disclosure, documentation and operations

The Emeritus Senior Minister Goh Chok Tong once said 48 that Singapore cannot be a
complete international financial centre unless Islamic financial services are offered as well.
Subsequent to the government’s plan to implement Islamic finance in Singapore, the

44
These include issuance of fatawa, administration of Hajj and Umrah, halal certification, wakf, nazar, madrasah
education, zakat, marriages, divorces, custody of children, inheritance of wealth/estate planning/ faraidh, funerals and
watchdog of deviant teachings
45
Plural form of madrasah (school)
46
Section of 87 and 88.
47
The 6 (six) full-time madaris in Singapore are Madrasah Aljunied, Madrasah Al-Irsyad, Madrasah Alsagoff,
Madrasah Al-Maarif, Madrasah Wak Tanjong and Madrasah Al-Arabiah
48
"Singapore's Perspective on Islamic Finance" - Opening keynote address by Mr. Ong Chong Tee, MAS Deputy
Managing Director at the Asian Banker Summit 2005, Wednesday, 16 March 2005, 2:00 p.m.
Page 14 of 61
 Monetary Authority of Singapore (“MAS”) decided Islamic finance will work within the existing
conventional banking regulations. Tax amendments were made to ensure that there both
Islamic and conventional banking transactions are in the same level playing field. Within that
same year, MAS successfully joined the Islamic Financial Services Board as a full member
(GASCIA, 2015).

On 7 May 2009, the Monetary Authority of Singapore has issued a set of regulatory guidelines
to facilitate Islamic banking businesses in Singapore. Called “The Guidelines on the
Application of Banking Regulations to Islamic Banking” (“MAS Islamic Guidelines”), it was later
revised on April 2010 for greater clarity in its policy and regulatory treatment on the Shariah
structures. The MAS Islamic Guidelines provides basic guidance to any banks in Singapore
offering Islamic banking products49 and services.

The list of Islamic finance players in Singapore are in Appendix C.

PART III –MAQASID AS-SHARIAH IN SINGAPORE

Analysis of the Model in Singapore Using the Maqasid

The Maqasid As-Shariah framework (“Maqasid”) (‫)مقاصد الشريعة‬ defines the objectives of
Shariah.

Professor Khaled Abou El Fadl50 (2006) mentioned “if Muslims are able to practice their
religion in a territory, they may reside it regardless of the formal categorization of the
territory51”. The Model has helped the Muslims in Singapore protect their religious interests.
However, scholars may ask – to what extent does “practice their religion” mean? Does it
include the ability of the Muslim minority to apply Shariah laws in totality e.g. in muamalat
(business transactions), munakahat (marriage), jenayat (crimes)?

The Maqasid measures the religious and socio-economic success of the Muslim minority.
Maqasid may have been defined differently by many scholars who include Imam Ghazali,
Imam Shatibi, Ibn Qayyim, Imam al-Izz, Imam al-Qarafi, Ibn Ashur and Ahmad al-Raysuni,
but the general theme relates to “preservation and promotion of human welfare” (Nooraslinda,
Rafidah, Rohana, 2013).

In this paper, the Model will be analysed using the version proposed by Imam Abu Hamid al-
Ghazali 52. While the purpose of Shariah can be divided into basic necessity (daruriyat), needs

49
The structures which banks in Singapore can apply are Mudaraba deposits, Murabaha deposits and interbank
placement, Murabaha financing (spot and deferred basis), Ijarah financing (based on Ijarah wa igtina), Diminishing
Musharaka, Istisna and Sukuk (asset-based and asset-backed).
50
He is a law professor at UCLA School of Law.
51
The terms used to categorise territory are dar al-Islam and dar al-harb.
52
His name is Muhammad Bin Muhammad Bin Ahmad or al-Imam al-Kabir Abu Hamid al-Ghazali. He is also known
as Hujjatul Islam (proof of Islam) due to his immense knowledge in religion and mysticism. He died in 505 AH / 1111
CE and he wrote about the Model in his book called al-Mustasfa.
Page 15 of 61
 (hajiyat) and embellishment (tahsiniyyat), this great scholar asserted that the critical
preservation of human well-being is through safeguarding these five (5) areas, namely:

1. Faith / Religion (deen)

2. Lives (nafs)
3. Intellect (aql)
4. Lineage / Posterity (nasb)
5. Wealth (mal)

Each of the above factors will be discussed in detail. In summary, although the deen enables
the Muslim minority to adapt themselves via contemporary fiqh, they must not allow
themselves to dilute their fundamental principles which are permanent despite the changing
context. The principle of God’s oneness, God consciousness and piety and alignment of
religious practices to Koran and Sunnah in consultation with the qualified scholars (shura)
should not be compromised at all.

1. Faith / Religion (‫)الدين‬

Cultivating and preserving Islamic worldview 53 is important to the Muslims in Singapore.

Without such understanding, it is easy for the Muslim minority to lose their religion and
social identity in Singapore. Hayat and Malik (2014, p.13) mentioned that Islam will
cultivate “a moral purpose for human existence”. Humans exists to be vicegerents of earth.
The earth and resources are given to humans as a trust – whether they make full use of
them to make the world a better place, or simply abuse them to serve their selfish desires
and destroy themselves and other humans.

AMLA matters

AMLA provides a basic framework for Muslims in Singapore, but it needs to be amended
to provide more welfare. For example54

 Faraid which is implemented using Shafite School of law will entitle a deceased’s wife
to get lesser portion of the estate compared to the portion given to Baitul Mal. In this
case, to ensure that the deceased’s family gets more financial welfare 55, the
application of Hanifite School of law is preferred.

 Other financial instruments should be mentioned the AMLA (e.g. Takaful, Nuzuriah,
hibah, Nazar Khas) to ensure that the suite of Islamic financial tools is complete.

53
Islamic worldview is extracted from the primary sources of Islamic law, concluding that there is only 1 creator in
the entire universe. Man is created to serve the only creator by applying His laws (i.e. Shariah). However, man is
given freewill to decide and will face the consequence if he chooses to disobey.
54
Rasban, op. cit.
55
In Shafite school of thought, wife will get 12.5% of the estate; daughter 50% and Baitul Mal 37.5%. Using Hanafite
school of thought, the daughter will get 87.5% instead.
Page 16 of 61
 Considering that there is influx of foreigners who may be Muslims with different
understanding of Islam, it is the duty of the authority to organise continuous public
awareness about the various personal wealth management tools56 for everybody’s benefit.

Freedom in Religion

“The right to freedom of thought, conscience and religion is probably the most precious
of all human rights...”

- Arcot Krishnaswami57 (1960)

There is general freedom to practice religion. Singapore has incorporated a plural legal
system that incorporated certain aspects of Shariah law. The Singapore Constitution
mentions that “Every person has the right to profess and practise his religion and to
propagate it58”. The constitution also specially mentions that there shall be “provision for
regulating Muslim religious affairs and for constituting a Council to advise the President in
matters relating to the Muslim religion 59”.

Promoting and upholding Islamic values and morality is a must but this must be in line with
the social expectations. One incident in Singapore in which Muslims are refrained from
practising their religions is pertaining to whether a female Muslim can be allowed to wear
headscarf (tudung) in public service frontline service and in schools. Many Muslim civil
servants are already not allowed to wear the headscarf. Although the Singapore
government will not make immediate decisions on this matter, PERGAS (the Singapore
Islamic Scholars & Religious Teachers Association) clarified that although the headscarf
is “is an important religious obligation and one which symbolises a woman's dignity and
decency”, this matter should be “done in objective and mature manner, so as not to insult
or offend any disagreeing party” (PERGAS, 2013). The Mufti of Singapore criticised some
Muslims who made harsh and unpleasant remarks about this matter which will only tarnish
the image of Singapore Muslims (Singapore Press Holdings, 2013). The Singapore
government clarified that “change needs to be evolved” (TodayOnline, 2013). Hence,
PERGAS suggested to have a task force 60 comprising scholars and members of the
public.

I have analysed that PERGAS applied three (3) types of fiqh as below, showing its wisdom
as an association of scholars:

 Fiqh al-Awlawiyyat (fiqh of priorities) – PERGAS reminded the Muslim community not
to neglect other priorities (e.g. obligatory prayers and avoiding major wrong doings)

56
They are wasiyyah, wasiyyah wajibah, waqf, amanah, sadaqah, infaq, hadiah, hibah, nazar and faraid.
57
In his foreword of the article “Study of Discrimination in the Matter of Religious Rights and Practices”. He is a
Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities.
58
Part IV – Freedom of Religion, paragraph 15
59
Part XIII – General Provisions, paragraph 153
60
In my opinion, setting up a consultancy unit is line with Shariah. There are many verses of the Koran ordering the
use of Shura (i.e. consultation) as an approach in decision-making.
Page 17 of 61
 and focus on other pressing matters such as high divorce rate, drug addictions among
the youth and lagging academic performance of the Muslim students.

 Fiqh al-Maslahah (fiqh of general benefits) – PERGAS made the correct decision of
not going against61 the authority but instead clarified its stand that headscarf is still an
obligation and suggested a long-term strategy to ensure that all female Muslims can
wear tudung one day through tadarruj

 Fiqh al-Muwazzarah (fiqh of equilibrium) – PERGAS portrayed good manners / akhlak

/ adab by advising the Muslim community to remain calm and approach this matter
without offending anyone.

In my opinion, the application of fiqh al-Maslahah can be expanded so as to persuade and

convince the Singapore government that the headscarf has many social benefits 62.
Scientific studies 63 have shown that the wearing of hijab hindered the minds of men from
perceiving bodies of women as mere sexual body parts. Based on sampling 64 of 587
Muslim women in UK, those who wear hijab will have “more positive body image, lower
internalization of media messages about beauty standards, and placed less importance
on appearance than women who did not wear the hijab.” In simple words, women with
headscarf are less likely to be seen by men as sexually provocative.

Religious Authority

MUIS and PERGAS are the maraaji’ (reference points or avenues of religious
consultation) for Muslim community in Singapore. Religious queries include the obligatory
prayers, fasting, zakat, science and health, food and drink, qurban (animal sacrifice) and
even gender issues.

MUIS also ensures that deviant teachings of Islam are exposed to the public awareness
to protect the Muslim community in Singapore from being influenced and misled by their
false teachings and claims. For example, MUIS and Perdaus 65 have jointly published a
book “Noktah Hitam – Ajaran Sesat Di Singapura 66” in 2001 to expose teachings that claim
to be Islamic but in reality, deviated from the fundamental doctrines. MUIS also issued
fatawa67 on Islamic groups that have made their presence in Singapore. MUIS has also

61
This seems analogous to the legal maxim in article 28 of the Majelle stating “In the presence of two evils, the greater
is avoided by the commission of the lesser”.
62
The European Journal of Social Psychology and the British Journal of Psychology have written articles based on
scientific studies relating to the wisdom for Muslim women to wear hijab.
63
Gervais, S. J., Vescio, T. K., Förster, J., Maass, A. and Suitner, C. (2012). Seeing women as objects: The sexual
body part recognition bias. Eur. J. Soc. Psychol., 42: 743–753.
64
Swami, V., Miah, J., Noorani, N. and Taylor, D. (2014), Is the hijab protective? An investigation of body image
and related constructs among British Muslim women, British Journal of Psychology. 105: 352–363.
65
PERDAUS means “Pelajar-Pelajar Agama Dewasa Singapura” (Association of Adults Religious Class Student of
Singapore). See http://www.perdaus.org.sg.
66
It is translated as “Black Dot – Deviant Teachings in Singapore”.
67
Between 2007 - 2010, MUIS Fatwa Committee declared the “Madrasah Faiz Al-Baqarah” as a deviant Islamic group.
Between 2010 and 2011, MUIS Fatwa Committee declared that teachings of Islam Jama’ah/Quran Hadith Jama’ah is
not in line with Shariah.
Page 18 of 61
 highlighted the characteristics68 of deviant traditional practices to educate the public. For
example, MUIS gave a fatwa declaring that a traditional Javanese dance 69 called “Kuda
Kepang” is against Islamic teachings.

MUIS prepares the scripts of the weekly sermons held every Friday in all local mosques.
Most themes of the sermons are about urging the Muslims minority to be dutiful to god
and family and be productive Singapore citizens. The Mufti stressed that the Muslim
minority needs to have an open mind and heart when seeking knowledge. Theoretically,
all knowledge comes from god, and Islam is a religion of morals and principles.

Adoption of Shariah by Civil Courts

The legal system in Singapore does not allow Muslims to opt themselves out of the Syariah
court where exclusive jurisdiction is concerned. While some people may see this as a
concession, honour or privilege, others may perceive this as discriminatory as Muslims
are unable to refer to civil courts70.

“The general law will prevail against the Muslim law on this issue 71”

- Singapore Chief Justice Chan Sek Keong 72

Recent rejections of fatawa by the Singapore judiciary may mean signify that Islamic legal
rulings are no longer relevant (Aidil Zulkifli, 2010). For example, the Singapore High Court
rejected the fatawa of MUIS pertaining to the following cases:

 Mohamed Ismail bin Ibrahim v Mohammed Taha bin Ibrahim [2004] 4 SLR(R) 75
 Shafeeg bin Salim Talib v Fatimah bte Abud bin Talib [2009] 3 SLR(R) 439

For the first case, the civil court concluded that nuzuriah is not considered as a gift inter
vivos but a will, although this was earlier ruled by the Mufti as otherwise. A local senior
lawyer, Ahmad Nizam Abbas, tried to reconcile the difference and clarified in Straits
Times73 that the rulings of the Singapore courts can be deemed to be in line with Shariah
if the other Shariah mechanisms are used. Hence, in my opinion, there is no contradiction.
While some Shariah scholars are still disputing on the validity of the concept of nuzuriah,
the court held a view for the sake of public interest and not just based on religious rulings
per se.

