Michelle Woodworth Cordeiro from the Representation and Law Reform Department talks to Ahmad Nizam, Chairperson of the Muslim Law Practice Committee about the practice and development of Muslim law in Singapore.
Conversation with Ahmad Nizam, Chairperson of the Muslim Law Practice Committee
Michelle: Describe your experience as a practitioner in the area of Muslim Law. What are the common applications in which you are briefed?
AN: Like most of the other lawyers who practise Muslim Law in Singapore, I stumbled into this area by circumstance rather than by design. During my university holidays, I interned in a firm which handled both Civil and Muslim divorces and I was exposed to the Syariah Court. It was an eye-opener for me.
Over the years, I became more and more intrigued by jurisdictional issues, not just in divorce but in estate matters. I realised that many people, including lawyers themselves, were not familiar with the issues surrounding the applicability of Muslim Law in our secular system. I began to take a special interest in reading up on judgments in the High Court which touched on this area, especially in estate matters.
One of the limitations for a new lawyer is the dearth of reference articles on Muslim Law in Singapore. I can appreciate this as before the publication of Syariah Appeal Reports in 2012, most of us would have had to build up our own personal libraries either by visits to the Appeal Board secretariat or through the resources other lawyers had.
Knowing the difficulties new lawyers would have in setting foot into the Syariah Court and when faced with a conflict of jurisdiction issue between the Civil and Muslim Laws in the civil courts, I decided to write an article titled “The Islamic Legal System in Singapore” which was published by the Pacific Rim Law and Policy Journal of the University of Washington in its January 2012 issue. By sheer coincidence, the Syariah Appeal Reports was launched several months later, making it more conducive for practice in the Syariah Court.
Michelle: The last major change in this area of practice was the revision of AMLA in 1997. What have been the most significant developments since? Is it timely for another review of the Act?
AN: The enactment of the AMLA in 1968 did not introduce Muslim Law into our legal system. The Syariah Court had already been established in 1955 pursuant to the Muslim Ordinance. Muslim Law of inheritance had already been taken into account when disputes over wills and succession came before the civil Courts. The 1968 date is significant as it was used in various parts of the AMLA to mandate the registration of certain practices which were then prevalent in the Muslim community, such as the creation of wakafs (trusts).
The amendments in 1997 are memorable for the controversy they generated. The Muslim community was concerned over the possible dilution of the standing of the Syariah Court as one of the key amendments was on “concurrent jurisdiction”, where divorcing parties could choose to have their ancillary matters heard in either the Civil Court or the Syariah Court. I was serving in the Council of the Law Society then and was tasked to look into this area. The then President S Chandra Mohan and other members of the Council supported the idea of setting up a Muslim Law Practice Committee and we were born.
We spent hours discussing the various amendments and coming up with a position paper. Parliament eventually sent the amendments to a Special Select Committee Hearing and I was part of the Law Society team that appeared to present our views. Eventually, modifications were made to the amendments and there was a certain sense of fulfillment that our committee’s various inputs on changes to the Syariah Court practice system were adopted. It was also a learning experience on our part as we saw up close the myriad of factors involved in policy-making and administration by the relevant ministry and bodies.
Michelle: There is a perception that Muslim Law in Singapore is relevant or practicable only to Muslims in the area of Family Law and Probate. What is your take on that?
AN: In Singapore, there is indeed a perception that Muslim Law is only relevant in Family Law and Probate. Many of us do not fully grasp how Muslim Law is applicable in Singapore and unfortunately, the misperception is fuelled by some media reports which tend to frame the issue as one under “Muslim Law versus the law of the land”. Many are unaware that the then Chief Justice Chan Sek Keong had, in a landmark 1998 Court of Appeal judgment on wakaf, stated that “Muslim Law is part of the law of the land which the Court would take cognizance of”. The High Court judgment of Judith Prakash where she ventured deep into Muslim Law and cited works of various Muslim scholars in ascertaining the validity of a wakaf is certainly worth reading.
There is an impression that the civil Courts do not recognise Fatwas issued by the MUIS Legal Committee, borne mainly on a few prominent cases which were highlighted in the media, most recently in Shafeeq’s case in 2011. In fact, the civil Courts do carefully weigh the Fatwas they come across before deciding on whether to adopt it or not, as various other laws could also be relevant. I do hope that someone will devote the time and resources to study the treatment of Fatwa by our civil Courts, an area which is intellectually stimulating and rich in jurisprudential principles.
Michelle: You have recently enrolled in Masters of Law programme at the Singapore Management University (“SMU”) with a specialisation in Islamic Finance. How do you see the growth of this area in Singapore?
AN: Enrolling in the Masters of Law in Islamic Law and Finance at SMU was a major decision for me. I was attracted by the opportunity to delve deeper into the jurisprudence of Islamic law, as hitherto, there was no similar course here, and my fear of the unknown. With no background in finance or banking, I was very apprehensive of venturing into uncharted waters.
Singapore has a world class financial system and sound international reputation yet we are not there yet when it comes to Islamic finance. I believe that a key problem is that there are not enough Islamic finance practitioners here. The lawyers with the solid background in conventional banking and finance may not find it necessary to wander into Islamic finance and most of the Muslim lawyers I have spoken to are so caught up with their present workload that they find it hard to learn something new.
In order to grow, we need to encourage more of our younger lawyers, both Muslims and non-Muslims, to acquire the knowledge and skills to practise Islamic finance. In my SMU programme, the students came from various legal backgrounds and religions, which provided for a very engaging and intellectually robust atmosphere in class.
Michelle: Your profile page at your law practice’s website has this quote, “Sooner murder an infant in its cradle than nurse unacted desires”. Tell us a bit more about this.
AN: That line is from William Blake’s Marriage of Heaven and Hell. At first blush, it sounds morbid but I would invite anyone to read it for himself and see how it impacts him as it did me. I have always been fascinated by introspection and dichotomy. That may explain my interest in conflict of jurisdictions.
Michelle: As Chairperson of the Law Society’s Muslim Law Practice Committee, how do you think Muslim Law practitioners can best contribute to Muslim Law in Singapore?
AN: It is a given that the practice of Muslim Law in Singapore cannot be in a vacuum and that we must be mindful of the other laws that exist. Over the past few years, there has been a move towards the harmonisation of Civil laws and Muslim Law, as evinced by the Fatwa on joint-tenancy, CPF monies and insurance. We need more lawyers to delve deep into areas of possible conflict and come up with solutions which are both Syariah-compliant as well as consistent with other laws of the land. One person whose commentaries I always look forward to reading is Ms Hairani Saban. We need more like her to think through and share their research as we move towards an even more complex world.
► Michelle Woodworth Cordeiro
Director, Representation & Law Reform Department
The Law Society of Singapore