Administration of Muslim Law (Haj) Rules 1999

by Majlis Ugama Islam, Singapura

Layout 2

First published in the Government Gazette, Electronic Edition, on 24th September 1999.

No. S 406

ADMINISTRATION OF MUSLIM LAW ACT
(CHAPTER 3)

ADMINISTRATION OF MUSLIM LAW (HAJ) RULES 1999

ARRANGEMENT OF RULES

PART I PRELIMINARY
Rule
1.	Citation and commencement
2.	Definitions
PART II APPROVAL OF TRAVEL AGENTS
3.	Travel agents to be approved
4.	Duration and renewal of approval
5.	Publicity of goods or services for purposes of Haj
6.	Alteration of goods or services
7.	Haj accounts
8.	Haj courses
9.	Welfare of clients during performance of Haj
10.	Employment of persons by approved travel agent
11.	Notification of change in particulars
12.	Withdrawal of approval
13.	Effect of withdrawal of approval
PART III ACCREDITATION OF MUTAWWIFS
14.	Accredited mutawwif
15.	Register of accredited mutawwifs
16.	Cancellation of certificate
17.	Surrender of certificate
PART IV OFFENCES
18.	Offences
	The Schedule

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In exercise of the powers conferred by sections 88B and 88C (2) (b), (c), (d), (e) and (f) of the Administration of Muslim Law Act, the Majlis Ugama Islam, Singapura, with the approval of the Minister for Community Development, hereby makes the following Rules:

PART I
PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Administration of Muslim Law (Haj) Rules 1999 and shall come into operation on 27th September 1999.

Definitions

2. In these Rules, unless the context otherwise requires—

"accredited mutawwif" means a person accredited by the Majlis to act as a mutawwif and who has in force a certificate issued by the Majlis under rule 14 (3);

"approved travel agent" means a travel agent who has obtained the approval of the Majlis under rule 3 (5) to provide goods or services to any person for the purposes of the Haj;

"certificate" means a certificate of accreditation issued by the Majlis under rule 14 (3);

"Haj course" means any training or course relating to the rituals and other procedures required for performing the Haj in accordance with Muslim law;

"travel agent" means a person who holds a licence granted under the Travel Agents Act (Cap. 334).

PART II
APPROVAL OF TRAVEL AGENTS

Travel agents to be approved

3.—(1) A travel agent who desires to provide goods or services to any person for the purposes of the Haj shall apply to the Majlis for approval.

(2) An application under paragraph (1) shall be in such form and manner as the Majlis thinks fit and shall be accompanied by—

(a) evidence of the good reputation of—

(i) the applicant;

(ii) if the applicant is a firm, every member of the firm; or

(iii) if the applicant is a company, every director and shareholder of the company;

(b) evidence that the applicant has sufficient manpower and resources to provide goods or services for the purposes of the Haj;

(c) evidence that the applicant is able to maintain the Haj accounts referred to in rule 7 (1) in a proper manner; and

(d) a fee of $80.

(3) No travel agent shall provide any goods or services to any person for the purposes of the Haj unless he is approved by the Majlis.

(4) A travel agent shall be deemed to be providing goods or services for the purposes of the Haj if he—

(a) provides or facilitates the provision of any air or other means of transportation to and from Saudi Arabia for the purposes of the Haj;

(b) provides or facilitates the provision of any hotel or other types of accommodation in Saudi Arabia during the period of the Haj; or

(c) purports to arrange any Haj course for any person.

(5) The Majlis may approve an application made under paragraph (1) on such terms and conditions as the Majlis thinks fit, including a condition limiting the number of persons to whom the successful applicant may provide goods or services for the purposes of the Haj.

(6) The Majlis may refuse to approve an application made under paragraph (1) if—

(a) the Majlis thinks that the applicant is not a fit and proper person to provide to any person goods or services for the purposes of the Haj;

(b) the Majlis is satisfied that—

(i) the applicant;

(ii) if the applicant is a firm, any member of the firm; or

(iii) if the applicant is a company, any director or shareholder of the company,

has been convicted of an offence involving dishonesty or moral turpitude; or

(c) the Majlis considers that it is in the public interest to do so.

(7) Any person aggrieved by a decision of the Majlis under this rule may appeal to the Minister whose decision shall be final.

Duration and renewal of approval

4. An approval granted by the Majlis to a travel agent under rule 3 (5) shall be valid for one year from the date of the grant of the approval and may be renewed for terms of one year each on such terms and conditions as the Majlis thinks fit.

Publicity of goods or services for purposes of Haj

5. An approved travel agent shall not distribute any document, pamphlet, brochure, leaflet or other form of literature in relation to any goods or services provided by him for the purposes of the Haj, which does not conform to the requirements of the Muslim law.

