Majlis to administer mosques
Open ↗74.—(1) Despite any provision to the contrary in any written instrument, the Majlis is to administer all mosques in Singapore.
(2) Every mosque, together with any immovable property on which it stands or which is appurtenant thereto and used for the purposes thereof, other than State land, is to vest in the Majlis for the purposes of this Act without any conveyance, assignment or transfer.
(3) The trustees of a mosque appointed under a written instrument, and any mutawalli appointed under subsection (4), (5) or (6) for a mosque, must —(a)
manage the mosque subject to the provisions of this Act;
(b)
comply with the provisions of any rules made under section 145(1) for the purposes of this section; and
(c)
comply with all the terms and conditions imposed by the Majlis on the trustees concerning the trustees’ appointments, or on the mutawalli concerning the mutawalli’s appointment, as the case may be.[33/2017]
(4) The Majlis has power to remove, and to appoint a mutawalli in the place of or in addition to, any existing trustee of a mosque appointed under a written instrument, if it appears to the Majlis that —(a)
the mosque has been mismanaged;
(b)
the trustee —(i)
has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section; or
(ii)
has failed to comply with any term or condition imposed by the Majlis on the trustee concerning the trustee’s appointment; or
(c)
it would be to the advantage of the mosque to appoint a mutawalli.[33/2017]
(5) The Majlis has power to appoint a mutawalli for a mosque if it appears to the Majlis that there is no trustee appointed for the management of the mosque.[33/2017]
(6) The Majlis may at any time remove any mutawalli appointed by it and appoint another in the mutawalli’s place.
(7) Without limiting subsection (6), the Majlis has power to remove any mutawalli appointed by the Majlis for a mosque, if it appears to the Majlis that —(a)
the mosque has been mismanaged;
(b)
the mutawalli —(i)
has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section; or
(ii)
has failed to comply with any term or condition imposed by the Majlis on the mutawalli concerning the mutawalli’s appointment; or
(c)
it would be to the advantage of the mosque to appoint another mutawalli.[33/2017]
(8) Despite anything in subsections (4), (6) and (7) and section 58(6), (8) and (9), the following apply in relation to a mosque established by a wakaf:(a)
where the appointment of an individual as a trustee or mutawalli of the mosque is contingent on the appointment of that individual as a trustee or mutawalli of the wakaf, the individual is removed as a trustee or mutawalli of the mosque if the individual is removed under section 58(6), (8) or (9) as a trustee or mutawalli of the wakaf;
(b)
where the appointment of an individual as a trustee or mutawalli of the wakaf is contingent on the appointment of that individual as a trustee or mutawalli of the mosque, the individual is removed as a trustee or mutawalli of the wakaf if the individual is removed under subsection (4), (6) or (7) as a trustee or mutawalli of the mosque.[33/2017]
(9) Subsections (3), (4) and (8) apply to a trustee of a mosque appointed under a written instrument, regardless whether the instrument was made before, on or after 1 October 2017.[33/2017]
(10) Subsection (8) applies to a trustee of a wakaf appointed under an instrument or declaration creating, governing or affecting the wakaf, regardless whether the instrument or declaration was made before, on or after 1 October 2017.[33/2017]
Restriction of new mosque
Open ↗75.—(1) No person may erect any mosque, or dedicate or otherwise apply any existing building as or for the purposes of a mosque, without the written permission of the Majlis.
(2) Such permission must in no case be given unless the site of the proposed new mosque has been or will, prior to the erection or dedication thereof, be made a wakaf.
Establishment of Mosque Building and Mendaki Fund
Open ↗76.—(1) There is established a fund called the Mosque Building and Mendaki Fund into which must be paid all contributions authorised under this Act.
(2) All moneys in the Mosque Building and Mendaki Fund are vested in the Majlis which must administer such moneys in accordance with the provisions of this Act and any rules made under section 81.
(3) The Majlis may appoint such agents and officers as may be necessary for the collection of contributions to the Mosque Building and Mendaki Fund.
Application of Mosque Building and Mendaki Fund
Open ↗77.—(1) The moneys in the Mosque Building and Mendaki Fund are to be used —(a)
for the purpose of building and maintaining mosques, and premises or facilities for conducting religious education, in Singapore and for connected purposes, including —(i)
any extension, alteration, reconstruction or restoration of the whole or part of any existing mosque, or any existing premises or facilities for conducting religious education, and any other building works, that the Majlis may approve; and
(ii)
any purchase of any land, obtaining or renewal of any lease, tenancy or other interest in land, or obtaining or renewal of a licence to occupy land, that the Majlis may approve;
(b)
for the payment of contributions to Yayasan Mendaki;
(c)
for the funding of religious education in Singapore, subject to such directions as the Minister may specify from time to time; and
(d)
for the payment of expenses incurred in maintaining and administering that Fund.[33/2017]
(2) The Majlis must as soon as practicable pay to Yayasan Mendaki the net amount of the contributions received for the purpose of Yayasan Mendaki, after taking into account the appropriate expenses referred to in subsection (1)(d).