68
See Characteristics of Deviant Teachings,
http://www.muis.gov.sg/cms/uploadedFiles/MuisGovSG/Religious/OOM/Characteristics_of_Deviant_Teachings_la
test.pdf, accessed 01 April 2015.
69
Such dance used to be practised widely among the Malay Muslims in Singapore during weddings or private
functions. The dance is declared haram because it invokes evil spirits causing the dancers to be a trance and temporarily
lose their state of mind.
70
Black, op. cite.
71
This issue refers to the administrators of the estate of deceased Obeidillah bin Salim bin Talib in the case Shafeeg
bin Salim Talib v Fatimah bte Abud bin Talib [2009] 3 SLR(R) 439.
72
The Straits Times, General law will prevail over fatwa, 25 March 2010, Singapore Press Holdings
73
Ibid
Page 19 of 61
 For the second case, MUIS had earlier decreed that under joint tenancy, the living tenant
shall own only half of the estate while the remaining portion has to be distributed in
accordance to faraidh. However, the Singapore courts held that the common law right of
survivorship in a joint tenancy will still apply to Muslims. Although right of survivorship is
new Muslim law, it is later possible through the introduction of hibah ruqbah or nuzuriah.

The Syariah Court in Singapore is still a subordinate, hence its powers are limited. The
certificate of inheritance 74 issued by Syariah Court does not take into account the concept
of harta sepencarian (i.e. wealth accumulated by a couple during their marriage). This
concept is practised in neighbouring countries except Singapore (Rasban, 2008).
Currently, only the faraidh concept is used. Other wealth management tools should be
used as well.

2. Lives (‫)نَ ْفس‬

This component of the Maqasid concerns dignity, self-respect and brotherhood. All men
are created equal and the Singapore government will try its best to ensure that there is no
racial, sexual and religious discrimination. In Islam, all humans are honoured and there is
no difference between other races, ethnics or cultural groups. Nobody is superior to the
other except when one has piety and good actions to serve society. In the last sermon75
of the Prophet Muhammad (‫)ﷺ‬, it is mentioned that “no Arab is superior to a non-Arab
except in piety.…” Hence, the Muslim minority has maintained peace and stability which
is in line with the Code of Religious Harmony. The Singapore government is aware of the
positive role of religions in developing all communities.

Rulings Affecting Lives of the Muslims in Singapore

MUIS Fatwa Committee recently ruled in 2002 that NEWater76 is pure and purifying. This
is line with the traditional fiqh rulings that as long as the colour, taste and smell of the
water are not affected, the water can be used for ablution and cleansing. Using the concept
of maslahah, the introduction of NEWater is a strategic decision. Singapore is vulnerable
to external threats (including political and environmental). There could a time when there
could be a real shortage of water for Singaporeans. Hence, besides getting water from the
catchment areas (i.e. rivers and reservoirs) and Johor 77, NEWater is the third national
water.

The Muslim community in Singapore will be automatically included in the Human Organ
Transplant Act (“HOTA”). The MUIS Fatwa Committee has deemed that transplant and

74
It is a document that sets out the shares to which the beneficiaries of the estate of a deceased person are entitled
(MUIS, 2015)
75
Prophet Muhammad's last sermon delivered on 632 A.D., 9th day of Dhul al Hijjah, 10 after Hijrah in 'Uranah valley
of Mount Arafat, http://www.themodernreligion.com/prophet/prophet_lastsermon.htm, accessed 26 February 2015
76
Public Utilities Board defined NEWater as “high-grade reclaimed water” using Microfiltration, Reverse Osmosis
and UV disinfection. Initially, some Muslims in Singapore abhorred the usage of this water as it is formerly waste
water and sewage and hence deemed to be impure (i.e. mutannajis). After MUIS did an investigation, NEWater is
deemed to be clean and purifying.
77
This is via a bilateral agreement in which the import of water from Malaysia will cease in 2061.
Page 20 of 61
 donation of kidneys by a deceased Muslim is permissible based on the rationale that the
deen always calls for Muslims to seek the most effective treatment. In modern medical
science, the last resort is for the patient to get a new functional organ. The prophet ‫ ﷺ‬said
that treating oneself with medicine will is part of the decree 78 of Allah and hence Muslims
cannot remain idle, sick and become a burden to society.

َِّ ‫َحيا النَاس‬

‫َجيعا‬ َ َ ْ ‫اها فَ َكأَََّنَا أ‬
َ َ‫َحي‬
ْ ‫َوَم ْن أ‬
…and if any one saved a life, it would be as if he saved the life of the whole people…

- Surah al-Maidah, Verse 32

Generally, there are scepticisms about the government’s policy relating to the automatic
kidney transplant which was oddly accepted by MUIS although it was generally opposed
by the conservative Muslims. I believe that MUIS has taken a bold approach in its stance
because of public interest (maslahah). Although its fatwa is publicly available, more could
be done in order to win the hearts of all the Muslim minority. For example, its fatwa could
be supported by international bodies such as Fiqh Academy and JAKIM.

3. Intellect (‫)عقل‬

Educating the Public

Islamic education is classified as either fardhu ain79 or fardhu kifayah80. Both types of
knowledge are essentially covered by the madaris, masajid and private organisations.
Many religious events are updated 81 on a regular basis. High quality of affordable religious
and science education is necessary for the development of intellectual Muslims in
Singapore.

Yet, the Muslim minority in Singapore currently lacks “lively discourse[s] in the public
sphere on contemporary fiqh” (Haniff Hassan and Sharifah, 2011). This is because the
Model is a specialised branch of fiqh that needs special consideration with respect to the
environmental reality. Currently, most of the propagation of Islamic teachings in the
mosques are confined to only fardu ain matters.

While the national libraries in Singapore are extensive82, there are not many resources to
classical Islamic literature. Although each of the madaris have their own libraries, they are
meant for students only. Currently, two (2) public Islamic libraries have recently been
opened by Muslim organisations:

78
Sunan Ibn Majah – Chapters on Medicine, l. 4, Book 31, Hadith 3437
79
Defined by MUIS to refer to “the obligation to learn or work to sustain the self and one’s family”
80
Defined by MUIS to refer to “the work that is done for the common good and the prosperity of the nation.”
81
The website www.islamicevents.sg consolidates all courses, workshops, seminars, conferences and gatherings on
religious matters all over Singapore. Some of the events can also be viewed ‘live’ online.
82
According to National Library Board, there are currently 27 public libraries in Singapore.
Page 21 of 61
 1. Al-Mawrid Resource Library (by Muslim Converts' Association of Singapore)
2. Syed Ahmad Semait Reference Library (by PERGAS)

There is also financial assistance for research and education. MUIS, PERGAS, Mendaki
and LBKM 83 provide ongoing scholarship and bursaries to outstanding or needy Muslims
who can further their studies. The MUIS Postgraduate Scholarship 2015 is one example,
in which the grant quantum is full cost of study. Many local Muslims are sent overseas to
Islamic universities to study religion. In Singapore, the Centre for Research on Islamic and
Malay Affairs is formed with the objective to become a “research excellence for the
advancement of the Malay and Muslim communities”.

There are many courses conducted by Darul Arqam, PERGAS, PERDAUS, Az-Zuhri and
Muhammadiyyah – they range from short certificate courses to a bachelor’s degree in
Islamic studies as per Appendix D.

Recognition of Scholars

The pool of Islamic scholars also increase as more locals are studying overseas in
prestigious Islamic universities or institutes with a degree or Masters. All Islamic teachers
have to undergo screening process via Asatizah Recognition Scheme (“ARS”). According
to MUIS (2015), the objective of ARS is to “enhance the standing of our religious teachers
(asatizah) and to serve as a reliable source of reference for the Singapore Muslim
community.” Hence, religious teachers and scholars will have a minimum level of
knowledge and qualification.

4. Lineage / Posterity (‫)نسب‬

The Registry of Muslim Marriages (“ROMM”) has its historical roots back in the 1880s
under the various Mohammedan Marriage Ordinances. The marriage process has been
well-structured and conditions affecting the validity of a marriage contract are made known
to both bride and bridegroom 84:

Other services provided by ROMM are polygamous marriage and revocation of divorce.
All Muslim couples must have attended a marriage preparatory course in order to get the
original marriage certificate. The purpose is to ensure that the husband and wife know
their roles and responsibilities to bring up a blessed family in line with Shariah. The 3 types
of programmes are:

1. Marriage Preparation Programme

2. Young Couples Programme (for spouse below 21 years old)
3. Remarriage Preparation Programme

83
Lembaga Biasiswa Kenangan Maulud (Prophet Muhammad’s Birthday Memorial Scholarship Fund Board).
84
Conditions include presence of a wali (legal guardian), mahr (gift given to the groom after solemnisation, witnesses
for solemnisation and aqad (marriage contract through offer and acceptance).
Page 22 of 61
 The Syariah Court of Singapore provides post-marriage services including counselling,
divorce, appeal, collection of court documents and inheritance. The AMLA recognises the
four (4) types of divorce i.e. talak, khuluk, taklik and fasakh. When Muslim couples want a
divorce, they must attend a Pre-Divorce Briefing Session. This is compulsory if they have
children below 14 years old. Among other things, the session aims to do the following:

 Brief the couples on Court’s divorce processes and procedures

 Clarify the documents required, the process and timelines
 Information on ancillary issues (e.g. custody/access of children, housing, what the
couple can claim from each other.)

In my opinion, although though divorce is not pleasant 85 in Islam, the manners of

implementing it must still be done in a proper and mutually agreed manner such that there
is no injustice on one party. Although the couples may no longer be related to each other,
the roles and responsibilities as parents to the children still remain status quo. This is to
ensure that the future of the children are secured. The youth are the backbone of the
country and the future generation of the community.

Abortion & Family Planning

MUIS has given a fatwa86 regarding abortion. While some traditional scholars said it is
forbidden to do abortion 4 months after pregnancy, MUIS imposed a stricter ruling. This is
attributed to expert opinions from the medical field stating that the embryo is already alive
the moment there is a success fertilisation of an egg through a sperm. Hence, MUIS
concluded that the ruling of haram / impermissibility is already applicable at the stage of
conception.

Where family planning is concerned, MUIS allowed this 87 on the basis that the religion
places priority on the quality of the future generations, rather than the quantity. The ruling
is not haram but mubah (permissible) because there are benefits to doing so.

Stem Cells and AMD

MUIS also allowed the use of stem cells embryos below 14 days old for the purpose of
research and for the benefit of mankind 88. MUIS consulted the Bioethics Advisory
Committee and clarified that it should not be misused for human cloning as it will result in
loss of human dignity and unaccountability 89 of the progeny.

85
“The most hated of permissible things to Allah is divorce.” (Sunan Ibn Majah, Vol. 3, Book 10, Hadith 2018)
86
Kumpulan Fatwa 1. 11/12/86. MUIS. Cetakan pertama.1987. ms 1,
http://www.officeofthemufti.sg/Fatwa/pengguguran-anak(mly).html, accessed 19 April 2015
87
Kumpulan Fatwa 1. MUIS. Cetakan pertama.1987. ms 38, http://www.officeofthemufti.sg/Fatwa/perancangan-
keluarga(mly).html, accessed 19 April 2015
88
http://www.officeofthemufti.sg/Fatwa/stem-cell-research.html, accessed on 23 April 2015.
89
It would be extremely difficult to establish the father and mother of a cloned baby.
Page 23 of 61
 Lastly, there was a commotion about the usage of advanced medical directive 90 (“AMD”).
This is where a patient can instruct his doctor to halt all medical treatment if he has no
hope of staying alive. MUIS gave a statement that this matter is new and may spark
misunderstanding. AMD should be executed without any suspicion of potential abuse and
concluded this matter should rest to each individual preference. Although no ruling was
mentioned, I believe that it should be mubah91 based on conservative approach.

5. Wealth (‫) َمال‬

There are at least 35 players doing Islamic finance in Singapore. The current situation and
management of wealth of Muslims in Singapore is depicted in Appendix E 92.

MUIS – Issues on Baitul Mal and Radd

MUIS is in full control of the General Endowment Fund created for Muslims in Singapore.
This fund will “consist of all money and property, movable or immovable, which by the
Muslim law or under the provisions of this Act 93”. The Baitul Mal 94 will be part of this fund.
All remaining unclaimed portion of a Muslim estate will be channelled to Baitul Mal. Other
funds include zakat funds, donations and radd95 (Rasban, 2010).

The functions 96 of Baitul Mal today differ from the past:

 During the prophet’s time, the traditional Baitul Mal acts as a state treasury house –
an equivalent to the modern Ministry of Finance which is able to give budgets to every
economic sector to ensure smooth running of the government and the whole economy.

90
Defined by the Ministry of Health as “a legal document you sign in advance to inform your doctor that you do not
want the use of any life-sustaining treatment to be used to prolong your life in the event you become terminally ill and
unconscious and where death is imminent.” The patient signing the AMD must be 21 years old and above and proven
not mentally disordered. The AMD must be signed witnessed by 2 persons (both also 21 years old) who has no vested
interests in the patient’s death.
91
Kumpulan Fatwa. 20/9/94. MUIS. 2005, http://www.officeofthemufti.sg/Fatwa/isu-arahan-awal-
perubatan(amd)(mly).html, accessed 19 April 2015. Refer to actual MUIS statement - Kami juga menyokong arahan
awal pebutan ini hanya dibolehkan secara pilihan sukarela/peribadi. It is translated as “We [MUIS] also support the
idea that AMD is allowed based on the choice of the individuals.”
92
The history of Islamic finance in Singapore is elaborated in website of Gulf Asia Shari’ah Investment Association.
See http://gascia.org/development-of-islamic-finance.html, accessed 12 April 2015.
93
57(2) of AMLA
94
Baitul Mal literally means “house of wealth”. It acts as a trustee for the Muslims. It is defined by MUIS to refer to
“Public Treasury for Muslims and all funds from it, are allocated for public and community projects and general
welfare”.
95
Radd is defined by Rasban (2014, p.29) as “excess share of a net estate of residuary established through the Fara’id
system”.
96
Ibid
Page 24 of 61
  A traditional Baitul Mal also can collect revenues from more sources like jizya97,
kharaj 98, fay’99 and Amwal al Fasilah100. However, in Singapore, taxes are regulated
by the Inland Revenue Authority of Singapore. Zakat and donation are currently not
centralised and other Muslim organisations are also collecting from the public.

