2023.08.02 (1445.01.14)
Justice Minister Wijeyadasa Rajapakshe had presented the proposal to the Members of Parliament regarding the amendment of the Muslim Marriage and Divorce Act, and the members of Parliament presented their recommendations and the amendments to be made in the proposed amendment. It was signed by 18 Muslim Parliamentarians.
Similar to the proposal submitted by the Muslim parliamentarians, the Muslim civil society organizations too agreed to arrive to consensus decision on the amendments to the MMDA, and present a proposal unanimously agreed by the Muslim civil organizations. In accordance to the request of members of the Muslim civil organizations to convene a meeting to discuss matters related to this proposal, ACJU, who are regularly consulted on religious affairs by the community, organized a meeting Muslim civil society organizations, on the 11th of July 2023 at the ACJU Head office.
The proposals presented by the Muslim Parliamentarians and some additional proposals by the Muslim civil organizations were discussed in this meeting. Accordingly, a document was prepared incorporating the proposals presented by the Muslim Parliamentarians and the Muslim civil organizations and was circulated amongst the organizations to acquire their consent for their organization name to be listed as a signatory.
It should be noted that the ACJU already submitted its proposals on the amendments to the MMDA to the Ministry of Justice. The particular document is discussion was the proposal unanimously agreed by the Muslim civil society organizations.
It is observed that the existing MMDA, does not include certain religious rulings, especially women are deprived of some rights which are granted by the religion.
ACJU reiterates its position that the MMDA should be amended in accordance to the current context, especially the rights of women should be protected and matters such as Khul’u and Mataa’ should be incorporated to the Act.
Accordingly, the ACJU has presented a comprehensive proposal on the amendments to the MMDA, considering the current context and ensuring that it does not contradict the fundamental principles of the Islamic religious teachings and culture, which has been preserved throughout history.
It has identified two main types of necessary amendments: administrative and those related to the fundamental religious teachings.
01) If the husband initiates the Talaq, the payment of Mataa’ should be made. In the event a woman has been compelled by duress exerted upon her by the husband to seek a Faskh divorce, then the right to grant Mataa’ to the woman should be included in the MMDA.
02) Khul’u (is when a woman repays the Mahr and compensation to the husband and obtains the divorce). The existing law does not facilitate this, whereas it should incorporated to the Act appropriately.
03) Divorce methods such as Talaq, Khul’u and Faskh are designed to protect the rights, dignity and honor of both men and women. As per Islamic rulings the father has to bear the maintenance expenses of children, and thereby related matters and rights should be legislated accordingly.
04) Signature of consent by the bride along with the signature of the Wali (guardian) should be mandatory during the registration of marriage.
05) One male Quazi and two female juries should be appointed to assist the Quazi.
This proposal includes more such amendments, which are proposed considering the current context and those that does not contradict the religious teachings.
The ACJU inquires the Muslim Council of Sri Lanka (MCSL), which of these 20 amendments proposals that it rejects.
Although the MCSL wishes to be portrayed as a Council of several organizations, it is significant to note that more than 20 of its member organizations have already submitted their written consents to the ACJU agreeing on the proposed amendments to the MMDA.
Furthermore, the ACJU requests the MCSL to clarify to the community, whether the opinions of all its member organizations were obtained in this regard. When was such a meeting held to discuss these matters and what were its decisions? And if the all its member organizations acknowledged the rejection by MCSL?
Moreover, many organizations have expressed their displeasure publicly and in private that the MCSL has included their organizations without their consent nor any consultation.
This proposal was prepared based on the collective proposals presented by the Muslim civil society organizations and was discussed with at the meeting with these organizations held the ACJU head office.
If MCSL had any personal preferences or objections on the proposed amendments, it would have been appropriate to have communicated it personally in writing.
Accordingly, the ACJU requests you to consider the confusion and unnecessary arguments that would arise in the community due to publicizing your personal preferences and objections on a long-standing unsettled issue, which is of concern to the entire community.
May Almighty Allah make us his righteous servants, who protects His religion and its values
ACJU Media Division
