THE TIES THAT BIND: RELOOKING THE POLITICS OF MULTICULTURALISM AND ITS IMPACT ON THE MUSLIM COMMUNITY IN SINGAPORE WITH SPECIAL FOCUS ON MUSLIM PERSONAL LAW

Abstract

Accommodational politics, with a special focus on securing the rights and needs of minority communities, is practiced worldwide. While multiculturalism is often lauded for its respect for plurality, recent scholarship suggests that its potential harms are often overlooked. States with a multicultural ethos often take a blanket approach towards minority communities, essentializing their otherwise diverse needs and adversely impacting the rights of individuals within these accommodated communities. In this thesis, I focus on the Muslim community in Singapore and how the state has managed its religious personal law. Singapore has a dual legal system, with civil law co-existing with Syariah law as part of multiculturalism. While Muslims are subject to equal protection under the law in most domains like their non-Muslim counterparts, they are also subject to binding Syariah law in the personal domain. This thesis problematizes the binding nature of Syariah law which Muslims cannot escape unless they abjure Islam. As citizens, Muslims should be entitled to certain rights and privileges, including the choice of adhering to civil law over Syariah law if they deem it fit for themselves. However, their right to choice does not exist. The problem is exacerbated by the fact that the administration of Syariah law is rife with complexities, namely the prevalence of traditionalism and a discord with human rights standards. Additionally, the Muslim community is not monolithic, with a variety of religious modes of thought and orientation. The state’s reliance on the dominant religious elite to better understand the Muslim community compounds the problem since these religious leaders adopt a traditionalistic mindset, clinging onto past laws despite competing interpretations of their nature and meaning. Within the framework of multiculturalism and citizenship, this thesis problematizes the administration of Syariah law in the domains of marriage, divorce and inheritance. The prospect for change such as making Syariah law non-binding and calling for the state to manage traditionalistic attitudes and guarantee human rights fulfilment is also discussed. To illustrate the feasibility of the suggested remedial measures, case studies of India, Greece and Indonesia, along with a review of global and local efforts to reform Islamic law will be employed.