HC Deb 27 January 1954 vol 522 cc248-9W
104. Mr. Awbery

asked the Secretary of State for the Colonies the divorce rate among Chinese and Malays in Singapore and Malaya; how many women and children have been left destitute where men have remarried and carried no responsibilities for wife or children; what steps are being taken to tighten the marriage and divorce laws and to give the women the same marital rights as are enjoyed by women in other parts of the British Commonwealth.

Mr. Hopkinson

No comprehensive statistics are available. Marriage laws and customs differ according to the race and faith of those concerned, but with this proviso, I am not aware that the marital rights of women in these Territories are less than those in force in other comparable parts of the Commonwealth.

In Singapore the law relating to monogamous marriages and divorces is broadly speaking the same as English law. It is however inapplicable to customary Muslim, Hindu and Buddhist marriages and divorces. Monogamous civil marriages have recently increased among the Chinese community, but marriages and divorces may still follow Chinese custom. The figures for Muslim divorces for the last three years are 1,526, 1,471 and 1,416.

As regards the second part of the Question, complete figures are not available, but 149 deserted or divorced wives with 372 children are in receipt of public assistance.

In the Federation of Malaya Malay marriages and divorces are governed by Islamic law. Non-Christian Chinese marriages are regulated by custom. There is no Chinese customary law covering divorce but a custom has developed of separation by agreement; such agreements normally make provision for care of any children of the marriage. Family unity is important among the Chinese and the customs which have evolved to regulate these matters provide a considerable measure of protection to women and children.

A Civil Marriage Ordinance has been passed to enable any person other than a Malay to enter into a monogamous marriage and it is hoped to bring this Ordinance into force in the near future.

It will be appreciated that the matters dealt with in this answer are governed by religious and customary observances. Moreover, in the Federation of Malaya, matters of Muslim religion are, by Treaty, the exclusive province of the Rulers of the States.