 A traditional Baitul Mal will help pay off debts of a deceased Muslim and provide
welfare to the deceased’s dependants or legal heirs if they experience financial
difficulties.

There is a controversy101 with regards to the implementation of radd in Singapore. The

majority of the four (4) madzahib are of the opinion that the Baitul Mal cannot receive the
radd, except when there are no relatives (i.e. escheat). However, the Singapore Baitul Mal
has been collecting radd as stipulated in the inheritance certificate issued by the Syariah
Court. Hence, there could instances where the Baitul Mal will just accumulate wealth at
the expense of the deceased family who may seriously need financial assistance. In my
opinion, considering the financial state of the Muslims is not healthy, the radd should be
transferred to the sole surviving spouse, on the basis of maslaha and ihsan102. The
proposal is already being implemented in many countries like Algeria, Egypt, India,
Indonesia, Jordan, Pakistan, Sudan, Syria and Tunisia.

MUIS – Waqf and Nazar

MUIS play an important role in Waqf and Nazar Am as stated in paragraph 58 of AMLA
but this is constrained within Singapore only. The current state of waqf is in Appendix H.
To prevent any Waqf (whether waqf am or waqf khas) properties from being mismanaged,
they will be registered with MUIS. To ensure clarity and efficiency, the registration has to
be done within 6 months after the waqf is created. In addition to the need to have a waqf
deed, critical information must be presented during registration, namely:

 Identification and purpose of the property

 Gross annual income of the waqf
 Annual rate and taxes of the property
 Estimated annual expenses
 Management fees

I believe that MUIS role can be expanded to include matters relating to estate and financial
products, particularly Islamic banking. For example103, MUIS has not institutionalise the
following in AMLA:

97
Jizya is similar to annual tax imposed on non-Muslim living in an Islamic state.
98
Kharj is tax imposed on non-Muslim landlords living in an Islamic state.
99
Fay’ refers to properties captured from an enemy without waging a war.
100
Amwal al Fasilah refers to income generated from state-owned natural resources in a Muslim country.
101
Ibid
102
This is the 3rd pillar of the deen which refers to compassion and spirit of caring for humanity.
103
Ibid
Page 25 of 61
  The ownership of immovable property (e.g. flat) under joint-tenancy scheme104 and
nuzuriah and hibah.
 Nomination process of financial assets (e.g. CPF, insurance, shares, deposits).

In addition, while AMLA mentions the concept of “harta sepencarian” 105, this is not
practised in Singapore unless the deceased’s wife applies for such.

Fatawa Issued

MUIS has issued fatwa on group insurance, stating that it leaves this matter to the
individuals to decide based on their respective levels of necessity. While some scholars
abhor such product due to presence of riba, maysir and gharar, other scholars allow it as
it is beneficial to society.

MUIS has also issued a fatwa on Revocable Insurance Nomination, stating that it is similar
to hibah using qiyas. This fatwa was never found in classical Islamic literature, but the
justification is based on the same fatwa issued in 2010 regarding CPF nomination.

Currently, the payment of fidyah / kaffarah106 must be paid by giving food to 60 poor people
based on the traditional Shafie, Maliki and Hambali rulings. Hence, MUIS adopted the
mazhab of Hanafi via taqlid to allow the payment via cash107.

Many traditional scholars gave an opinion that a masjid should be built on waqf land, hence
it should last in perpetuity (i.e. not based on limited period). However, MUIS issued fatawa:

 Istibdal – This refers to waqf asset migration. The original property can be sold off on
condition that proceeds of the sale are used to purchase of other freehold properties
which will then declared as new waqf property. The original ruling held that no waqf
property can be sold off (Straits Law, 2013). This new ruling may be the first in the
world, but the effects are that idle waqf properties have been sold off and the new
relocated properties were redeveloped into commercial areas, bringing high-yield
investment returns. MUIS position is that its obligation towards waqf properties are to
“enhance the socio-religious well-being of the Singapore Muslim community”.

104
In 2011, MUIS has issued a new Guidelines for Muslims on Purchasing and Owning a HDB Property Under Joint
Tenancy. Click here:
http://www.muis.gov.sg/cms/uploadedFiles/MuisGovSG/Downloads/Joint%20Tenancy%20Fatwa%20Booklet_Eng
Version-Final%20Copy%20Full.pdf, accessed 02 April 2015
105
Harta sepencarian refers to jointly acquired matrimonial property. Although this is not part of Shariah, such term
was incorporated in AMLA as an urf (“customary practice”) of the Malays. The Majelle article 45 states “A matter
established by custom is like a matter established by law”.
106
It involves payment to be made by a Muslim who has broken a specific Shariah rulings and he/she has to pay to to
rectify the breach.
107
MUIS fatwa, http://www.muis.gov.sg/cms/oomweb/fatwa.aspx?id=14388&terms=fidyah, accessed 7 March
2015.
Page 26 of 61
  Lease – Some (especially new) mosques were built through the mosque building fund
on plots with Temporary Occupation Licence (i.e. lease with 99 years). MUIS is aware
that the since the 1950s, the number of plots of land allocated for mosque-building has
reduced due to rising land prices and a decline in number of wealthy Muslims. By
allowing mosques to be built on leased land based on maslahah, MUIS can build more
mosques around Singapore with bigger space and more facilities to meet the religious
needs of the Muslim minority. In my opinion, the concept of Maslahah, Taysir al-fiqh
and darurah are applied. If the Model is not applied, the number of mosques (that are
purely based on waqf lands) in Singapore will be limited, hence, the development of
religious activities in certain areas (especially newly developed residential places like
Punggol) will be much affected.

General Status of Islamic Finance

Where we have been less successful [in doing Islamic finance] is on the aspects of
vision, reach and authenticity…there are a lot of work to be done to make them more
authentic and more differentiated from conventional finance.

- Aamir A Rahman, Managing Director of Fajr Capital, during the Global Islamic
Economy Summit held in Dubai in November 2013 108

Sadia Karim, Founder & CEO, Yurizk, gave a simple explanation 109 on the disparity
between the theory and reality of Islamic finance (as below).

 Theory

Maqasid Al-Shariah  Islamic Economics System  Islamic Financial System 

Islamic Financial Products and Services  Happy customer who seek ethics in their
financing activities

 Reality

Needs of Shariah conscious customers  Islamic finance products/contracts within

the conventional system (replicating via reverse engineering)  Islamic finance
industry within the conventional space  sceptical Muslim customers and growing
demands from conventional customers  Floating state of the Islamic finance industry
that has no vision or authenticity

Islamic finance, not just in Singapore, is seen as a success based on growth and
profitability. At the same time, some may see it as a failure 110 due to lack of “Islamic

108
See
https://wv175.infusionsoft.com/app/hostedEmail/141117/40d0ae447c65052d?inf_contact_key=18cbc79cf77c4c681
71b65616b81c9506cd3746fad47bc17eb8a1eb149048fe8, accessed 25 February 2015
109
This is what I learned about Islamic Finance industry in last five years, email sent on Monday, 23 February, 2015
11:19 PM
110
Refer to Appendix F – Decline of Islamic Finance in Singapore.
Page 27 of 61
 authenticity 111 and social and economic value” (Hayat et al, 2014). Hence, though
Singapore may not be the leader in Islamic finance, it can, however, show to the world
that its current financial system can incorporate ethical standards emphasising on social
consciousness, redistribution of wealth, profit-sharing and linking financial transaction to
the real economy.

Islamic Finance in Singapore

In Singapore, GASCIA (2015) mentions that areas of Islamic wealth management and
Islamic funds are still underdeveloped and the nation has the potential to facilitate more
Shariah-compliant transactions between Gulf and Asia.

MAS Managing Director, Mr Ravi Menon, mentions 112 that “prospects for Islamic finance
in Singapore look bright” as there is potential growth on funds to be established and sukuk
issued in Singapore (MAS, 2014).

The MAS Islamic banking guidelines will not determine what constitutes “Shariah
acceptability”; hence, it relies on the individual banks to have a sound Shariah governance
infrastructure as part of their usual risk management process. Hence, there were several
critical structural issues and potential risks identified, in comparison to the Shariah
parameters set by the Shariah Advisory Council of Bank Negara Malaysia and Securities
Commission Malaysia. In addition, salient areas not covered or detailed out in the MAS
Islamic Guidelines include:

 Events of breach of terms

 Exit mechanism
 Whether the partner’s capital can be guaranteed by the other or third party
 General parameters ensuring system has end-to-end process to match risk and
reward between the sources of capital and management of funds.

According to Sani Hamid (2013), there are about 500,000 Muslims in Singapore. Although
the government is clearly supportive of Islamic finance, its focus is more on promoting the
country as an international financial centre. Hence, the Muslim community is left to
themselves to spearhead Islamic finance at ground level to capture the attention of the
investors. This is where the market forces will determine supply and demand for Islamic
financial products.

111
In my opinion, the lack of authenticity is due to the creation of Islamic financial products which are misaligned to
the actual spirit and maqasid of Shariah. See Appendix J.
112
"Islamic Finance – Continued Growth" - Welcome Remarks by Mr Ravi Menon, Managing Director, Monetary
Authority of Singapore, at the 5th World Islamic Banking Conference Asia Summit on 3 Jun 2014,
http://www.mas.gov.sg/news-and-publications/speeches-and-monetary-policy-statements/speeches/2014/islamic-
finance-continued-growth.aspx, accessed 01 March 2015
Page 28 of 61
 The Plight of Muslims in Singapore – Financial, Social and Economical

The issues faced by the Muslims in Singapore in 2011 can be depicted below. Muslims
are generally worried about cost of living, followed by social behaviour amongst youth ad
housing prices.

In 2015, cost of living is still a perceived serious concern especially to the Malay Muslims
in Singapore. According to the Straits Times (2015), although the Muslims in Singapore
are earning more money over the years, they are starting to spend more than what they
could save. The Mufti is very concerned, stating this is “…an ethical issue of behaviour,
attitude and self-responsibility of trying…to limit borrowing only for necessities” 113.

Meanwhile, Walid Jumblatt Abdullah (2012) mentioned that the Malay-Muslims also did
not do well in education and economics and seem to lag behind the Chinese and Indians.
In addition, there are not enough Malay-Muslim ministers representing the local
government or holding high posts in the military, hence giving an impression that MM are
not true citizens of the country. Professor Hussin Mutalib (2012) mentions that in a nutshell
the three (3) core issues faced by Malay-Muslims relates to socio-economical, political
and cultural or religious.

113
The Straits Times, Consumer debt among Malay households a concern: AMP, 2015,
http://www.straitstimes.com/st/print/3455504, accessed 16 February 2015
Page 29 of 61
 Part IV – FUTURE OF CONTEMPORARY FIQH IN SINGAPORE

Synopsis

It cannot be denied that with a change of times, the requirements of the law [fiqh rulings]
change.

- The Majelle, Article 39

Fiqh should “contribute to the development of the human intellect – and not to its stagnation
and paralysis” (Haniff Hassan and Sharifah, 2011). In my opinion, the Model is a fundamental
requirement in Singapore. This is because while Shariah remains the same (as sourced from
the Koran and Sunnah), fiqh rulings and scholarly opinions need to change to adapt to the
context in Singapore. Changes in fiqh rulings is not new. When the great scholar Imam
Shafie114 migrated to Iraq, he gave another religious ruling which is different from the one he
gave previously when he was in Egypt. The Imam has obviously observed different societal
conditions in those two (2) places.

Contemporary fiqh is necessary because of three (3) reasons:

1. New problems will arise, hence new solutions are needed

2. Without contemporary fiqh, the relevance of Islam and theme of mercy to the universe is
not realised
3. Without adapting fiqh to current context, there will be hardships and injustice

The former also made a statement that in view of human diversity, studies of the Koran and
ahadith have shown religious practices can be made easy and “differences in non-principle
matters of religion is allowed in Islam115.” This is because an opinion of a scholar on a person
or a nation may differ based on different context, offering to diverse solutions which make
practicing Islam easy and practical, especially in Singapore.

