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Minister of State for Home Affairs Faishal Ibrahim reassured the Malay Muslim community that despite the government's repeal of Section 377A of the Penal Code, the government's position on marriage and family issues has not changed.

Parliament, not court

Speaking in Malay, Faishal said that the traditional view of marriage in Singapore is between a man and woman, citing the definition set in the Women's Charter and the Administration of Muslim Law.

He also pointed out the policies regarding housing, adoption, education, and media, that relied on that interpretation.

Faishal said the government, by introducing the constitutional amendment, was ensuring the institution of marriage and its dependent policies would be determined by parliament, and not courts.

Faishal cited Prime Minister Lee Hsien Loong's National Day Rally Speech, where the PM said that the courts did not have the expertise or mandate to deal with political issues, or issues that were against social norms and values.

Parliament on the other hand, had the ability to garner feedback, and thus was best placed to evaluate the way forward and balance societal considerations.

On repeal

Faishal shared the concerns of some members of the Malay-Muslim community in Singapore, that the repeal of 377A represented a shift in the government's stance on family and marriage. However, Faishal said there was no change in the government's position on those issues.

He laid out three reasons for the government's repeal.

Firstly, it was right and principled, and that there was no law and order problem caused by the private behaviour of adult homosexuals.

Secondly, there was a significant risk that the courts would strike down 377A because of the equal protection clause of the constitution, as explained by Home Affairs and Law Minister K Shanmugam on Nov. 29.

Thirdly, if the court struck down 377A,  the definition of marriage, along with laws and policies related to it, could similarly be challenged.

Concerns

Faishal then spoke about the concerns of Singapore's Malay Muslim community. He started by reiterating that the government did not intend to cause societal instability, and that it would not change any marriage laws or related policies.

The concerns were summarised into two points. First, that the Malay Muslim community wanted to protect religious and family values. Second, that the push for LGBT rights would infringe religious freedoms.

For the first point, he referred to the religious guidance from the Mufti, who had said that in Islam only sexual relations between husband and wife were allowed.

But the Mufti also acknowledged that Singapore was a pluralistic society, and that it was necessary to show empathy and respect to those with different views.

For the second, Faishal said that the repeal would not affect religious freedom, which would continue to be protected under the constitution.

There would be no restriction on the ability of religious leaders in the community to preach Islam's stance on homosexuality, so long as it did not go beyond the limit and incite violence or hatred.

Faishal also emphasised the balance between religious freedom and mutual acceptance and respect in a plural society, which was essential for the maintenance of social cohesion.

United society

In conclusion Faishal said that Singaporeans were free to disagree with each other, and space should be given to present opinions and concerns.

He also shared how the Mufti had said the 377A repeal was a complex social issue, and a tough balancing act for both government and religious groups.

Faishal said that the community should continue to be guided by Islamic values and teachings even as laws change, but that it was important to not polarise this issue, and risk straining the communal ties that have been built up over the years.

It was important that Muslim leaders take into account the views of Singaporeans as a whole, so that we can move forward together while ensuring unity and cohesion.

Faishal thanked community leaders and colleagues for sharing their views, and called on everyone to keep calm and exercise moderation, while working out a consensus for the betterment of Singapore.

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Top image by MCI Singapore/YouTube