The Advisory Committee on Muslim Law Reforms submitted its report on the Muslim Marriage and Divorce Act of 1951 (MMDA) to Minister of Justice, M.U.M Ali Sabry, PC on June 21.
According to a press release issued on Sunday, June 27 by the Advisory Committee, the 10-member Advisory Committee was appointed on 31.12.2020 to advise the Minister on areas of reform in Muslim Personal Laws in Sri Lanka.
“The Committee acknowledges the wealth of material by past Committees, organizations and individuals as well as Cabinet subcommittee available to it, in considering reform to the MMDA.
The Committee’s deliberations also drew from the recommendations in the 2018 report of the Committee chaired by Justice Dr. Saleem Marsoof, PC.” The statement said.
The statement pointed out that at the outset, the Committee was advised that the Cabinet of Ministers had decided that - the minimum age of marriage will be 18; the consent and signature of the bride for the marriage to be obtained; and
women are also eligible to be appointed as Quazis.
“Thus, the Committee was not required to deliberate on the above issues decided by the Cabinet of Ministers. The Committees deliberations were, accordingly, centered around other aspects of the MMDA, within the Quazi System.”
Later, on 29.04.2020, the Committee was informed that in addition to the above decisions of the Cabinet of Ministers that a further decision had been taken by the Cabinet of Ministers on 08.03.2021 to - abolish the Quazi system; and to prohibit polygamous marriages of Muslim males.
The Committee’s advice was sought on suitable reform, in the event the above decisions were implemented. This led the Committee to deliberate on a system outside the Quazi system and to develop Part 2 of the report.
The Committee recognizes a Family Court as the ideal alternate forum for matrimonial matters, as it will be accessible, sensitive and people centered. However, in the absence of such a system, the abolition of the system of Quazis would mean that the District Courts would be the appropriate judicial forum.
The Committee presents its report in two parts in view of the above decisions by the Cabinet of Ministers.
1.Part 1 contains the Committee’s original deliberations and proposed reform to the MMDA as administered by a system of Muslim Marriage and Divorce through Adjudicators [formerly known as Quazi’s].
2.Part 2 of the report contains proposals that Muslim marriage and divorce law;
·be administered through a Family Court to be established for all family law matters
·if Quazi system is removed and no Family Court is established to be administered through the District Court.
The Committee among other things has proposed to encourage premarital counselling, recognize prenuptial agreements and facilitate marriage conciliation process. The Committee’s deliberations were influenced by understandings of problems faced by people, Islamic jurisprudence, Constitutional principles and legislative models from other jurisdictions. The balancing of interests and respect for all views expressed were the cornerstones of the approach adopted by the Committee to formulate its advice on law reform. The Committee sincerely hopes that the reforms proposed will provide much needed solutions for people in Sri Lanka.”
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