The future of contemporary fiqh in Singapore will be discussed in detail below:

Fiqh Dynamism

There is a need for scholars to the “revaluate and revamp the learning of fiqh among Muslims
in Singapore in a holistic fashion across all levels of society” 116. This includes learning beyond
traditional fiqh and focusing on fundamentals such as Koranic sciences, science of ahadith,
fiqh of legal maxims and usul fiqh117. Such knowledge will serve as tools for the Muslim
minority in Singapore to problem-solving and appreciate contemporary fatawa. In addition, in

114
His name is Abu Abdullah Muhammad (died 820), founder of the Shafie school of Muslim law. He gave an old
opinion (qaul qadim) in Egypt and a new ruling (qaul jadid) when he later gravelled to Iraq.
115
Muhammad Haniff Bin Hassan, Make religious practice easy, embrace diversity,
http://haniff.sg/en/dakwahsunnah-3/make-religious-practice-easy-embrace-diversity/, accessed 03 April 2015
116
Ibid
117
While fiqh refers to the literature of Islamic jurisprudence, usual fiqh is the science of the methodology dealing
with the roots of jurisprudence.
Page 30 of 61
 my opinion, the Muslims in Singapore should find studying these three (3) branches of fiqh.
These branches of knowledge originated from Sheikh Yusuf al-Qaradawi as below:

o Fiqh al-Awlawiyyat (fiqh of priorities)

This discusses about “first things first”. The modern world has observed that some
Muslims have lost their focus, giving attention to trivial or unimportant matters. For
example118, they may dwell on avoiding the minor sins while being ignorant on the major
ones. This type of fiqh will address this “disorder” faced by many Muslims and provide
guidelines in decision-making and how the correct action plans will be carried out based
on priority119 as set out in the sources of Shariah.

o Fiqh al-Maslahah (fiqh of general benefits)

This branch of fiqh will teach about the need for Muslims to make correct decisions that
will bring the greater benefit - not only to him but to society. In some cases, he may have
to forego a decision that will only benefit him, for the sake for public interest. For example,
in the absence of financial aid, a Muslim may decide not to buy an expensive car, but will
instead spend the money ensuring his children attend religious class.

o Fiqh al-Muwazanat (fiqh of equilibrium/balances)

According to IBFIM120 (2006), this fiqh refers to the act of “carefully weighing the pros and
cons of a certain matter in view of an existing situation”. The application of the fiqh should
never lead to a more harmful result. This doctrine was not widely known among the
Muslims but it is essential to ensure that Muslims remain relevant to society. Its application
will require continuous ongoing analysis of events, issues and developments within the
Muslim community and the macro-environment. Though this may seem though-provoking,
the objective of the application of this fiqh is to ensure welfare to the people and progress
of the community. Just like the other two (2) branches of fiqh earlier mentioned, Fiqh al-
Muwazanat should not be seen as changing the religion, but to improve the lives of
Muslims without compromising the fundamentals.

AMLA

The Fatwa Committee of MUIS can be enhanced to keep pace with the macro-environmental
factors affecting Singapore. I suggest that the quorum of the Fatwa Committee should be

118
An Arabic book Fiqh Marath Al-A' mal has been written discussing this matter. A good example in Singapore
context is that many Muslims are very happy to have big clean mosques being built, but they do not invest in enough
money and time to ensure that the future generations of the Muslims will ensure that they are given the necessary
education and knowledge to become good citizens.
119
Another issue to discuss is on implementation of hudud in Singapore. Hudud is one of the religious obligation in
terms of Islamic criminal law. In my opinion, the priorities of a Muslim minority in Singapore are different from other
Muslims elsewhere. Being a secular country, the Singapore Muslims must work within the constraints, as long as their
basic religious obligations to create a peaceful society are met.
120
Islamic Banking & Finance Institute Malaysia, www.ibfim.com.my
Page 31 of 61
 expanded (e.g. from 5 to 7 members) and the members should come from diverse121
background in terms of qualification, experience and knowledge. For example, at least 2 of
the members can be experts in law and finance but the majority of the members must have
in-depth knowledge in fiqh muamalat or usul fiqh.

Considering that AMLA needs improvements, it has to be constantly updated by authorised

experts via consultation process (shura) with the asatizah as well as the public. For example,
the new guidelines on purchasing HDB using joint-tenancy and nuzuriah and hibah should be
reflected in the AMLA. Waqf khas exists among the classical scholars but this was neither
practised in Singapore nor stipulated in the AMLA.

MUIS can enforce the notion that the conventional concept of joint tenancy in housing matters
can be in line with Shariah through the concept of hibah ruqba122. This means that where the
house is jointly owned by 2 parties (usually husband and wife), both parties can give a
conditional hibah “which is contingent upon the demise of either of the parties as a condition
of ownership for the surviving party” (BNM, 2013). Upon the death of either party, the surviving
member will take over the remaining ownership of the house as a gift.

MUIS can act as an “executor of a will or as an administrator of the estate of a deceased

Muslim or as a trustee of any trust” (AMLA Part 2, Chapter 5, para 3). Rasban (2010)
suggested that MUIS should also play a role, under guidance of the Ministry of Law, as a
public trustee for Muslims to overcome any problems of estate distribution.

I hope that one day, MUIS can insert provisions in AMLA about jenayat (i.e. Islamic criminal
law) and set up a taskforce comprising key representatives of Muslim bodies brainstorming
how jenayat can integrate to the current Singapore law. Hudud is one of the religious
obligation in Islamic criminal law but this is absent in Singapore. Nevertheless, the priorities
of a Muslim minority in Singapore are different from other Muslims elsewhere. Being in a
secular country implies that the Muslim minority must within the constraints, as long as their
basic religious obligations to create a peaceful society are met. The task of implementing
jenayat in Singapore is beyond the capability of the Muslim minority and raising them as issues
will only lead to complications such as wastage of resources, constraints on the current
da’wah activities and potential tensions between the Muslims and the government (Hassan,
2002).

Continuous education on AMLA, its background and implications, need to be conducted to

increase awareness. As new modern issues raised tend to more complicated, more multi-
disciplined knowledge is required. This is because Singapore Muslims need to realise that
they are not just subject to AMLA, but also secular laws. The Islamic authority should ensure
that the contemporary fiqh of Singapore remains religiously sound yet pragmatic.

121
With reference to BNM Shariah Governance Framework (under ‘Fit & Proper’ Criteria (person) of the Shariah
Committee). See
http://www.bnm.gov.my/guidelines/05_Shariah/02_Shariah_Governance_Framework_20101026.pdf, accessed 01
April 2015.
122
Hibah ruqba was mentioned in the Bank Negara Malaysia Exposure Draft on Hibah (issued 6 December 2013) via
http://www.mifc.com/index.php?rp=01_hibah.pdf, accessed 07 March 2015.
Page 32 of 61
 Meanwhile, the Syariah Court’s role is to issue Certificate of Inheritance (“COI”) but this is
based on breakdown of shares using faraidh123 method only. To ensure more welfare for the
deceased’s wife, the concept of harta sepencarian should be automatically incorporated in
the COI and extended to all Muslims (and not just the Malays) in Singapore.

The Civil Court must also be able to the interpret AMLA for the benefit of the Muslims. The
accuracy of judgement also depends on the presentation of facts by solicitors and expert
witnesses. Using the tadarruj concept, it would be no surprise for me to see Singapore
advocates and solicitors confident of handling Shariah related cases in near future. It is hoped
that the recent establishment of the Singapore International Commercial Court will provide a
suitable venue for hearing disputes in Islamic finance contracts based on interpretation of
Shariah laws. Common law, just like Shariah law, also emphasize on contractual certainty and
hence, there should be more commonalities rather than differences between the two (2) laws.

Muslim Youth

“Preachers and teachers have to stand up, and develop self-confidence. They are part of
the whole [community] which has responsibility to guide youths."

- Singapore Mufti Dr Fatris Bakaram 124

Arising from globalisation trends in Singapore, the Muslim youth face identity crisis (aLive.sg,
2014). They are unable to form their religious identity vis-a-vis ethnic, cultural and national
identities. Some youth may over-commit themselves in religious matters while others may be
more secular-oriented without considering religion at all. Some are swayed by negative
influences, losing their religion, dignity and status. The Singapore government is worried
those youth who have little knowledge about Islam may end themselves joining the terrorist
groups. Hence, the scholars must wake up. There are hundreds of scholars in Singapore.
They must do more to impact society and give the youth hope and guidance.

In my opinion, while the onus is on the scholars to guide the youth, a suggested approach is
to adopt a paradigm shift by remaining to have multiple identities but ensuring that only the
best one layer from one of those identities is portrayed. In matters of religion, he must be
steadfast in performing five (5) essential pillars of Islam. The daily obligatory prayers cannot
be compromised. Those matters which are prohibited in the Koran and Sunnah cannot be
tolerated. At the same time, a Muslim can still enjoy practising his ethnic and cultural
activities. As a citizen, he must avoid all crimes e.g. drug addiction, gang fighting, theft. At
the same time, many customary practices uphold youth to respect the elderly and live
harmoniously with other races. Tariq Ramadan 125 (2009) mentioned the following:

123
This is also known as Muslim inheritance law which “stipulates how the estate of a Muslim is to be dealt with and
distributed after his or her death in the event he/she passes away intestate.” (The Law Society of Singapore, 2015)
124
Channel NewsAsia, Religious rehabilitation, social integration key to counter-terrorism efforts: Experts, 16 April
2015, http://www.channelnewsasia.com/news/singapore/religious-rehabilitation/1788962.html, accessed 21 April
2015
125
Professor of Contemporary Islamic Studies at Oxford University.
Page 33 of 61
 “I am Swiss by nationality, Egyptian by memory, Muslim by religion, European by
culture, universalistic by principle, Moroccan and Mauritanian by adoption....I live with
those identities...”

By having multiple overlapping identities, either way, the youth will have a sense of identity
and energised to improve themselves and the environment for a good cause.

LGBT Movement

The increasing trend126 supporting and promoting the lesbian, gay, bisexual and transsexual
(“LGBT”) people in Singapore is a concern for Muslims. In fiqh, it is understood that sexual
relationship can only occur between a man and a woman only. However, the modern world
today has seen a rise in open relationships of the same sex. Though this is not in line with
Shariah, the Muslim minority has to respect the decision of others and at the same time,
educate the youth about the vices of such sexual disorientation. This is to ensure a proper
continuation of progeny.

A local scholar, Dr Firdaus Yahya, pointed out 127 that there is no conclusive scientific
evidence that LBGT is a natural process. Even if this is proven that LGBT is hereditary in
nature, it can be rectified through education or therapy. Islam does not support 128 the idea of
humans embracing or supporting LGBT, but it does offer a viable solution. Homosexuality
can be traced back during Prophet Lut’s time.

In the case of hermaphrodite, god is most forgiving as a person of such nature poses genitals
of both gender. If both genitals are working, that person can choose the gender based his/her
preference or based on which gender behaviour is more dominant, before undergo a sex
change and this is permitted in Islam.

Social Integration

“Muslims in Singapore live in a secular state, together with other religious groups…
We want our society to be integrated, with citizens living together in the same
housing estates, attending the same schools, and patronizing the same markets and
eating places”.

- Prime Minister Lee Hsien Loong 129

126
The Pink Dot movement is gaining more support over the years. It promotes the theme that everybody has the
freedom to love. See http://pinkdot.sg/, accessed 01 April 2015
127
Jurnal Dakwah (PERGAS) in December 2012 edition
128
This is based on the hadith stating that “The Prophet (‫ )ﷺ‬cursed women who imitate men and men who imitate
women.” (Sunan Abi Dawud 4097, Book 34, Hadith 78). In the Koran, the verse is “We [Allah] sent Lot who said to
his people – How can you [all] commit an abomination such as no one in the world has ever done before you” (Surah
A-A’raf, verse 80)
129
In a written interview with Berita Harian, see http://www.pmo.gov.sg/mediacentre/prime-minister-lee-hsien-
loong%E2%80%99s-written-interview-berita-harian, 06 November 2014, accessed 08 March 2015.
Page 34 of 61
 Singapore’s late Mentor Minister Lee Kuan Yew has urged the Muslims in Singapore to put
in more effort to integrate with society130. Meanwhile, Prime Minister Lee Hsien Loong has an
opinion131 that “Muslims are a valued and respected community, who have done a good deal
to strengthen our harmony and social cohesion." The latter statements are evidenced when
the social cohesion of the Muslims with other religious groups in Singapore are not affected
despite many negative publicities on false Islam (e.g. September 2011 bombings, ISIS 132,
Jemaah Islamiyah terrorists, prophet Muhammad ‘s cartoon caricatures).

According to the Minority Rights Group (2015), the Malay-Muslims are not included in certain
military professions, particularly Intelligence, the Navy, and Air Force. Hence, this may
deprive the best abled Muslims from serving their country. The Singapore Defence Minister
mentioned133 that Malay-Muslims are excluded from the Navy due to the fact that halal-
certified kitchen has to be prepared in the ships.

I hope that the Muslim minority will be given better opportunities like the majority to prove
they can contribute to the nation.

Adoption of Shariah by Singapore Courts

Difference of opinion in the community is a token of divine mercy…

- Imam Abu Hanifah in his book al-Fiqh al-Akbar

It is likely that any fatawa or Shariah rulings will not remain binding to the civil courts in
Singapore even in near future. Nevertheless, I am confident that the Singapore courts will
provide the best decision with both parties (based on equity or common law), which will
indirectly aligned close to the spirit of Shariah (e.g. maslahah or istihsan), achieving a similar
effect (to some extent) as the maqasid.

130
Kuan Yew Lee, Fook Kwang Han, Hard Truths to Keep Singapore Going, Straits Times Press, 2011. In the book,
MM Lee Kuan Yew states that “we were progressing very nicely until the surge of Islam came… I would say, today,
we can integrate all religions and races, except Islam”. A news article by AsiaOne entitled “No ban on Lee Kuan
Yew's book, says Malaysian minister” mentions that the one of the book containing comments of Lee Kuan Yew is
being scrutinised by The Department of Islamic Development of Malaysia as some of his comments seem to offend
Muslims in Singapore. See http://news.asiaone.com/News/AsiaOne%2BNews/Singapore/Story/A1Story20111209-
315235.html, accessed 01 April 2015
131
AsiaOne, MM Lee: I stand corrected,
http://news.asiaone.com/News/AsiaOne+News/Singapore/Story/A1Story20110308-267055.html, 08 March 2011,
accessed 27 February 2015.
132
Islamic State of Iraq and Syria
133
The Sunday Times, Malays deployed in the SAF as sailors: Ng Eng Hen, 16 February 2015,
http://www.straitstimes.com/news/singapore/more-singapore-stories/story/malays-deployed-the-saf-sailors-ng-eng-
hen-20150216, accessed 19 April 2015
Page 35 of 61
 Education

Religious scholars in Singapore continue to face new challenges. According to Aljunied

(2015), they are divided into three (3) types:

 Autonomous (i.e. they preach freelance)

 Working for non-governmental institutions (e.g. PERGAS, Muhammadiyah, Jamiyah,
PERDAUS, etc.)
 Working for religious state agencies (i.e. MUIS, Syariah Court)

Considering that there is now a trend to have global Muslim intellectuals, our local scholars
have to be equipped with both religious and secular knowledge as part of “societal
expectations”. In addition, the digital age around the world can make the religious scholars
outdated as many of them shun from such media due to their perception that learning religion
online constitutes lack of learning manners and ethics (i.e. adab). Many members of the
public are busy online most of their time, as usage of smart phones is considered the norm.
It is obvious that they will come across religious queries which have not been verified by
established scholars. MUIS and PERGAS may want to urge the local scholars to be active
online in social media to ensure as gatekeeper that the Muslims get the correct information
on religion at all times.

