• Last Update 2024-07-18 13:18:00

Muslim marriages and divorces to be brought under common law

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Cabinet has approved a proposal to amend the Civil Procedure Code and the Civil Procedure Code which that contains marriage procedures to enabling those who believe in Islam who wish to get married under the Marriage Registration Ordinance to be governed under the Act. 

The proposal was presented by Justice Minister Ali Sabry.

Section 12 of the Constitution has decreed that no citizen shall be discriminated against on the grounds of race, religion,caste, sex, political opinion, place of birth or any such grounds.

However, the Muslim Marriage and Divorce Act, which governs Muslim marriages and divorces, includes specific provisions that discriminate against women, and various women's organizations and belonging to the Muslim community and Muslim law scholars have pointed out the need to repel such provisions from the law, the Government stated. 

Therefore, under the common law governing governing the marriage and divorce of citizens of Sri Lanka, it has become appropriate to provide them with alternative opportunities to govern the marriage and divorce of people of the Muslim community as well, it was noted.

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