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Administration of Muslim Law (Haj) Rules

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Administration of Muslim Law Act
(Chapter 3, Sections 88B and 88C(2)(b), (c), (d), (e) and (f))
Administration of Muslim Law (Haj) Rules
R 6
G.N. No. S 406/1999
REVISED EDITION 2001
(31st January 2001)
[27th September 1999]
PART I
PRELIMINARY
Citation
1.  These Rules may be cited as the Administration of Muslim Law (Haj) Rules.
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 Haj year”, in relation to an application by a person to perform the Haj, means the year specified in the approval of that application as the year in which the person has been offered a place by the Majlis to perform the Haj subject to the availability of quota allotted by the Kingdom of Saudi Arabia for that year;
[S 577/2010 wef 08/10/2010]
“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 IA
REGISTRATION FOR HAJ
[S 99/2008 wef 01/03/2008]
Application for Haj
2A.
—(1)  A person, being a citizen or permanent resident of Singapore and 18 years of age or above, who desires to perform the Haj shall apply to the Majlis to be registered to perform the Haj.
[S 577/2010 wef 08/10/2010]
(1A)  A person, being a citizen or permanent resident of Singapore and below 18 years of age (referred to in this Rule as the relevant person), who desires to perform the Haj, may apply to the Majlis to be registered to perform the Haj if the application is made together with an application by one of his parents, or his legal guardian, to be registered to perform the Haj at the same time as the relevant person.
[S 577/2010 wef 08/10/2010]
(2)  An application under paragraph (1) or (1A) shall be in such form and manner as the Majlis thinks fit and shall be accompanied by an administration fee of $240.
[S 577/2010 wef 08/10/2010]
(3)  The Majlis may approve an application under paragraph (1) or (1A) on such terms and conditions as the Majlis thinks fit.
[S 577/2010 wef 08/10/2010]
(4)  The Majlis may refuse to approve an application made under paragraph (1) or (1A) if —
(a)
the application is not made in accordance with paragraph (2) or with the rules and regulations imposed by the Kingdom of Saudi Arabia;
(b)
the application contains false or misleading information;
(c)
the applicant has performed the Haj less than 5 years before the year of the Haj that is the subject of the application; or
(d)
the quota allotted by the Kingdom of Saudi Arabia for the year of the Haj that is the subject of the application has been taken in full.
(5)  It shall be a condition of the approval of an application of a relevant person under paragraph (1A), (whether or not that approval is subsequently amended) that the relevant person performs the Haj at the same time as one of his parents, or his legal guardian, as the case may be.
[S 577/2010 wef 08/10/2010]
(6)  An applicant may, at any time, apply to the Majlis to cancel his application.
[S 577/2010 wef 08/10/2010]
(7)  The Majlis may, at any time, cancel any approval granted under paragraph (3) if the applicant had, in his application, furnished any information which is false or misleading.
[S 577/2010 wef 08/10/2010]
(8)  An approval granted under paragraph (3) shall state the approved Haj year.
[S 577/2010 wef 08/10/2010]
(9)  If a person cannot perform the Haj in the approved Haj year stated in the approval granted under paragraph (3), he may apply to the Majlis to defer the performance of the Haj to a different approved Haj year and to amend the approval so granted accordingly.
[S 577/2010 wef 08/10/2010]
(10)  Where —
(a)
an application under paragraph (6) is made by the parent or legal guardian of a relevant person who has made an application under paragraph (1A) with his parent or legal guardian; or
(b)
any approval granted to that parent or legal guardian is cancelled under these Rules,
any application of, or approval granted to, the relevant person shall be deemed to be cancelled.
[S 577/2010 wef 08/10/2010]
Notice to perform Haj
2B.
—(1)  Where an approval has been granted under rule 2A(3) to a person to perform the Haj in the approved Haj year, the Majlis shall, before the performance of the Haj in the approved Haj year, cause a notice to be served on that person to ascertain from him whether he is able to perform the Haj in the approved Haj year.
