Muslim women activists express concern over moves to thwart marriage act reforms

Muslim women's rights groups have expressed “serious concern” over attempts to prevent certain changes to the Muslim Marriage and Divorce Act (MMDA).

The MMDA had been widely discussed in the recent past with activists lobbying for reforms by citing provisions in the act which permit child marriages in the country.

“We don’t want bits and pieces of change which make no difference to the lives of Muslim women. We need a comprehensive change,” rights activist Ermiza Tegal told a news conference organised by Muslim Womens' rights groups today (Jul 26).

Veteran human rights activist Jezima Ismail recalled instances of women who had visited her for counselling as a result of being oppressed due to the Act. “It is not only the laws. It is the (legal) system that has also broken down,” she told reporters.

Ms Ismail pointed out that she had been urging for reforms since the 1980's both independently and by also establishing the Muslim Reforms Research and Action Forum afterwards.

The activists emphasized that the MMDA is only a piece of legislation passed by the Parliament and not a divine law. “As it’s a man-made law, amendments are compulsory when there is a necessity,” lawyer Shifana Gul Begum said.  

She observed that the Muslim marriage law had been introduced to Sri Lanka in the 17th century after being brought from Indonesia at that time.

The activists refuted misconceptions that the MMDA is a problem which is confined only to women. “Generally, we highlight that women and children have been affected by this act. However, men too have been affected due to this,” activist Juwariya Mohideen stated.

Meanwhile, the rights groups pointed out that Muslim lawmakers had agreed to a 14 point proposal to amend the MMDA, on July 11. However, they claimed that certain “conservative groups” are attempting to thwart the process of amending the law.

The Muslim women’s rights groups, in a press release, also listed out certain demands concerning the reforms to the MMDA. Some of those suggestions are as follows:

• Minimum age of marriage for all Muslims must be 18 without any exceptions.
• Women should be eligible to be appointed as Quazis (a Muslim court judge), members of the Board of Quazis, marriage registrars, jurors, and registrars.
• MMDA must apply to all Muslims irrespective of their sect.
• Signature of both the bride and bridegroom is mandatory in an official marriage.
• Mandatory registration required for the legal validity of a marriage.
• Polygamy to be permissible only under exceptional circumstances, with just cause, under specific conditions including financial capacity, consent of all parties, and with court authorisation.
• Procedures for divorce initiated by husband and wife must be the same.
• Expand dowry to include immovable assets and made recoverable at the time of divorce. Granting and obtaining dowry without recording during marriage registration to be illegal and be subjected to a penalty.
• Introduce, recognise, and facilitate the concept of the marriage contract to be entered into by Muslim couple prior to marriage.
• Upgrade the quality of the quazi court system as effective family friendly courts by improving the qualifications of quazis to ensure efficient access to justice for women and men, and a robust monitoring mechanism.