In addition, the scholars have to stop arguing among themselves with different ideologies.
Issues such as validity of Mawlid134, mass dzikr 135 and inter-madzahib debate should cease.
Firdaus Yahya (2015) said that these issues are “age-old arguments…that can never be
resolved”. MUIS mentioned in its sermons136 that “matters that involve the differences of
opinion of scholars, for example, should not hold us back from progressing together.
Khilafiyyah issues 137 are not the main issue, or the root of the matter”. Hence, scholars in
Singapore should drive their focus on solving the main current issues affecting the lives of
the Muslim minority in Singapore. These issues may include environmental pollution, gender
rights, ban of hijab, LGBT movement, and degradation of moral values and drug addiction
among the youth.

The MUIS Academy and PERGAS have current programmes to train the scholars (as per
Appendix K). In my opinion, the scholars need to achieve not just seeking the knowledge of
Islam but inheriting wisdom to be strategic in solving issues in daily lives. This is where the
education of ihsan / akhlak / tasawwuf based on traditional approach (i.e. halaqah) has to be
re-introduced. This is critical because138 the scholars themselves need spiritual guidance

134
Celebration of the birth of the prophet Muhammad ‫ﷺ‬.
135
Dzikr refers to the ritualistic chanting to glorify god. There are many Muslim groups all over the world which
practise regular dzikr. They are Sufis. Refer to Appendix M – Sectarianism of Islam in Singapore.
136
MUIS Friday Sermon, Islam – A Religion That Offers Solutions, 24 April 2015 / 5 Rejab 1436,
http://www.officeofthemufti.sg/documents/E15Apr24-%20Islam%20–
%20A%20Religion%20That%20Offers%20Solutions.doc, accessed 24 April 2015
137
These are open interpretations of Shariah law and hence scholars and Muslims should not be debating whether
who is right or wrong.
138
Ibid
Page 36 of 61
 before guiding others. If their knowledge increases but guidance does not, it is feared that
they are experiencing istidraj (i.e. spiritual distancing from god).

In addition, to expand the knowledge of fiqh among the public, my personal suggestion is
have our own local set of fiqh books, Panduan Ilmu Fiq’h Syeikh Omar Al-Khatib139, to be the
mainstream reference books for the public and the madaris and translated into English. This
is because these books have compiling the opinions of some of the great scholars and saints
pertaining to the following:

 Estate Planning using Faraid

 Prayers
 Fasting and Zakah
 Munakhahat
 Purification
 Funerals
 Food and clothings
 Hajj and umrah

Business Strategy to Push Islamic Finance

Although this section discusses about business development which has no direct relationship
to the Model or contemporary fiqh, the growth of Islamic finance is crucial to ensure that the
Maqasid in terms of wealth (mal) is realised, ensuring that wealth does not circulate among
the rich. Everybody, regardless of religions, are able to benefit due to its ethical 140 nature of
Islamic finance.

Since it is clear that the Singapore government is expecting the market forces to drive Islamic
finance, a strategy has to be in place through shura among all the Islamic finance players
with an ameer (leader) appointed. My suggestion is that MUIS and PERGAS should
spearhead this task.

Islamic banking and finance in Singapore has a long was to go. In summary, it has to focus
on its infrastructure (i.e. Shariah governance and compliance) and business development.
The additional risks that Islamic finance players need to manage is the Shariah non-
compliance risks.

Appendix L will detail the business strategy to grow Islamic finance in Singapore.

139
Guidance of Fiqh of Syeikh Omar Al-Khatib. The set of books is written by Ustaz Salleh Bin Abdul Hamid, one
of the students of the late Syeikh Omar Al-Khatib who is the grand teacher of many scholars in Singapore. His
biography is detailed here: http://ibnyahya.com/1997/syeikh-umar-bin-abdullah-al-khatib/, accessed 20 April 2015.
140
“The Vatican [from Pope Benedict XVI] said banks should look at the rules of Islamic finance to restore confidence
amongst their clients at a time of global economic crisis.” Vatican Says Islamic Finance May Help Western Banks in
Crisis, Dated 4 March 2009, http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aOsOLE8uiNOg,
accessed 01 April 2015.
Page 37 of 61
 PART V – CONCLUSION

Necessity is measured in accordance to its true proportion.

- Legal maxim, article 21

The fundamental principles of the Model are summarised as below:

1. Tools - Ijtihad and understanding of fiqh al-waqi‘ are some of the tools for Muslims when
faced with new challenges in this modern world. Other relevant tools are maslaha, darura,
taysir al-fiqh (making fiqh easy) and ‘urf (custom).

2. Threshold - Fundamentals in Shariah cannot be compromised when flexibility is exercised.

3. Application - Flexibility is exercised for the whole Muslim minority in that location at that
time only. The new rulings are applicable for the minority at that place at that time only.

4. Objective – The aim is facilitate (taysir) lives of Muslims living with the non-Muslim majority
without compromising the Maqasid.

5. Variables - The rule changes in accordance with time, place, and circumstances.

The Model is definitely a desideratum for the Muslim minority in Singapore. Fiqh rulings based
on Shariah can be adapted based on circumstances. Having a parallel legal system, the basis
of the Model applied in Singapore is “flexibility and applicability of Islamic laws at every place,
time and context”. This means that Islam, if properly and contextually applied, can be practised
anywhere. The Model is not simply limited by the primary sources of Shariah but rather takes
into serious condition “the living conditions and the realities faced by a community” (MUIS,
2014).

Associate Professor Ann Black (2012) from University of Queensland mentioned the
following141:

“What Singapore showcases is a workable example of formal legal pluralism. Co-existing

with Singapore’s well respected common law system is its Syariah system, in which a
Syariah court applies special laws enacted exclusively for Singapore’s Muslim population,
separately administered yet fully government-funded.”

She further said that although there are jurisprudential conflicts between common law and
Shariah law in Singapore, these conflicts re either minimal or “notoriously difficult to
resolve”142. Eventually, it seems to me that AMLA, the brainchild of Dr Ahmad Ibrahim,

141
Ann Black, Lessons from Singapore: An Evaluation of the Singapore Model of Legal Pluralism, Working Paper
Series No.026, July 2012, Asian Law Institute.
142
In my opinion, this concludes that the application of umumual balwa allows the Muslims in Singapore to live with
conditions that conflict against Shariah, not because of choice but due to the living system in Singapore which is
unavoidable and too difficult to resolve. Hence, the rukhshah has to be applied as well.
Page 38 of 61
 together with the Model, seem to work out for Muslims to maintain their presence in Singapore.
The legislation that facilitates enactment of Shariah in accordance to Shafie mazhab, the
solidarity of scholars working together to provide fatawa unique for Singapore context, and
the pragmatic mind-set of the Muslims to advance spiritually, intellectually and economically
are, in my opinion, the most critical success factors for this country to ensure that the deen
remains relevant.

The deen is designed to offer solutions to mankind. MUIS (2014) explains that the wasatiyyah
principle (as earlier mentioned by Sheikh Yusuf Al-Qaradawi) is essential to Singapore
Muslims. This concept ensures that Muslims have good manners and integrity to maintain
peace with the non-Muslim majority. Making religious practices easy in consideration to
human diversity is important especially in missionary work, what more if Muslims are a
minority.

In my opinion, to enhance the living conditions of the Muslims in Singapore, the Model needs
to be applied together with other complementary concepts. In a speech by Sidek Saniff 143, the
concepts which originated from Sheikh Yusuf Al-Qaradawi are:

 Fiqh al-Alawiyyat (fiqh of priorities)

 Fiqh al-Maslahah (fiqh of general benefits)

 Fiqh al-Muwazzarah (fiqh of equilibrium)

The Muslim minority, just like any citizens, must contribute to society. Without sacrificing their
fundamentals in the deen, it is important that the Muslim must present Islam to everybody in
its best and honourable manner to gain social respect. Hence, the Model is important so
Muslim minorities can “preserve their identities under somewhat different customs, legislation
and laws” (Alwani, 2012).

It is clear that the Singapore government has accepted religious groups 144, including the
Muslim minority, to create a plural society. Religions and religious groups play a crucial role
in social development. The Singapore government places high priority on the economic
development and social harmony. Hence, religious doctrines will generally align to such
government’s policy.

It is the duty of the Muslim minority to ensure that they remain relevant to contribute to society
- by acquiring necessary knowledge and proving to society that proper Islamic law can be fully
implemented for the benefit of everybody regardless of their social class and religious beliefs.

143
He was speaking as a Singapore Senior Minister of State (Environment) during an opening ceremony of the
International Da’wah Conference 2000 which was organized by Darul Arqam (Singapore) on 19 September 2000 and
held in Marina Mandarin Singapore. Refer to National Archives of Singapore:
http://www.nas.gov.sg/archivesonline/data/pdfdoc/ss20000919b.pdf, accessed 25 January 2015
144
There are at least 100 religious groups (including mosques) in Singapore conducting programmes and classes to
ensure continuous development of the Muslims in Singapore. See http://www.islamicevents.sg/organisations,
accessed 10 April 2015.
Page 39 of 61
 Hence, the concept of Dar al-Islam145 and Dar al-Harb do not relevant for Singapore. The
concept of Dar al-Sulh146 seems more appropriate.

Considering that the Muslim minority has a safe environment to live in and supportive
government in Singapore, they must work together in having their own community, with the
purpose of serving themselves and the country. Without solidarity or collective effort, they may
lose their unique identity in society.

The Koran mentions the importance of social unity:

ْۚ‫َوٱ ۡع َت ِص ُمو ْا ِ َِب ۡبلِ ٱ ه َِّلل َجَ ِ ي ٗعا َو ََل تَفَ هرقُو ْا‬
And hold fast by the covenant of Allah all together and be not disunited…

- Koran, Surah Al-Imran, Verse 103

The local scholars must also have good working and cordial relationship with the Singapore
government so that any issues relating to Islam can be resolved with trust and goodwill.
Regardless of race, language or religion, it is just too imperative for me to reiterate that the
Muslim minority, just like other religious or ethnic groups, cannot become weak. They have to
ensure they gain the necessary knowledge and skills and prove to society their calibre by
making themselves indispensable citizens, for their country and for their religion. According to
Parray (2012), some of the disciplines the Muslim minority needs to master are social studies,
economics, political science and international relations.

It is a fundamental matter to note that the religion comprises both the non-principle matters
and absolutes. While the former can adapt to different situations, the latter cannot be changed.
It is the duty of the scholars and religious authorities to be cautious and establish when
flexibility is applied and how the contextualisation can be carried without compromising the
core objective of the deen which is to achieve piety and state of god-consciousness147 among
the Muslim minority in Singapore. Hence, when fiqh Aqalliyyat is applied based on correct
manhaj, Islam will always remain relevant regardless of time and space.

In conclusion, the Model has brought success to Singapore in its unique way. Yet, the obvious
shortcoming is that the Model has not alleviated the financial status of the Muslim minority.
They need to be financially literate. Using fiqh al-Alawiyyat, they need to avoid buying luxuries
and focus on saving for the future – for their family and religion. This is a problem linked to
attitude, not religion.

145
“Territories within the Muslim ’umma's supremacy and in which Islamic law prevails”. (The Concise Oxford
Dictionary of World Religions, 2003)
146
Territory of treaty. Non-Muslim territory…agreeing to protect Muslims and their clients in that territory”. Some
scholars view this as a territory of friendly nations. (Oxford Islamic Studies Online,
http://www.oxfordislamicstudies.com/article/opr/t125/e496, accessed 22 February 2015)
147
Shariah is literally associated with the theme “way to water”. In my opinion, water symbolises the source of life
and the former represents the framework on how best Muslims can implement their present and future affairs
systematically. Meanwhile, the latter represents “falah” which is success obtained when Muslims obtain “water” to
survive in this world and hereafter, not just individually but collectively as ummah of the last prophet.
Page 40 of 61
 Even the holy verse reveals the following:

ِّ ِّ ٓ ۡ ِّ ۡ ِّ ِّ ۡ
ِّ
ٗ‫شيطَ ُن ل َربهۦ َك ُفورا‬ ِّ
َ ‫ش ٓيَطْي َوَكا َن ٱل‬ َ ‫إِّ َن ٱل ُمبَذ ِّر‬
َ ‫ين َكانُـأواْ إخ َٓو َن ٱل‬
[Do not spend wastefully…] Indeed, the wasteful are brothers of the devils, and ever has
Satan been to his Lord ungrateful.

- Koran, Surah al-Isra, Verse 2

MUIS can assist by appointing selected mosques to provide Islamic wealth advisory services
to the community. As a matter of urgency, this should be made free of charge but mandatory
for all Muslims to seek financial advice within a period of 1 year. Certified Islamic financial
planners such as those from Financial Alliance, Amanah Asset and HTHT Advisory Services
are able to collaborate with those mosques to work out financial solutions for the Muslim
minority in Singapore. Hence, while the Muslims will be better managing their finances, such
service will ensure the mosques are able to generate revenues through investments and
financial planning, instead of relying on public donations.