Contributions to Mosque Building and Mendaki Fund
Open ↗78.—(1) Subject to the provisions of this Act and any rules made under section 81, every employer of a Muslim employee must pay to the Mosque Building and Mendaki Fund monthly in respect of each Muslim employee contributions as set out in the Third Schedule.
(2) Despite the provisions of any written law or any contract to the contrary, an employer is entitled to recover from the monthly wages of a Muslim employee any contributions paid to the Mosque Building and Mendaki Fund on behalf of the employee.
(3) Any employer who fails to pay the contributions mentioned in subsection (1) within such time as may be prescribed shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
(4) An employer who has recovered any amount from the monthly wages of an employee in accordance with subsection (2) and fails to pay such contributions to the Mosque Building and Mendaki Fund within such time as may be prescribed shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(5) The Minister may, by notification in the Gazette, vary the amount of contributions payable by an employer in respect of each Muslim employee and may prescribe different amounts of contributions payable by the employer in respect of different classes of Muslim employees.
(6) Without affecting subsections (1) and (2) —(a)
an employee may at any time contribute voluntarily to the Mosque Building and Mendaki Fund a sum in addition to that referred to in subsection (1) as payable by his or her employer; or
(b)
an employee who desires to have contributions in excess of the amount deducted from his or her monthly wages by his or her employer may give to his or her employer written notice to that effect and thereafter, so long as he or she is employed by the employer, the employer may make such deduction from the employee’s wages for each month until such time, not being less than 6 months from the date of giving such notice, as the employee gives further written notice to his or her employer of his or her desire to cease to have such excess monthly contributions deducted from his or her wages.
(7) The employer must pay the amount of excess deductions under subsection (6) to the Mosque Building and Mendaki Fund in addition to the appropriate monthly contributions.
(8) Any contribution recoverable from the wages of an employee in accordance with subsection (1) must be recovered by the employer from the wages in respect of which the contribution is payable at the time of payment of those wages or within such time as may be prescribed and not otherwise.
(9) Any excess contributions paid into the Mosque Building and Mendaki Fund under subsection (7) is, unless the employee making the contribution otherwise indicates, deemed to be for the purpose of building mosques.
(10) Any contribution paid into the Mosque Building and Mendaki Fund under subsection (7) which is not attributable to or cannot be traced to any individual is deemed to be for the purpose of building mosques.[Act 4 of 2024 wef 01/08/2024]
Muslim employee may decide not to pay contributions
Open ↗79.—(1) A Muslim employee who does not wish his or her employer to pay contributions to the Mosque Building and Mendaki Fund on his or her behalf may exercise an option in such form as the Majlis may require for his or her employer not to pay contributions to the Mosque Building and Mendaki Fund on his or her behalf during any period specified by the Muslim employee in the form.[33/2017]
(2) Where a Muslim employee has made an option under subsection (1), the Majlis is to issue him or her with a certificate to that effect.
(3) The employee must forthwith notify his or her employer to that effect and thereupon the employer ceases to be liable to contribute to the Mosque Building and Mendaki Fund under section 78 in respect of that employee for such period the certificate is in force.
(4) Where an employee has exercised an option under subsection (1), his or her employer is liable, on the expiry of the period for which the certificate is in force, to pay contributions to the Mosque Building and Mendaki Fund in respect of that employee, unless that employee again exercises an option under subsection (1) and a fresh certificate is issued under subsection (2).[33/2017]
Contributions from other persons
Open ↗80.—(1) Despite section 78, the Majlis may receive contributions to the Mosque Building and Mendaki Fund from any Muslim person.
(2) Nothing in this Act is to be construed as precluding the Majlis from receiving contributions to the Mosque Building and Mendaki Fund from any person who is not of the Muslim faith.
Power to make rules
Open ↗81.—(1) The Majlis may, with the approval of the Minister, make such rules as are necessary or expedient for the purpose of carrying out the provisions of this Act relating to the Mosque Building and Mendaki Fund.
(2) Without limiting subsection (1), such rules may —(a)
provide for the manner of payment and collection of contributions to the Mosque Building and Mendaki Fund and any matters incidental thereto;
(b)
exempt employers from paying contributions to the Mosque Building and Mendaki Fund in respect of such categories of Muslim employees as the Majlis may determine;
(c)
provide for the return of contributions or any part of such contributions paid in error;
(d)
provide for the payment of contributions or any part of such contributions omitted to be paid in error;
(e)
provide for the keeping of books, accounts or records by employers;
(f)
prescribe the evidence to be produced and the person, officer or authority to whom such evidence is to be produced for the purposes of this Part;
(g)
prescribe the procedure to be followed when contributions are paid into the Mosque Building and Mendaki Fund;
(h)
provide, in cases where an employee is employed concurrently by 2 or more employers, the extent of the obligation of such employers as to payment of contributions to the Mosque Building and Mendaki Fund;
(i)
prescribe the procedure to be followed when voluntary contributions are paid to the Mosque Building and Mendaki Fund;
(j)
prescribe the manner in which the moneys in the Mosque Building and Mendaki Fund may be applied for or in respect of the purposes specified in section 77(1), and generally for the administration of such moneys;
(k)
prescribe the returns to be made and the forms and registers to be used in the carrying out of the provisions of this Part; and
(l)
prescribe anything which under this Part may be prescribed by the Majlis.