Alteration of goods or services

6. Where an approved travel agent desires to make any alteration in a material respect to any goods or services provided by him for the purposes of the Haj that have been advertised and for which offers have already been accepted, the approved travel agent shall—

(a) as soon as practicable, inform every person whose offer has already been accepted; and

(b) give to that person an option to accept the altered goods or services or to withdraw his acceptance, in which event the approved travel agent shall forthwith refund any money paid by that person.

Haj accounts

7.—(1) Every approved travel agent shall keep and maintain a set of accounts known as the Haj accounts which shall contain the information specified in the Schedule.

(2) The Majlis may, at any time, require an approved travel agent to submit any Haj accounts kept and maintained by him pursuant to this rule, or audited financial statements relating to his business to the Majlis for inspection.

Haj courses

8.—(1) An approved travel agent shall arrange for Haj courses for all of the persons to whom he is providing any goods or services for the purposes of the Haj.

(2) An approved travel agent shall not engage any person other than an accredited mutawwif to conduct any Haj course.

Welfare of clients during performance of Haj

9.—(1) An approved travel agent shall comply with all the directives of the Majlis relating to the safety and welfare of the persons (referred to in this rule as clients) to whom he is providing any goods or services for the purposes of the Haj.

(2) Without prejudice to the generality of paragraph (1), an approved travel agent shall—

(a) ensure that every client complies with all procedures and requirements in respect of embarkation and disembarkation applicable to him in Singapore and in Saudi Arabia;

(b) attend to the needs of every client during the performance of the Haj at all times;

(c) ensure that every client wears an identification badge provided by the approved travel agent at all times during the performance of the Haj;

(d) take all reasonable measures to assist every client to comply with the regulations imposed by the Ministry of Haj of the Royal Kingdom of Saudi Arabia during the performance of the Haj; and

(e) take all reasonable measures to assist every client to comply with all the requirements of the Muslim law for the due performance of the Haj.

Employment of persons by approved travel agent

10.—(1) An approved travel agent shall, before the performance of the Haj, submit to the Majlis—

(a) a list of the persons to whom he is providing goods or services for the purposes of the Haj; and

(b) a list of the persons he has employed or will employ to attend to the persons mentioned in sub-paragraph (a) for the purposes of the Haj.

(2) The approved travel agent shall notify the Majlis immediately of any change to any of the lists submitted under paragraph (1).

(3) For the purposes of this rule, "employ" means to engage or use the service of any person, whether under a contract of service or otherwise, with or without salary.

Notification of change in particulars

11. Every approved travel agent shall notify the Majlis within 14 days of—

(a) any change of address of his place of business;

(b) the establishment of any other place of business; or

(c) any change in the nature of his business.

Withdrawal of approval

12.—(1) The Majlis may at any time withdraw an approval granted under rule 3 (5) to a travel agent if—

(a) the Majlis is satisfied that—

(i) the travel agent has, for a period of at least 6 months, ceased to carry on the business of providing any goods or services for the purposes of the Haj;

(ii) the travel agent has obtained the approval by fraud or misrepresentation;

(iii) the travel agent is no longer a fit and proper person to provide goods or services for the purposes of the Haj;

(iv) the travel agent has contravened or failed to comply with any of the provisions of these Rules or any term or condition imposed by the Majlis under rule 3 (5); or

(v) the travel agent, or if the travel agent is a firm, any of its members, or if the travel agent is a company, any of its directors or shareholders, has been convicted of an offence under these Rules, or an offence involving dishonesty or moral turpitude;

(b) the licence held by the approved travel agent granted under section 7 (2) of the Travel Agents Act (Cap. 334) has been suspended or revoked under section 11 of that Act; or

(c) the Majlis considers that it is in the public interest to do so.

(2) The Majlis shall, before withdrawing any approval under paragraph (1)—

(a) give the travel agent notice in writing of its intention to do so;

(b) specify a date, not less than 21 days after the date of the notice, upon which such withdrawal shall take effect; and

(c) call upon the travel agent to show cause to the Majlis why the approval should not be withdrawn.

(3) If the travel agent to whom a notice has been given under paragraph (2)—

(a) fails to show cause within the period of time given to him to do so or such extended period of time as the Majlis may allow; or

(b) fails to show sufficient cause,

the Majlis shall give notice in writing to that travel agent of the date from which the withdrawal of the approval shall take effect.

(4) The travel agent may, within 14 days after the receipt of the notice referred to in paragraph (3), appeal in writing against the withdrawal to the Minister whose decision shall be final.