The Maqasid also concludes that the 14.7% Muslim minority in this secular nation also cannot
afford to lag behind the rest in terms of intellectual and economic progress. Islam is a syumul
(i.e. comprehensive) religion with a dynamic system of priorities and flexibilities, but this
portrayal depends much on the Muslims applying it. Without the right attitude, knowledge and
pragmatism, the Model may soon be irrelevant. If they do not help themselves, nobody will.

‫َّت يُـغَِّّيُواْ َما ِِّبَن ُف ِّس ِّه ۡم‬ ٍۡ

ٓ َ ‫ٱّللَ ََل يُـغَِّّيُ َما بَِّقوم َح‬
َ ‫إ َن‬
Verily! Allah will not change the good condition of a people as long as they do not change
their state of goodness themselves…

- Koran, Surah Al-Ra’d, verse 11

Lastly, it is important to note that this perfect deen comprises 3 basis elements – Islam, Iman
and Ihsan. While many Muslims in this modern world tend to focus on the first 2 elements, the
third one is often, and sadly, neglected 148. I hope that the education of the Muslim community
in this Little Red Dot will also focus on tasawwuf / akhlak / adab149 which will lead to tazkiyah
(soul purification), resulting in clarity of the mind and positive change in the lives of every
Muslim. From there, every Muslim will be an agent of change and impact in this first world
economy.

148
The renowned Shaikh al-Hadith, Muhammad Zakariyya Kandhelwi wrote a book “The Inseparability of Shari’a &
Tariqa” which was published by Madania Publications in 2011. He shared that the deen cannot be learnt through books
alone, but it must be accompanied through good manners and pious companies i.e. saintly scholars. Accordingly, fiqh
(including the Model) is knowledge of exoteric deeds while tasawwuf (from Ihsan) is knowledge of esoteric deeds.
Hence, Islamic spirituality cannot be ignored especially in this modern age.
149
Adab refers to attitudes, manners and etiquettes of a Muslim towards all creations of god.
Page 41 of 61
 ِّ ٓ ۡ ۡ ِّ ۡ ِّ ۡ ۡ ۡ ۡ ۡ ِّ ۡ ۡ ۡ ۡ ۡ
ِّ ُ ‫ت َعلَي ُكم نع َم ِِّت َوَرض‬
ٗ‫يت لَ ُك ُم ٱۡلسلَ َم دينا‬ ُ ‫ت لَ ُكم دينَ ُكم َوأَۡتَم‬
ُ ‫ٱليَـوَم أَك َمل‬
This day150 have I [Prophet Muhammad ‫ ]ﷺ‬perfected your religion [deen] for you [Muslims],
completed my favour upon you, and have chosen for you Islam as your religion.

- Koran, Surah al-Maidah, verse 3

References

Ahcene Lahsasna (2014), Shari'ah Non-compliance Risk Management and Legal Documentations in
Islamic Finance, Wiley Finance.

Aidil Zulkifli (2010), The Fate of Fatwa in Singapore, Association of Muslim Professionals,
www.amp.org.sg/edisi/data/Publications/Karyawan%20-
%20Vol%2010%20Issue%201/Vol10%20Iss1%20-%20Focus%20-%20Fate%20of%20Fatwa.pdf,
accessed 18 February 2015

Al-Qaradawi Y (2003), Fiqh of Muslim Minorities – Contentious Issues & Recommended Solutions, Al-Falah
Foundation, Egypt, https://islamfuture.files.wordpress.com/2009/12/fiqh-of-muslim-minorities.pdf,
accessed 24 March 2015

Al-Alwani, Taha Jabir (2012), Fiqh of the Muslim Minorities,

http://islamicstudies.islammessage.com/Article.aspx?aid=579, accessed 26 January 2015
Al-Alwani, Taha Jabir (2003), Toward a Fiqh for Minorities – Some Basic Reflections (Occasional Papers
Series 18), The International Institute of Islamic Thought (London-Washington).

Andrew F. March (2009), Sources of Moral Obligation to non-Muslims in the “Jurisprudence of Muslim
Minorities” (Fiqh al-aqalliyyāt) Discourse, Islamic Law and Society 16 (2009) 34-69.

Anas bin Mohd Yunus, Anisah binti Ab. Ghani, Saadan bin Man, Mahani binti Mohamad, Wan Mohd Yusof
bin Wan Chik,An Analysis of Fiqh al-Waqi` (An Understanding of Contemporary Problems) on the Ruling
of Compulsory Boycott of KFC (Malaysia), International Journal of Humanities and Social Science, Vol. 3
No. 1; January 2013.

Auda Jasser, Maqasid Al-Shariah – An Introductory Guide, International Institute of Islamic Thought,
www.jasserauda.net/new/pdf/maqasid_guide-Feb_2008.pdf, accessed 12 February 2015

Black Ann (2012), Lessons from Singapore: An Evaluation of the Singapore Model of Legal Pluralism,
Working Paper Series No.026, July 2012, Asian Law Institute.

Bloomberg, Singapore Debuts First Sharia ETF, 28 May 2008, http://www.bloomberg.com/bw/stories/2008-

05-28/singapore-debuts-first-sharia-etfbusinessweek-business-news-stock-market-and-financial-advice,
accessed 01 March 2015

Channel NewsAsia (2014), UK, Singapore welcome deeper cooperation in first financial dialogue,
http://www.channelnewsasia.com/news/business/singapore/uk-singapore-welcome/1622038.html dated
28 January 2015, accessed 29 February 2015.

150
This occurs in year of 632 AD when one of the final verses of the Koran was revealed and when the death of the
prophet is getting nearer.
Page 42 of 61
El-Gamal M.A. (2006), Limits and Dangers of Shari`a Arbitrage, accessible at
http://www.ruf.rice.edu/~elgamal/files/Arbitrage.pdf, viewed 29 February 2015
Gulf-Asia Shari’ah Compliant Investments Association (GASCIA), The Islamic Finance Story in Singapore,
http://gascia.org/development-of-islamic-finance.html, accessed 22 February 2015.

Hamid Sani (2013), Selling Islamic Products – Approaches & Challenges, Islamic Financial Services
Conference, 1st October 2013, Financial Alliance Islamic Wealth Advisory, Singapore.

Hassan, Said (2013), Fiqh al-Aqalliyyāt: Negotiating Discourse of Tradition, Modernity and Reform, Faculty
of Languages and Translation's Journal, al-Azhar University, Issue 5, part 2, July 2013, pp. 219-244.

Hassan H (2002), Our da’wah: Law abiding & constitutional, http://haniff.sg/en/short-articles/our-dawah-

law-abiding-constitutional/, accessed 20 March 2015

Hayat, Usman and Malik, Adeel (2014), Literature Review – Islamic Finance, Ethics, Concepts, Practice,
CFA Institute Research Foundation.
Hussin Mutalib (2012), Singapore Malays: Being Ethnic Minority and Muslim in a Global City-State,
Routledge Contemporary Southeast Asia Series, New York.

Hussin Mutalib (2008), Islam in Southeast Asia, Southeast Asia Background Series No. 11, Institute of
Southeast Asian Studies, Singapore.

IBFIM (2006), Fiqh al-Muwazanat: The Art of Weighing Between the Alternatives in Syariah Decision-
Making and Its Doctrinal Approach in Malaysian Islamic Financial Market (Part II),
http://www.ibfim.com/images/media/articles/muwazanat_2_032006.pdf, accessed 05 April 2015.

Kamal M.H, Qawa’id al-Fiqh: The Legal Maxims of Islamic Law, The Association of Muslim Lawyers,
http://www.sunnah.org/fiqh/usul/Kamali_Qawaid_al-Fiqh.pdf, accessed 10 March 2015.

Khaled Abou El Fadl (2006), Islamic Law and Muslim Minorities – The Juristic Discourse on Muslim
Minorities from 8th to 17th Century CE / 2nd to 11th Century Hijrah, MUIS Occasional Paper Series No. 3,
https://www.muis.gov.sg/cms/uploadedFiles/MuisGovSG/Research/MOPS%203%20_content.pdf,
accessed 6 February 2015.

Kong Lily (1993), Ideological hegemony and the political symbolism of religious buildings in Singapore,
http://scholarbank.nus.edu.sg/handle/10635/19905

Krishnaswami, A. (1960), Study of Discrimination in the Matter of Religious Rights and Practices, UN
Publication Catalogue Number 60. XIV, 2, http://politics-of-religious-
freedom.berkeley.edu/files/2011/06/Krishnaswami_19601.pdf, accessed 22 January 2015

Law Society of Singapore (2015), Faraid or Muslim Inheritance Law,

http://www.lawsociety.org.sg/forPublic/YoutheLaw/FaraidorMuslimInheritanceLaw.aspx, accessed 25
March 2015.

Majlis Ugama Islam Singapura (Islamic Religious Council of Singapore), www.muis.gov.sg, accessed 05
December 2014 – 20 April 2015.

Minority Rights Group International (2014), http://www.minorityrights.org, accessed 18 February 2015.

Muhammad Haniff Hassan and Sharifah Thuraiya S.A. Alhabshi (2011), Contemporary Fiqh in Singapore:
Some Observations, https://counterideology2.files.wordpress.com/2011/07/article-contemporary-fiqh-in-
singapore-icr-journal.pdf, accessed 26 February 2015

National Archives of Singapore, http://www.nas.gov.sg, accessed 25 January 2015 – 28 March 2015.

Noor Aisha Binte Abdul Rahman (2014) Convention on the Elimination of Discrimination Against Women
and the Prospect of Development of Muslim Personal Law in Singapore, Journal of Muslim Minority Affairs,
34:1

Page 43 of 61
Nooraslinda Abdul Aris, Rafidah Mohd Azli, Rohana Othman, Maqasid Shari’ah in Islamic Finance:
Assessment On Ideologies of Muslim Philosophies and Economists, Paper Proceeding of the 5th Islamic
Economics System Conference (iECONS 2013), "Sustainable Development Through The Islamic
Economics System” (Organized By Faculty Economics And Muamalat, Universiti Sains Islam Malaysia,
Berjaya Times Square Hotel, Kuala Lumpur, 4-5th September 2013), http://nuradli.com/iecons2013/2C-
5.pdf, accessed 02 February 2015.

Rasban S. (2008), Muslims And Financial Planning, Karyawan – The AMLA Amendments,
http://www.amp.org.sg/edisi/data/Publications/Karyawan%20-
%20Vol%209%20Issue%202/Vol9%20Iss2%20-%20SocioEcon%20-
%20Muslims%20%26%20Financial%20Planning.pdf, accessed 08 March 2015

Rasban S. (2010), Critical Analysis of AMLA in Estate Matters, Pustaka Nasional Pte Ltd and HTHT
Advisory Services Pte Ltd.

Rasban S. (2014), Baitulmal in the Fara’id System – Rethink and Revise, HTHT Advisory Services Pte Ltd

Research on Islamic and Malay Affairs (2015), http://www.rima.sg, accessed 21 March 2015 – 12 April
2015

Rekhess E. and Rudnitzky A. (2013), Muslim Minorities in Non-Muslim Majority Countries: The Islamic
Movement in Israel as a Test Case, The Konrad Adenauer Program for Jewish-Arab Cooperation (Tel Aviv
University).

Reuters, “DBS Islamic unit makes partial retreat from Mideast" and “DBS makes partial retreat from Islamic
banking”, 24 May 2010, accessed 06 March 2015.

Rural Economic and Community Development Organization, Community Coexistence, 25 February 2011,
www.recdo.org/files/community_coexistence_english_book_1.pdf, accessed 20 February 2015.

Sadia Karim, mailer@infusionmail.com, 2015. This is what I learned about Islamic Finance industry in last
five years. [E-mail] Message to FAZRIHAN BIN MOHAMED DURIAT (fmduriat@maybank.com.sg). Sent
Monday, 23 February, 2015 11:19 PM (GMT+8). Available at:
https://wv175.infusionsoft.com/app/hostedEmail/141117/40d0ae447c65052d?inf_contact_key=18cbc79cf
77c4c68171b65616b81c9506cd3746fad47bc17eb8a1eb149048fe8 [Accessed 27 March 15]

Siddiqi M.Y.Z. (2006), The Prophet Muhammad—A Role Model for Muslim Minorities, Islamic Foundation,
UK.

Singapore Press Holdings, Mufti raps netizens over tudung issue, 30 October 2013,
http://news.asiaone.com/news/singapore/Mufti-raps-netizens-over-tudung-issue, accessed 26 January
2015.

Singapore Islamic Scholars & Religious Teachers Association (PERGAS), Media Statement - PERGAS’
Response to the Tudung Issue for Female Muslims at the Workplace, 08 November 2013,
http://v1.pergas.org.sg/wp-content/uploads/2013/11/Media-Statement-Tudung-Issue-8-November.pdf,
accessed 27 January 2015.

Singapore Islamic Scholars & Religious Teachers Association (PERGAS) (2004), Moderation in Islam In
the Context of Muslim Community in Singapore, Singapore.

Singapore Islamic Scholars & Religious Teachers Association (PERGAS), http://www.pergas.org.sg,

accessed 18 February 2015 – 20 April 2015.

