Singapore legislation
Section 74
Section 74
Majlis to administer mosques
(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 —
manage the mosque subject to the provisions of this Act;
comply with the provisions of any rules made under section 145(1) for the purposes of this section; and
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.
(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 —
the mosque has been mismanaged;
the trustee —
has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section; or
has failed to comply with any term or condition imposed by the Majlis on the trustee concerning the trustee’s appointment; or
it would be to the advantage of the mosque to appoint a mutawalli.
(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.
(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 —
the mosque has been mismanaged;
the mutawalli —
has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section; or
has failed to comply with any term or condition imposed by the Majlis on the mutawalli concerning the mutawalli’s appointment; or
it would be to the advantage of the mosque to appoint another mutawalli.
(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:
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;
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.
(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.
(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.