Professional Documents
Culture Documents
The issues faced by those directly affected by the MMDA and the
Quazi court system have been well documented [1] and the
demand to reform goes back to more than 50 years. [2] The
government appointed Committee led by Justice Marsoof has
been working on recommendations for reform since 2009.
Reforms that give women their due rights have often been
stymied by the use of Hadiths without adequate emphasis on
Takrij (examination & evaluation of Hadith). One of the most
controversial issues in Muslim Personal Law is the age of
marriage. The debate on this issue has been dominated by a
particular hadith and the position that has been taken based on
that hadith, goes, not just against International Human Rights &
the Rights of Children but most importantly goes against the
broader implications of individual responsibility outlined in the
Quran.[3] The re-examination of secondary source materials has
revealed the inaccuracy of the said Hadith and reforms in the light
of this new information have taken place in a large number of
Muslim countries and communities.
Based on the above, we support and call for the following reforms:
1.1 The MMDA must reflect the
application of the state stipulated age of
18 years as minimum age of marriage
for all. In calling for this amendment we
1. Age also recognise the existence of
of underage marriages as a social problem
marriag among vulnerable communities across
e Sri Lanka and urge that any review of
the age of marriage be undertaken on
the basis of the best interest of the
individual and as per the license allowed
in the Quran and Sunna.
2.1 Ensure that no marriage can be
2. legally entered into without full and free
Marriag consent of bride and groom-which is
e expressed by them in person and in the
contract presence of the authority competent to
s solemnize the marriage before
witnesses
2.2 All Muslim marriages to be
registered to be legally valid
2.3 As intimated in principle in the
Quran and not disavowed in the Sunna,
MMDA should recognize and allow for
both parties to the marriage to mutually
draw up pre-nuptial contracts prior to
marriage registration. Matters such as
polygamy or right of a wife to continue
in her profession can be stipulated in
the contract prior to marriage.
3. 3.1 MMDA must make mandatory
Divorce provision for payment of Mataa in all
safegua cases of talaq and fasah divorces as per
rds Quran verse 2:241.
3.2 All possible measures must be
taken to prevent the abuse of the male
right to polygamy. Men contemplating
multiple marriages must do so with a
resource base that meets with the
approval of an authorized quazi and of
the previous wives. All previous and
active marriages must continue to be
recorded in the marriage certificate.
4.1 We call for a complete overhauling
of the Quazi Court system. We call for
4. Quazi upgrading the Quazi court to the status
Court of a District court and its jurisdiction to
reforms include additional related issues such as
maintenance and custody of
minor children.
2. The appointment and supervision of
Quazis must at a minimum, include the
following:
Women should be eligible to be
appointed as Quazis as members
of the Board of Quazis, Marriage
Registrars and Assessors.
Appointments of Quazis should be
made on the basis of an agreed set
of competencies including that the
Quazi be qualified as an attorney
at law.
All Quazis should undergo
compulsory judicial training in the
reformed MMDA with regular
updating on issues of gender
sensitivity and ethics.
There should be a systematic
oversight mechanism implemented
by the Judicial Services
Commission
We urge that both Sri Lankan legislators and Muslim religious
authorities take the above into account and speedily bring about
the long overdue changes to the MMDA.
Signatories
###
See Hyshyama Hamin and Hasanah Cegu Issadeen (2016)
[1]