Springwise.com, In Singapore, ethical investment firm complies with Shari’ah law.

http://www.springwise.com/singapore-investment-firm-complies-shariah-law, accessed 01 March 2015

Straits Law, Legal Updates, 13 August 2013, http://www.straitslaw.com.sg/legal-update/sukuk-singapore-

and-special-role-muis-its-development, accessed 20 March 2015.
Page 44 of 61
Tauseef Ahmad Parray (2012), The Legal Methodology of “Fiqh Aqalliyat” and Its Critics: An Analytical
Study, Journal of Muslim Minority Affairs, Vol. 32, No. 1, March 2012

The Islamic Globe (2015), Bureaucracy holds up Singapore, 22 February 2012,

http://www.theislamicglobe.com/index.php/article/1402-bureaucracy-holds-up-singapore, accessed 07
March 2015.

Today Online, Govt’s stance on tudung issue evolving, says PM Lee, 25 January 2014,
http://www.todayonline.com/singapore/govts-stance-tudung-issue-evolving-says-pm-lee?singlepage=true,
accessed 26 January 2015.

Tariq Ramadan (2009), What I Believe, Oxford University Press

Walid Jumblatt Abdullah (2012), Religious Representation in Secular Singapore – A Study of MUIS and
PERGAS, 30 July 2012, Department of Political Science, National University of Singapore,
http://scholarbank.nus.edu.sg, accessed at 28 February 2015

Yahya Firdaus, A Brief Commentary on the Article ‘The Ulama in Singapore and their Contemporary
Challenges’ January 2015, http://v1.pergas.org.sg/wp-content/uploads/2015/02/Commentary-on-Dr-
Khairudin-Article-Ustaz-Firdaus.pdf, accessed 17 April 2015.

Young Association of Muslim Professionals (Young AMP), Singapore (2013), Faith & Nature – An Eco-
Guide to Greening Faith Communities, http://www.youngamp.sg/eco-
guide/bookfaithandnature_forweb.pdf, accessed 06 February 2015

Appendices

 Appendix A – Muslim Minorities around the World

 Appendix B – Masjid Sultan, the Symbol of Islam in Singapore
 Appendix C – Islamic Finance Players in Singapore
 Appendix D – Islamic Courses in Singapore
 Appendix E – Managing the Wealth of Muslims in Singapore
 Appendix F – Decline of Islamic Finance in Singapore.
 Appendix G – Expansion of the Definition of “Asnaf”
 Appendix H - Current state of Wakaf in Singapore
 Appendix J – Lack of Authenticity in Islamic Financial Products
 Appendix K – Current Asatizah Programmes
 Appendix L – Business Strategy to Grow Islamic Finance in Singapore
 Appendix M – Sectarianism of Islam in Singapore

Page 45 of 61
 Appendix A – Muslim Minorities around the World

In Southeast Asia

In Israel and European Countries

(Source: Central Bureau of Statistics, Statistical Abstract of Israel 2012 – No. 63, Table 2.2.)

Page 46 of 61
 Appendix B – Masjid Sultan, the Symbol of Islam in Singapore

(Source: The Straits Times © Singapore Press Holdings Limited. Reprinted with permission)

Page 47 of 61
 Appendix C – Islamic Finance Players in Singapore

The major players 151 involved in Islamic finance in Singapore to-date are as follows:

Statutory body Companies

 Warees Investments  Sabana REIT

 MAS Sukuk Pte Ltd  Atlantic Navigation Holdings
 Swiber Holdings Limited
Banks and Financial Institutions  Ethis Pte Ltd
 Amanah Asset Management Pte Ltd
 Maybank  Halal-U.com
 CIMB  HTHT Advisory Services Pte Ltd
 OCBC  Financial Alliance Pte Ltd
 Islamic Bank of Asia  Ideal Ratings
 First Gulf Bank  ST&T International Pte Ltd
 Qatar National Bank  Syariah Consultancy
 United Overseas Insurance  Barakah Capital Planners

Fund Managers Associations / Organisations / Bodies

 Franklin Templeton  Gulf-Asia Shari’ah Compliant

 Amanah Mutual Berhad Malaysia
 Eastspring Investments
 Deutsche Asset Management
Investments Association
 PERGAS - Financial Syariah Advisory
Council
 Muslim Financial Planning Association
 Muslim Law Practice Committee
 Association of Muslim Lawyers
 SMU International Islamic Law and
Finance Centre
 SMU Islamic Business & Finance Society

Law Firms152

Abdul Rahman Law Corporation Jailani Shariff & Co

Allen & Gledhill Mallal & Namazie
Arfat Selvam Alliance LLC Norton Rose
Azmi & Associates RHTLaw Taylor Wessing LLP
Salem Ibrahim LLC Tan Rajah & Cheah
Wong Partnership

151
These include statutory bodies, banks, financial institutions, private investment network, fund managers and private
companies and non-profit organisations, to my best knowledge.
152
These law firms have lawyers with basic background in Shariah law or they have handled Syariah matters before.
Page 48 of 61
 Appendix D – Islamic Courses in Singapore

Institut Pengajian Islam PERGAS

(PERGAS Institute of Islamic Studies - http://ipip.sg)
Courses

 Pengajian Al-Qur’aan
 Bahasa Arab
 Seni Kaligrafi Bahasa Arab
 Kursus Persiapan untuk GCE O dan GCE A Level
 Program Takrif Islam
 Sijil Pengajian Islam
 Sijil Lanjutan Pengajian Islam
 Diploma Pengajian Islam
 Bachelor of Islamic Revealed Knowledge & Heritage and Comparative Religion
(International Islamic University Malaysia)

Institut Pengajian Tinggi Al-Zuhri

Al-Zuhri Institute of Higher Learning
(http://www.zuhri.com.sg)
Courses

 Kursus Memahami Solat

 Kurusu Kaligrafi Arab
 Kursus Hayati Surah Pendek
 Kursus Iqra’
 Kursus Asas Faraid
 Kursus Hadith 40 Imam Nawawi
 Sijil Pengajian Ugama
 Sijil Pengajian al-Quran
 Sijil Pengajian Bahasa Arab
 Diploma Pengajian Islam
 Diploma Pengurusan Pendidikan Islam
 Sarjana Muda Pengajian Islam (Universitas Ibn Khaldon)

Page 49 of 61
 Muhammadiyah Islamic College
(http://mic.muhammadiyah.org.sg/index.php/courses)
Courses

 Pre Diploma Certificate In Arabic Language

 Pre Diploma Certificate In Islamic Studies
 Diploma In Arabic Language
 Diploma In Islamic Studies (Syariah)
 Bachelor In Syariah (Comparative Mazahib)
 Bachelor In Dakwah Management
 Special Course For Indonesian Domestic Workers)

New Programs To Be Launched Soon.

 Masters In Arabic (Universitas Islam Negeri (UIN), Malang)
 Masters In Islamic Civilization (University Technology Malaysia (UTM))
 Masters In Comparative Religion (University Technology Malaysia (UTM))
 Bachelor In Tafsir Hadith (Universitas Islam Negeri (UIN), Malang)
 Diploma In Islamic Counselling
 Diploma Program for Indonesian Domestic Workers

Page 50 of 61
 Appendix E – Managing the Wealth of Muslims in Singapore

As a country that applies fiqh aqalliyat, it is important that all efforts (to protect or enhance
the wealth of Muslims in Singapore) must be well coordinated and concerted to produce
a synergistic result. To-date, the Islamic finance and wealth management is left to market
forces to dictate.

Tools Applications in Singapore

A loan contract relating to a tangible asset. In Singapore, Darul
Arqam153 has set up a library154 for the public, containing rare and
classical Islamic reference and literature for academic purpose.
Ariyah / I`arah
It is hoped that ariyah can be applied for other purposes, such as
loan of laptops and school textbooks, to help those in needy,
through the Muslim philanthropists.

A gift contract. Scholars have made it permissible for gifts to be

given on conditional basis. LBKM 155 has given put several
Hibah scholarships and bursaries to outstanding Muslims students in
Singapore.

A loan contract relating to money. Some needy Muslim families

need to get Shariah-compliant loans to further their studies.
Qard Mendaki156 has several interest-free loan schemes to uplift the
education performance of the Muslims in Singapore.

A contract of security where buyer’s valuable assets are held as

collateral for the financing / loan given.

This is a lucrative market in Malaysia as a microcredit instrument.

When compared against conventional pawn shops and unsecured
personal loans, Rahn has advantages.
Rahn157
PERGAS intends to launch this Islamic pawn-broking businesses
soon in Singapore. It is assumed that such initiative will be the first
in Singapore to facilitate Muslims in getting additional financing
through Shariah-compliant means.

Kafalah This is essential a guarantee of a third party to settle the obligations

of another person incurring liability. Modern applications include

153
Muslim Converts' Association of Singapore (2015), http://www.darul-arqam.org.sg, accessed 05 March – 30
March 2015.
154
Al-Mawrid Resource Library was opened in Darul Arqam since 2012 (The Galaxy, 32 Onan Road, Level 3)
155
Lembaga Biasiswa Kenangan Maulud (Prophet Muhammad’s Birthday Memorial Scholarship Fund Board),
http://lbkm.org.sg/, accessed 10-27 March 2015
156
A group set up by Muslim leaders and the Singapore government to help the Muslim society as a whole. See
http://www.mendaki.org.sg; accessed 01 April 2015.
157
This is an Islamic equivalent of a pawn-broking business. The Shariah concepts used are Qardhul Hasan, Ar-
Rahnu, Al-Wadi'ah and Al-Ujrah.
Page 51 of 61
 personal and corporate guarantee (proportionate or joint and
several) which is currently practiced by many banks in Singapore
offering Islamic financings, such as Maybank, CIMB and Islamic
Bank of Asia.
The Islamic Religious Council of Singapore 159 has defined it as “a
voluntary charitable endowment, from ones’ personal belongings
or wealth in the form of cash / property for shariah compliant
causes”. (The current state of waqf is Singapore is as per Appendix
H.)

New Waqf models have been applied in Singapore i.e. waqf cash
and waqf. According to Ahmad Nizam Abbas160, the Muslims in
Waqaf158 Singapore have been contributing regular amounts of amount via
deduction of their salaries for more than 30 years through the
Mosque Building Fund enacted by law.

Another recent version, called Waqf Ilmu, intends to evidence that

Waqf is not just for rich people with houses and land, but it can be
done voluntary with a small donation for the purpose of developing
an Islamic education system in Singapore.

158
The terminology can be used interchangeably with the word “wakf” or “Waqf”.
159
MUIS (2015), Religious Aspect of Waqf, http://www.muis.gov.sg/cms/services/Waqf_abt_sub.aspx?id=17058,
accessed 01 April 2015
160
Straits Law, Legal Updates – 14 August 2013, http://www.straitslaw.com.sg/legal-update/waqf-Waqf-islamic-
asset-management-%E2%80%93-singapore-perspective, accessed 20 April 2015
Page 52 of 61
 Appendix F – Decline of Islamic Finance in Singapore

Below are key incidents in Singapore marking a decline in Islamic finance activities:

× Islamic Bank of Asia - Reuters (2010) has written two (2) articles stating that Singapore’s DBS
Group (via Islamic Bank of Asia), has stopped 161 offering Islamic financing facilities to
customers. It will though still focus on private equity and fee-based investment banking. Islamic
Bank of Asia did some restructuring, including transferring some Islamic bankers to DBS and
delegating new duties to existing staff.

× HSBC – Halal-U.com (2015) has reported that HSBC Group has stopped offering takaful
services in Singapore since mid-November 2012 as the investment criteria are not met 162.
However, takaful seems to be back on business when the media company later reported ST&T
International launched a range of takaful products in April 2013, in collaboration with United
Overseas Insurance. ST&T International Pte Ltd announced that it will be offering a general
suite of takaful products to Muslims in Singapore, including Umrah Takaful, Mosque Takaful
and Hajj Emergency Medical Assistance 163 (ST&T International Pte Ltd, 2015).

× OCBC - OCBC Wadiah Monthly Savings Account was officially removed from the shelf since
07 May 2013164. The only Islamic products left are the Wadiah normal savings and current
account.

× ETF - Delisting and termination of the Daiwa FTSE Shariah Japan 100 (ETF). The Singapore
Exchange made an announcement in 11 May 2012 that the Islamic exchange traded fund will
be delisted due to commercial grounds165. On 31 July 2012, Daiwa Asset Management
(Singapore) Ltd (as manager) officially announced that ETF was officially 166 delisted from the
Official List of the Singapore Exchange Securities Trading Ltd.

× Islamic funds – Singapore Unit Trusts withdrew both its Shariah-compliant ethical unit trusts in
May 2012 and DWS closed 4 of its 5 Shariah compliant unit trusts (Sani Hamid, 2013).

× HDB home financing - According to The Islamic Globe (2015), Maybank Singapore has been
discussing with the Singapore authorities for two (2) years to launch an Islamic financing for
consumers to buy HDB 167 flats. However, the local authorities are reluctant to allow Islamic
financing because doing so will involve changing the legislation.

161
“DBS Islamic unit makes partial retreat from Mideast” and “DBS makes partial retreat from Islamic banking” -
both dated 24 May 2010 (Reuters, 2010).
162
HSBC to Exit Retail Islamic Finance Business in Many Countries Except Malaysia and Saudia Arabia; Stops
Offering Takaful in Singapore, 06 March 2015, http://halal-u.com/markets/52-hsbc-to-exit-retail-islamic-finance-
business-in-many-countries-except-malaysia-and-saudi-arabia-stops-offering-takaful-in-singapore,
163
Refer to website: http://takafulsingapura.com, accessed 10 March 2015
164
I did a mystery call to OCBC Singapore Contact Centre (+65 1800 363 3333 (24-hour) at 06 March 2015 (5:30pm
Singapore time GMT+8).
165
The prospectus required a USD40 million fund size but the current net asset value (as at 10 May 2012) was only
around USD928,000.
166
Refer to Singapore Exchange website:
http://infopub.sgx.com/SitePages/CorpAnnouncementDetails.aspx?A=COW_CorpAnnouncement_Content&B=Ann
ouncementLast1stYear&F=99B859A3011F37C748257A4C003119C6&H=026f8af29ed4f9a49038e37aec46a182a5c
e0c85562f959311a4066622238438; accessed on 01 March 2015
167
Housing Development Board
Page 53 of 61
 Appendix G – Expansion of the Definition of “Asnaf”

MUIS provides financial assistance by disbursing Zakat (tithe) which it collects from the Muslim
community to Singapore Citizens or Permanent Residents:

 suffering from chronic illness / kidney failure / physical or mental disabilities

 who have insufficient income*
 whose head of the family is currently in prison / DRC who are single parents in need of
financial support

Insufficient income is defined when a family or individual has per capita income (“PCI”) of less
than SGD 350.