(5) If within the period referred to in paragraph (4), the travel agent gives due notice of appeal to the Minister, the withdrawal shall not take effect unless the withdrawal is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or is withdrawn.

Effect of withdrawal of approval

13.—(1) Where a withdrawal becomes effective under rule 12 (3) or (5), the travel agent shall forthwith cease to provide any goods or services for the purposes of the Haj.

(2) Paragraph (1) shall not prejudice the enforcement by—

(a) any person of any right or claim against the travel agent; or

(b) the travel agent of any right or claim against any person, arising out of or concerning any matter or thing done prior to the withdrawal of the approval.

PART III
ACCREDITATION OF MUTAWWIFS

Accredited mutawwif

14.—(1) A person who desires to act as a mutawwif shall make an application to the Majlis for accreditation as a mutawwif.

(2) The application shall be made in such form and manner as the Majlis may determine and shall be accompanied by—

(a) true copies of documentary evidence—

(i) stating that the applicant has passed the secondary 4 level of an Islamic religious school approved by the Majlis; or

(ii) of other qualifications approved by the Majlis; and

(b) a fee of $10.

(3) Upon the accreditation of a person to act as a mutawwif, the Majlis may issue to that person a certificate of accreditation.

(4) The accreditation of a person to act as a mutawwif may be subject to such terms and conditions as the Majlis thinks fit.

(5) A certificate issued under paragraph (3) shall be valid for one year from the date of the issue of the certificate and may be renewed for terms of one year each before the expiry of the certificate.

(6) No person shall conduct any Haj course unless he is an accredited mutawwif and his certificate has not been cancelled.

Register of accredited mutawwifs

15. The Majlis shall keep and maintain a register, in such form as the Majlis may determine, in which shall be entered—

(a) all the names and particulars of every accredited mutawwif; and

(b) the dates of expiry of the certificates issued to each accredited mutawwif.

Cancellation of certificate

16.—(1) The Majlis may cancel a certificate if—

(a) the Majlis is satisfied that the accredited mutawwif —

(i) has obtained or procured his accreditation by fraud or misrepresentation;

(ii) has been convicted of any offence under these Rules or any offence involving dishonesty or moral turpitude; or

(iii) is no longer a fit and proper person to act as a mutawwif; or

(b) the Majlis considers that it is in the public interest to do so.

(2) The Majlis shall, before cancelling any certificate under paragraph (1)—

(a) give the mutawwif notice in writing of its intention to do so;

(b) specify a date, not less than 21 days after the date of the notice, upon which the cancellation shall take effect; and

(c) call upon the mutawwif to show cause to the Majlis why his certificate should not be cancelled.

(3) If the mutawwif to whom a notice has been given under paragraph (2)—

(a) fails to show cause within the period of time given to him to do so or such extended period of time as the Majlis may allow; or

(b) fails to show sufficient cause,

the Majlis shall give notice in writing to that mutawwif of the date from which the cancellation of the certificate shall take effect.

(4) The mutawwif whose certificate has been cancelled may, within 14 days after the receipt of the notice referred to in paragraph (3), appeal in writing against the cancellation to the Minister whose decision shall be final.

(5) If within the period referred to in paragraph (4), the mutawwif gives due notice of appeal to the Minister, the cancellation shall not take effect unless the cancellation is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or is withdrawn.

Surrender of certificate

17. A mutawwif whose certificate has been cancelled by the Majlis under rule 16 shall surrender his certificate within 7 days of the date of the cancellation.

PART IV
OFFENCES

Offences

18.—(1) Any person who contravenes or fails to comply with rule 3 (3) or 7 (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) Any person who contravenes or fails to comply with rule 8 (1) or (2), 10 (2), 14 (6) or 17 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

THE SCHEDULE

Rule 7 (1)

INFORMATION IN HAJ ACCOUNTS

The Haj accounts shall state the following information in relation to every person to whom an approved travel agent is providing goods or services for the purposes of the Haj:

1. Payments made by the approved travel agent in advance—

(a) amount of payment or deposit for hotel room and room-reservation related charges;

(b) amount of payment or deposit for transportation and related charges;

(c) amount of payment or deposit for the provision of food and related

charges;

(d) amount of payment or deposit for insurance and medical needs;

(e) amount of payment or deposit for the provision of Haj courses and materials and other related charges; and

(f) amount of payment or deposit imposed by the Authorities in the Royal Kingdom of Saudi Arabia in relation to the performance of the Haj.

2. All payments made by the approved travel agent for contingency matters during the performance of the Haj.

3. All payments made by the person concerned to the approved travel agent.

Made this 20th day of September 1999.

MAAROF BIN HAJI SALLEH
President,
Majlis Ugama Islam,
Singapura.