Assalamualaikum Warahmatullahi Wabarakatuh.
In the name of Allah, the Entirely Merciful, the Especially Merciful. All praises is due to Allah, Lord of the worlds - The Entirely Merciful, the Especially Merciful, Sovereign of the Day of Recompose. It is You we worship and You we ask for help. Guide us to the straight path - the path of those upon whom You have bestowed favor, not of those who have evoked (Your) anger or of those
who are astray. Ameen.
The Administration of Muslim Law Act (AMLA) is a regulation on matters concerning Muslims in Singapore. AMLA was promulgated through Law No. 27 of 1966 which became effective starting July 1, 1968. AMLA consists of 10 chapters and 146 articles in which there are rules about Waqaf.
Before the promulgation of AMLA on the matter of waqaf, the arrangement was carried out by the Muhammaedan and Hindu Endowments Ordinance which was promulgated since September 8, 1905. Subsequently on July 1, 1968 the Waqaf management authority was delegated to MUIS (Majlis Ugama Islamic Singapore) (AMLA, Chapter IV Article 58, 1968).
At the beginning of AMLA implementation, it turned out that not all waqaf were managed by MUIS, but there were still waqaf managed privately which resulted in poor management systems and mismanagement cases such as the number of waqaf land or buildings sold by the guardian without MUIS's knowledge. In this regard, there can be identified weaknesses in the waqaf administration such as:
The guardian appointed by the vice mayor does not coordinate with the Majlis.
Not reporting the mechanism, for example the guardian determines the waqaf property without the knowledge and permission of the Majlis (MUIS).
Besides that, waqaf assets in Singapore are still under individual nazhir supervision and are not reported to MUIS, so the waqaf management in Singapore is not optimal and not monitored by MUIS.This condition takes place. for years until AMLA was amended in 1995, and as a result in 2000 all 100 waqaf assets in Singapore were registered and were under MUIS supervision (BI, 2016).
Based on this matter, changes are made to AMLA as follows:
General waqaf arrangements in AMLA are contained in Articles 57-64. Following are the Regulations on Waqaf in the Law. No. 27 of 1966 concerning AMLA.
Based on the Administration of the Muslim Law Act (AMLA: Article 64 paragraph 1) every endowment, whether made before or after July 1, 1968 will be registered with the Assembly office. Whereas in Article 64 paragraph 2 the implementation of waqaf registration is carried out by mutawwali waqaf. The procedures and conditions for the registration of waqaf are regulated in Article 64 paragraph 3-8 AMLA.
Based on these provisions, it can be stated that the registration of waqaf that does it is mutawwali (the management of waqaf). To register waqaf, mutawwali must describe the conditions of waqaf, total annual income from the results of waqaf management, estimated annual expenditure, mutawwali salary, and documents as evidence of waqaf assets managed. After mutawwali performs the registration application accompanied by the terms and documents that must be attached, then the Majlis
then investigates (cross checks) into the field to see the suitability of the documents included with the factual assets of waqaf assets. The Majlis does the waqaf recording and documentation, even in this case it is included in the form of computer electronics. This is as contained in AMLA (Article 64 paragraph 9-10).
Whereas for mutawwali who failed or did not register waqaf, or gave incorrect information or information, did not allow inspection of waqaf properties, then it was categorized as a criminal act and could be given a criminal sanction in the form of fines not exceeding $ 5000 or imprisonment not exceeding 12 months or both. This matter is stated in AMLA (Article 64 paragraph 11).
Extracted from: Regulations and Management of Waqf Institutions in Indonesia and Singapore: A Comparative Study