By Skandha Gunasekara A list of amendments for the Muslim Marriage and Divorce Act (MMDA) were approved by the Cabinet of Ministers last week, but Muslim rights activists and women’s rights groups criticised the amendments, asserting that it fell far short of the rights and freedoms promised to female Muslims. These amendments are a result of persistent campaigning by Muslim women for over two decades and, at its core, deals with ensuring equal rights for women in the Muslim community of Sri Lanka. The civil society struggle resulted in a committee headed by Justice Saleem Marsoof being appointed in 2009, to propose reforms to the MMDA. However, it took nearly a decade for the Justice Saleem Marsoof (JSM) Committee to compile its report, which was finally submitted to the Ministry of Justice in January 2018. Thereafter, Muslim parliamentarians decided to propose amendments to several key sections of the MMDA – including those related to the minimum age of marriage and women’s consent – along with the proposals unanimously agreed to in the JSM Committee Report, and submitted a cabinet paper to Minister of Justice Thalatha Athukorala in mid-July. Accordingly, these amendments were approved by the Cabinet of Ministers last Wednesday (21). The contentions points MMDA rights groups are calling to reform are the minimum age of marriage for a female Muslim, consent of a female Muslim when entering marriage, and appointing female judges (quazis) to Qazi courts. The first is one of the most contested issues in this debate. The minimum age of marriage The minimum age at which a Muslim girl or boy can get married under the current MMDA regulations is, contrary to popular belief, not 12 years. As per Section 23 of the Act, a girl even below 12 can be given in marriage with the authorisation of a Quazi judge. Consequently, there is technically no minimum age of marriage for Sri Lankan Muslims. Among the amendments approved by the Cabinet of Ministers is the incorporation of a clause raising the minimum age of marriage to 18 for both men and women. However, the amendment also comes with a clause allowing exceptions to be made for those aged below 18 and above 16, with the consent of a quazi. The amendments also stipulate that it would be considered an offence if a marriage is solemnised without the permission of a quazi or an individual is below the age of 16. The consent of the bride is to be a mandatory requirement to validate the marriage in addition to the consent of the wali (guardian). The bride must place her signature or thumb print in the marriage register in addition to the signature of the wali (guardian). Other amendments approved by the Cabinet stipulate that the registration of marriage and the nikah are mandatory and should take place at the same time. Non-registration will be punishable by law, but children born into unregistered marriages would be considered legitimate and all their rights protected and ensured by law. Concerning polygamy, the amendments state that a Muslim woman should be empowered at the time of registration to enter into a prenuptial contract stating that she is entitled to a Fasakh divorce if her husband contracts another marriage without her consent while being married to her. If the wife doesn’t give her consent, she then has the right to apply for a Fasakh divorce. For the subsequent marriage to be solemnised, it is mandatory to obtain the permission of a quazi. However, if said subsequent marriage is carried out without the approval of a quazi, it would be a punishable offence. Appointment of female quazis Currently, female Muslims are not allowed appointments as judges of Quazi courts, which deal with various issues within the Muslim community, ranging from marital affairs to matters pertaining to land ownership.   With regard to the role of women, the amendments state: “Provide for adequate representation for males/females in the Muslim Marriage and Divorce Advisory Board and Board of Quazis” and “provide for women to be registrars of Muslim marriages by removing the word ‘male’”. However, the amendments do not contain any clause relating to the appointment of female quazis. Activists disappointed Muslim Personal Law Reforms Action Group member and human rights lawyer Ermiza Tegal was critical of the amendments. Tegal opined that even at this late stage, the minimum age of marriage had not been strictly kept at 18. “The minimum age is now 18, but they’ve brought in a clause permitting those aged 16 and 17 to marry with the consent of a quazi.” She went on to say that allowing a female to be appointed as a quazi was a crucial part of the MMDA reforms. “These amendments do not do justice to the reforms that have been demanded. There is no point in going ahead with such amendments if they do not resolve the issues faced by Muslim women,” she said. However, Tegal proposed that an amendment to the General Marriage Registration Ordinance be brought as a temporary measure. “An amendment to the General Marriage (Registration) Ordinance to permit Muslims to marry under its provision will be a temporary fix,” she stated. Meanwhile, the Women and Media Collective called for comprehensive, permanent reforms to the MMDA to ensure the rights of Muslim women. “The reforms to the MMDA which women’s groups are advocating for are critical if women in Sri Lanka are to enjoy their rights equally. Realisation of the clauses on equality and non-discrimination enshrined in the Constitution apply to all citizens across sex, gender, class, caste, religion, and ethnicity. “The insistence by some Muslim parties on practices such as a lower age of marriage for Muslims or clauses in the General Marriage (Registration) Ordinance that exclude Muslims must continue to be strongly challenged and reformed,” said Women and Media Collective Programme Director Sepali Kottegoda. However, Parliamentarian Faiszer Musthapha opined that a clause regarding female quazis was not included in the amendment as the Muslim MPs could not come to a consensus on the matter. “The Muslim MPs were unable to come to an agreement on the issue of female quazis. I have always said that the MMDA reforms should be looked at through the view of Muslim females who have suffered due to the MMDA,” he said. He said it would be possible to bring in an additional provision to the amendment at the committee stage of the debate in Parliament. “I hope we can bring in this amendment during the committee stage. Any parliamentarian could bring this into the bill,” Musthapha said. Ministry of Muslim Religious Affairs and Postal Services Director M. Ashraf told The Sunday Morning that the next step for the proposed legislation was for the Legal Draftsman to draft a bill. “Sometimes, the Legal Draftsman takes a year or two to draft a bill. But as this is a pertinent matter, hopefully the Legal Draftsman will give it priority.” Thereafter, it would be given to the Ministry of Justice which will refer it to the Attorney General, after which it would be submitted to Parliament. “If the legal draft is promptly prepared, then it’s possible that the bill could reach Parliament before the upcoming election,” he said.