(2)  The notice issued under paragraph (1) must state a reasonable time within which the person on whom the notice is served must inform the Majlis whether he is able to perform the Haj in the approved Haj year concerned.
(3)  If the person informs the Majlis that he wishes to have the approval granted under rule 2A(3) cancelled within the time stated in the notice or such other time as the Majlis may allow for that particular case, the Majlis shall cancel the approval.
(4)  If the person does not inform the Majlis that he is able to perform the Haj in the approved Haj year within the time stated in the notice or such other time as the Majlis may allow for that particular case, the Majlis may cancel the approval granted under rule 2A(3).
(5)  If the person informs the Majlis that he is not able to perform the Haj in the approved Haj year within the time stated in the notice or such other time as the Majlis may allow for that particular case, the Majlis may, upon application by the person, defer the performance of the Haj to a different approved Haj year and amend the approval granted under rule 2A(3) accordingly.
(6)  If the person cannot perform the Haj in the year that it has been deferred to under paragraph (5) or rule 2A(9), the approval granted under rule 2A(3) shall be deemed to be cancelled.
[S 577/2010 wef 08/10/2010]
One deferment allowed
2C.  Notwithstanding rules 2A(9) and 2B(5), any application to amend an approval granted under rule 2A(3) for the deferment of the performance of the Haj may only be made once.
[S 577/2010 wef 08/10/2010]
Fee to be refunded upon cancellation of application or approval
2D.
—(1)  Where —
(a)
any application is cancelled pursuant to an application under rule 2A(6);
(b)
any approval is cancelled under rule 2A(7) or 2B(3) or (4); or
(c)
any approval is deemed to be cancelled under rule 2B(6),
the Majlis shall refund $190 to the person whose application or approval is or is deemed to be cancelled, as the case may be.
(2)  Notwithstanding paragraph (1), the Majlis may, where it considers appropriate, refund the whole of the application fee to the person whose application or approval is or is deemed to be cancelled, as the case may be.
(3)  If the person to whom the refund is to be made is dead, any sum to be refunded shall be made to the estate of that person.
[S 577/2010 wef 08/10/2010]
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 $240.
[S 99/2008 wef 01/03/2008]
[S 577/2010 wef 08/10/2010]
(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) —
(a)
shall be valid for such period as may be determined by the Majlis; and
(b)
may be renewed for such period, and on such terms and conditions, as the Majlis thinks fit.
[S 577/2010 wef 08/10/2010]
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 and any item of identification provided by the Majlis at all times during the performance of the Haj;
[S 577/2010 wef 08/10/2010]
(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;
[S 577/2010 wef 08/10/2010]
(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; and
[S 577/2010 wef 08/10/2010]
(f)
take all reasonable measures to ensure the safety and welfare of every pilgrim.
[S 577/2010 wef 08/10/2010]
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);
[S 577/2010 wef 08/10/2010]
(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; or
[S 577/2010 wef 08/10/2010]
(vi)
the travel agent fails to secure the required number of minimum booking of persons for the purposes of the Haj within such deadline as may be determined by the Majlis;
[S 577/2010 wef 08/10/2010]
(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 $20.
[S 99/2008 wef 01/03/2008]
(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.
[G.N. No.S 406/99]

LEGISLATIVE HISTORY

Administration of Muslim Law (Haj) Rules
(CHAPTER 3, R 6)
This Legislative History is provided for the convenience of users of the Administration of Muslim Law (Haj) Rules. It is not part of these Rules.
1.  
G. N. No. S 406/1999—Administration of Muslim Law (Haj) Rules 1999
Date of commencement
:
27 September 1999
2.  
2001 Revised Edition—Administration of Muslim Law (Haj) Rules
Date of operation
:
31 January 2001
3.  
G. N. No. S 99/2008—Administration of Muslim Law (Haj) (Amendment) Rules 2008
Date of commencement
:
1 March 2008
4.  
G. N. No. S 577/2010—Administration of Muslim Law (Haj) (Amendment) Rules 2010
Date of commencement
:
8 October 2010