Written Reply by Minister for Law Mr Edwin Tong SC on decision-making authority for prosecution of suspected offences under part 9 of Administration of Muslim Law act

6 November 2025 Posted in Parliamentary speeches and responses

Name and constituency of Member of Parliament
Mr Fadli Fawzi (Member for Parliament for Aljuned GRC)

Question
To ask the Minister of Law whether the assessment and decision to prosecute suspected offences under Part 9 of the Administration of Muslim Law are cleared within Attorney-General’s Chambers at the (i) Director level or (ii) higher management level; and (b) whether these offences (i) are considered as more serious or sensitive crimes or (ii) requires Attorney-General’s express consent to prosecute.

Written Answer:

1.  Under Article 35(8) of the Constitution, the Attorney-General, as Public Prosecutor, exercises prosecutorial discretion. This includes the assessment and decision to prosecute suspected offences. Such decisions are made independently.

2. The processes by which the Attorney-General’s Chambers (AGC) assesses and makes its prosecutorial decisions – including whether a matter is reviewed at Director or higher management levels – are operational matters within the AGC’s purview to determine independently and for AGC to decide based on the circumstances of each case and its assessment of the public interest.

3.  Under the Administration of Muslim Law Act, there is no provision requiring the Attorney-General’s express consent to prosecute offences under Part 9.

Last updated on 6 November 2025