Type of assistance schemes available through Zakat:

 Monthly Zakat Financial Assistance (Monthly cash)

 Settlement of Debt for basic necessities e.g. utility bills & service and conservancy
charges

 Emergency Assistance during unforeseen events such as natural disaster, fire or

emergency medical treatment.

 Burial Expenses upon the death of the zakat recipient

 Study Grants:

o Part-time Islamic Education fee subsidies

o Full-time Madrasah school fee subsidies
o National Exam fees (PSLE/N/O/A levels)

 Fidyah168 Food Vouchers to purchase food redeemable at authorised retailers.

(Source: MUIS, Financial Assistance, http://zakat.sg/Disbursement/financial-assistance.html,

accessed 18 April 2015)

168
Fidyah is payable when a Muslim is not able to fast based on certain criteria.
Page 54 of 61
 Appendix H - Current state of Waqf in Singapore

Some developments of Awqaf properties in Singapore:

1. Residential properties at Duku Road, Telok Indah (Waqf Kassim)

2. Service apartments at Somerset Bencoolen (Waqf Syed Omar Ali Aljunied)

3. Commercial properties at Dunlop Street, Kandahar Street, Pagoda Street, South Bridge
Road, Telok Ayer Street, Temple Street, Changi Road, North Bridge Road, Upper Dickson
Road and Joo Chiat Road.

4. Waqf mosques i.e. Masjid Haji Md Salleh (Makam Habib Nuh), Masjid Khalid, Masjid
Khadijah, Masjid Kassim and Masjid Bencoolen.

5. The Chancery Residence, an exclusive cluster housing in a prime district (Waqf Shia
Dawoodi Bohra)

6. Madrasah Al-Maarif Al-Islamiah at Lorong 39 Geylang (Asset Migration Waqf)

7. Sale and asset migration to 11 Beach Road for enhancing returns to beneficiaries

(Source: Islamic Religious Council of Singapore 169, 2015)

169
http://www.muis.gov.sg/cms/services/Waqf_abt_sub.aspx?id=17059#information, accessed 01 April 2015
Page 55 of 61
 Appendix J – Lack of Authenticity in Islamic Financial Products

Hayat and Malik (2014) mentioned that there are two (2) major diverse views on Islamic
finance. The first view is the scepticism of whether Islamic finance is truly Islamic. The
second view is the issue of whether Islamic finance adds economic value at all.

Prof Mahmoud A. El-Gamal in his paper170 commented that Islamic finance exists because
of Shariah arbitrage. This is where Islamic products are analogous halal version of the
conventional ones, subverting the spirit of Islamic law, and customers pay a premium in
such captive market although this industry itself has “inherent inefficiencies”. Jurists and
bankers will do their best to serve their Shariah-conscious customers a “re-engineered”
version of the conventional product.

The common way is to have at least one (1) degree of separation between the customers
and the underlying conventional financial product by investigating each part of the
“complex transaction in isolation”. For example, a simple interest-based lending can be
made Shariah-compliant by adding the feature of sale and purchase of commodities,
hence, such degree of separation makes it difficult for many jurists to prohibit such
practice.

170
Limits and Dangers of Shari`a Arbitrage, accessible at http://www.ruf.rice.edu/~elgamal/files/Arbitrage.pdf,
viewed 29 February 2015
Page 56 of 61
 Appendix K – Current Asatizah Programmes

MUIS Academy

 Executive Leadership Programme for Religious Leaders

 Junior Research Fellowship
 Postgraduate Scholarship
 Specialised Diploma in Teaching and Learning
 Islamic Philosophy of Education and Civilisation
 Administration of Mosque And Leadership
 Certificate in Mosque Management
 Strategic Leadership Programme
 Halal Foundation Programme
 Halal Supervisory Programme

(Source: MUIS Academy: http://muisacademy.sg/Programmes.html)

PERGAS – Asatizah Development & Training

 Asatizah Executive Development Program (AEDP)

 Madrasah Students Development Program (MSDP)
 Muzakarah, Mudarasah and Mujalasah Asatizah
 Ittihad Mahasiswa Pengajian Islam Antarabangsa (IMPIAN)
 Syariah Advisory Training Program (SATP)
 Specialized Asatizah Training Program (SATP) – Prison Counsellors and Rehabilitation
Work, Andragogical Teaching for Adult Learners, Methods of Teaching Fiqh, Aqidah and
others.

(Source: PERGAS: http://www.pergas.org.sg/)

Page 57 of 61
 Appendix L – Business Strategy to Grow Islamic Finance in Singapore

The high-level strategy is to leverage on Singapore’s existing strength based on the existing
financial infrastructure. In the conventional space, wealth management is supported by these
top-notch players:

1. Monetary Authority of Singapore

2. Institute of Banking and Finance
3. Wealth Management Institute
4. GIC Pte Ltd
5. Temasek (Singapore sovereign wealth fund)
6. Singapore Management University
7. Swiss Finance Institute
8. Yale School of Management
9. CFA Institute

Should Islamic wealth management take off successfully, such initiatives can be much
facilitated by the proactive measures taken by the above-mentioned players.

Meanwhile, the local newspaper Straits Times (2014) mentioned that Singapore should do
the following:

 Focus as a niche on Islamic wealth management products and rely on its existing
strength and reputation as a global financial centre.
 Follow Hong Kong’s way to grow Islamic finance by collaborating with Malaysia to get
more investors from both Islamic and conventional markets.
 Promote the Singapore Exchange as a platform to grow sukuk since there is already a
demand for it.
 Singapore government should consider issuing sukuk more frequently, perhaps with
more different maturities to provide more choices for institutional investors.
 Provide an Islamic market index should there is sufficient growth in Islamic equity
investments.
 Grow the human capital by investing in research and education in Islamic finance.
 Re-introducing the special tax incentive just for Islamic finance that has expired in 2013.

The World Islamic Banking Conference Asia Summit held in Singapore on 3 June 2014
(“WIBC 2014 Asia Summit”) saw promising ongoing growth of Islamic businesses. MAS
Managing Director Mr. Ravi Menon mentioned prospect for Islamic finance in Singapore is
promising because clients from Asia and Middle East are always looking for Shariah-
compliant funds.

Wealth management (i.e. asset management, private banking, and insurance) in Singapore
is in great demand. Singapore has a strong financial system to be the fastest growing wealth
management centre in Asia Pacific region. Hence, I feel that Singapore should consider the

Page 58 of 61
 commercial benefits of getting on board global Islamic players, some of them include the
following:

 SEDCO Capital 171 (“Saudi Economic and Development Company”)

SEDCO Capital is a Jeddah-based asset manager which has divested its assets in
France, Malaysia, Singapore and Mexico. It has recently won “Best Shariah Compliant
Real Estate Fund Management Team 172” due to its strength in REITS locally and globally.

Its CEO Mr. Hasan Al-Jabir said that his company is interested to grow its business in the
next two years173 in Emerging Asia (including Malaysia and Indonesia) due to its strong
fiscal and monetary policies.

SEDCO Capital has previously set up a Shariah-compliant investment platform in

Singapore174 back in 2013. It is possible for Singapore to revisit this matter in order for
institutional investors in Singapore to gain access to one of the world’s largest and most
diverse ranges of customized Shariah compliant investment funds.

 Arabesque Asset Management 175 (“Arabesque”)

Awarded by Islamic Finance News176 as “Most Innovative Asset Management Firm in

2014”, Arabesque also tops in top 10% of all global equity funds in terms of performance.
It provides value-based investment strategies by using quantitative models to combine
both Islamic and ESG 177 values with class portfolio technology, in consultation with
professors from top universities178. It is also a member of United Nations Global Compact,
the United Nations Principles for Responsible Investments and AAOIFI.

Although Arabesque has not started business in Singapore, its presence in Singapore
will definitely be invaluable to the growth of Islamic fund management based on its values-
based investing & asset management and sustainable and SRI 179.

171
SEDCO http://www.sedco.com, accessed 20 March – 04 April 2015
172
Zawya, SEDCO Capital sweeps "Best Shariah Compliant Real Estate Fund Management Team" award, dated 30
March 2015,
https://www.zawya.com/story/SEDCO_Capital_sweeps_Best_Shariah_Compliant_Real_Estate_Fund_Management
_Team_award-ZAWYA20150330104150/, accessed 02 April 2015
173
Thomson Reuters and Dinar Standard, Islamic Growth Markets Investment Outlook 2015 – Selected Interviews,
http://www.dinarstandard.com/islamic-growth-markets-investment-outlook-2015/, accessed 20 April 2015
174
The Asian Banker, SEDCO Capital launches Shariah-compliant investment platform, dated 25 March 2015,
http://www.theasianbanker.com/press-releases/sedco-capital-launches-Shariah-compliant-investment-platform,
accessed 01 April 2015
175
http://www.arabesque.com, accessed 24 March - 4 April 2015
176
Islamic Finance News, Interviews - Breaking the mold: Arabesque pushes the boundaries in Islamic asset
management, 2-Mar-2015, IFN Awards Guide 2015,
http://islamicfinancenews.com/listing_article_ID.asp?nm_id=40291&com_name=, accessed 03 April 2015
177
Environmental, Social and Governance.
178
Universities of Stanford, Oxford, Cambridge, Maastricht and the German Fraunhofer Society
179
Socially Responsible Investing
Page 59 of 61
 Takseem

Unlike SEDCO and Arabesque, Takseem is an open architecture institutional sales

platform, providing sales coverage to markets from GCC and SEA. While Takseem can
potentially bring in a suite of Islamic funds to Singapore through their strong network of
several international asset managers who offer Shariah and SRI or ESG funds, they
provide other services, such as capital raising (for private placement transactions) and
CRM to protect existing AUM and revenue.

Page 60 of 61
 Appendix M – Sectarianism of Islam in Singapore

AMLA in Article 33 mentioned that MUIS and the Fatwa Committee shall issue rulings based
on the Shafie/Shafite school of thought, unless there is clear evidence that such rulings shall
go against public interest. Other acceptable madhahib180 are as follow (Oxford, 2003):

(i) Malikite (from Imam Malik ibn Anas)

(ii) Hanifite (from Imam Abu Hanifah)
(iii) Hanbalte (from Imam Ahmad Ibn Hanbal)

Some Muslims (especially among the youth) tend to debate about inter-Madzahib issues. This
matter is trivial. The Muslim youth are the future generations of tomorrow’s leaders. Hence, it
is the duty of the scholars to ensure that some arguments are under control.

Besides Islamic rituals, there is mystical practice called Sufism. According to PERGAS (2004),
Sufism is acceptable as long as there is no fatwa181 prohibiting it. Despite being a secular
country, there are many Sufi orders in Singapore practised in mosques and Islamic centres,
namely Ba’alawie, Qadiriyyah, Naqshbandiyyah182, Chistiyyah, Ahmadiyyah Idrisiyyah183 and
Shadhiliyyah.

The objective of Sufism is to purify the soul and bring oneself closer to god so they can lead
of virtuous life. Aljunied (2015) also mentioned this problem is not new among scholars, locally
and globally. In my opinion, considering that the disagreement is due to conflicting opinions
on ideologies, it is important for the Muslim minority to put aside their differences and resolve
urgent contemporary social issues e.g. LGBT movement, degradation of moral values among
the Muslim youth, etc.

Meanwhile, there is still a tendency for Shi‘ites and Salafis (or Wahhabis184) to be viewed
negatively in Singapore society due to its heretic and radical ideology and perception.
However, PERGAS (2004) viewed this as “indiscriminate discrimination”. The Muslim minority
has to acknowledge that though extremism needs to be corrected through education of proper
religious doctrines, the Salafis is still part of the Muslim community. I personally view that Shite
can be considered Muslims if their doctrine does not deviate from the Sunnis, subject to the
official fatwa by the religious authority.

180
Plural form of madhab.
181
Sufi order or tariqa is outside the scope of this paper and will not be discussed in detail here. In brief, Sufis are
Muslims following mystical teachings in line with Shariah. They pledge bai’ah (allegiance) to a Shaykh who will
teach them tasawwuf/akhlak (i.e. sincerity and good manners). The Mufti of Singapore said this “Ahlus Sunnah Wal
Jama’ah scholars were of the view that pledging bai’ah to a general Imam (as explained above) is compulsory, and
by not doing so one commits a sin but not to the extent of expelling a Muslim from his/her Islamic faith”. See
http://www.officeofthemufti.sg/Fatwa/islam-jama'ah(eng).html, accessed 18 April 2015.
182
A Masters thesis was submitted to National University of Singapore. See Hanisah Binte Abdullah Sani, The Rise
and Role of Tariqa Among Muslims in Singapore – The Case of the Naqshbandi Haqqani,
http://scholarbank.nus.edu.sg/handle/10635/23714, accessed 10 April 2015
183
Ahmadiah Idrisiah, http://ahmadiah-idrisiah.com, accessed 03 April 2015
184
Muhammad ibn ‘Abd al-Wahhb (1703–1787) started this ultra-conservative, puritanical Muslim movement
adhering to the Hanbali madhab (The Concise Oxford Dictionary of World Religions, 2003)
Page 61 of 61