Repair
Open ↗82.—(1) It is the duty of the mutawallis of a mosque to ensure that the mosque is kept in a proper state of repair and that the mosque and the compounds thereof are maintained in a proper state of cleanliness.[33/2017]
(2) The Majlis may raise and apply, or authorise the raising and application by the mutawallis of, special funds for the purpose of such repairs and maintenance, or may authorise the payment of the cost of such repairs and maintenance from the General Endowment Fund.[33/2017]
[Act 4 of 2024 wef 01/08/2024]
(3) It is the duty of the mutawallis promptly to inform the Majlis of any want of repair of the mosque, and to effect or supervise any repairs as agent for and on behalf of the Majlis.[33/2017]
(4) No material alteration to the structure of any mosque may be made without the written permission of the Majlis.
(5) The Majlis may direct the mutawallis to keep any mosque for which they are responsible in a proper state of repair.[33/2017]
Boundary of daerah masjid
Open ↗83.—(1) The Majlis has the power at any time to determine the boundaries of any daerah masjid and to amend or alter such boundaries.
(2) Any dispute as to the boundaries of a daerah masjid must be referred to the Legal Committee for its opinion.
Register of pegawai masjid
Open ↗84.—(1) The Majlis must maintain a register showing the pegawai masjid of every mosque in Singapore.
(2) It is the duty of every mutawalli promptly to inform the Majlis of any vacancy or change in the pegawai masjid relating to the mutawalli’s mosque.
Appointment of pegawai masjid
Open ↗85.—(1) It is the duty of the Legal Committee, upon learning of any vacancy or impending vacancy in the office of Imam in any mosque in Singapore, to make enquiry for possible candidates for such appointment, and, after due examination of the qualifications of such possible candidates, to submit a list of suitable candidates to the Majlis.
(2) The Majlis must, after considering the list submitted by the Legal Committee and after such enquiries as it thinks fit, appoint an Imam to fill the vacancy.
(3) The mutawalli of a mosque may appoint the Khatib, Bilal or Noja of the mosque.
(4) The pegawai masjid of a mosque are deemed to be public servants for the purposes of the Penal Code 1871.
Rules for appointment of jawatankuasa masjid
Open ↗86.—(1) The Majlis may make rules for —(a)
the appointment of a jawatankuasa masjid;[Act 11 of 2022 wef 17/08/2022]
(b)
prescribing the manner in which the members of a jawatankuasa masjid are to be appointed; and[Act 11 of 2022 wef 17/08/2022]
(c)
prescribing the duties and functions of a jawatankuasa masjid.[Act 11 of 2022 wef 17/08/2022]
(2) The jawatankuasa masjid in conjunction with the local pegawai masjid are to —(a)
be responsible for the proper conduct and good order of the mosque and all Muslim burial grounds within their daerah masjid; and
(b)
give due and prompt information to the Majlis of all matters arising in the daerah masjid and requiring the attention of the Majlis.[Act 11 of 2022 wef 17/08/2022]
[Act 11 of 2022 wef 17/08/2022]
Religious school
Open ↗87.—(1) The control of Muslim religious schools is vested in the Majlis.
(2) The Majlis has power to register and to control the conduct of Muslim religious schools and to approve the curricula of instruction in such schools.
(3) The Majlis has power to control the establishment of any private Muslim religious school and to refuse permission for any such school to be established and to approve any regulations made by any person in charge of such school for its administration.
(4) The Majlis has power to authorise any public officer to inspect any Muslim religious school in order to satisfy himself or herself that all the requirements of the Majlis are being complied with.
(5) The Majlis has power to order any person employed or to be employed as a teacher at any private religious school to submit to a test conducted by a board appointed by the Majlis.
(6) If any person fails to pass the test mentioned in subsection (5), the Majlis has power to forbid his or her employment as a teacher at the school.
(7) The Majlis has power to order the closure of any religious school which the board may consider unsatisfactory.
(8) An appeal lies from any act, order or direction of the Majlis under this section to the Minister.
(9) The Majlis may, with the approval of the Minister, make rules for carrying out the purposes of this section, including rules to prescribe the fees to be charged by the Majlis for the performance of its functions under this section.[Act 11 of 2022 wef 17/08/2022]
Grant to religious school
Open ↗88. Any grant made by the Government to Muslim religious schools is to be administered by the Majlis in accordance with rules made by the Majlis and approved by the Minister responsible for education.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
