• Muslim women’s groups not ready to accept ‘piecemeal’ reforms

While the long-awaited amendments to the Muslim Marriage and Divorce Act (MMDA) are currently with the Attorney General (AG), Muslim women’s rights activists remain concerned about the multiple delays and the lack of transparency on this key piece of legislation. 

Speaking to The Sunday Morning, Justice Ministry Additional Secretary (Legal) Piyumanthi Peiris said that the MMDA amendments were currently with the AG and were pending his approval. However, she declined to comment on the nature of the amendments. 

At a press conference last month at the President’s Media Division (PMD), Justice Minister Dr. Wijeyadasa Rajapakshe said that the MMDA would be reformed. 

“Over the last 15 years, different committees have worked on and hundreds of discussions have happened in connection with MMDA reforms. In the end, we have approved to amend the changes that can only be agreed upon by consensus. 

“Accordingly, the reforms look at raising the age of marriage to 18 years – everyone has agreed on this. Regarding divorce in Quazi courts as well, we have recommended that women should also be allowed to be judges in such courts and those who are judges be authorised by the Judicial Service Commission (JSC). 

“The other change is that if a case is heard for more than a year in a Quazi court with no conclusion, it can be referred to the country’s civil courts system – the district courts.”

Those most affected 

While Attorney-at-Law and advisory committee member Ermiza Tegal welcomed the news that the bill was now with the AG, she raised concerns over the lack of transparency in relation to reforms. 

“Those most affected and others interested have no means of publicly engaging in these law reforms, which erodes public confidence. While reforms are urgently needed, the process of building public support and confidence has been sidelined. 

“Being part of the committee that proposed comprehensive positive reforms, I can only hope that much of the well-considered proposals have been adopted in the draft law moving through the legislative process,” said Tegal. 

In December 2020, the then Justice Minister appointed an advisory committee led by Attorney-at-Law Shabry Haleemdeen to identify areas in the MMDA that required reform. The committee submitted a report along with recommendations, which had taken into account Shari’ah and Islamic jurisprudence, the Constitution of Sri Lanka, and the documented harmful impacts of the MMDA in its current form. 

Based on these recommendations, the Justice Ministry formulated a draft bill which reportedly contained many progressive elements of reform, although the draft is yet to be made public. 

However, in June 2023, 16 Muslim MPs submitted recommendations in response to the draft bill. The Muslim Personal Law Reform Action Group (MPLRAG) later termed these recommendations by the Muslim MPs as a “betrayal,” highlighting that they opposed all progressive reforms recommended by the Haleemdeen committee. 

“The reforms to the MMDA have been long awaited. It has great potential to raise the quality of life of Muslim families, if comprehensive positive reforms are made,” added Tegal. 

Meanwhile, MPLRAG Co-Founder Hyshyama Hamin said that the delays in reforming the MMDA could no longer be justified as there was now a general consensus that this discriminatory act must be reformed and with urgency. 

However, she emphasised: “Muslim women’s groups will not accept piecemeal reform of just a few amendments.”

Thus she noted that reforms to the MMDA must be comprehensive, addressing all areas of discrimination from the signature of the bride to conditions for polygamy, and more fair and equal divorce types and processes for women and men. 

“We urge the Government to expedite MMDA reforms with a bill that truly centres justice for Sri Lankan Muslim women, and ensures welfare and dignity for Muslim families and communities of Sri Lanka.”

Contrary to international standards 

The UN Working Group on discrimination against women and girls, the Special Rapporteur in the field of cultural rights, the Special Rapporteur on the independence of judges and lawyers, and the Special Rapporteur on the sale, sexual exploitation, and sexual abuse of children said in October 2023 that if recommendations put forward by the Muslim MPs were to be introduced into the draft bill, it would be contrary to international standards and obligations on the protection of women’s rights.

“The recommendations put forward by the Muslim MPs would exclude Muslim women and girls from internationally and constitutionally guaranteed rights of equality and non-discrimination enjoyed by all other Sri Lankan citizens, which would also be in violation of Sri Lanka’s international human rights obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by Sri Lanka on 5 October 1981.”

Reportedly, the signatories to the MPs’ letter had included A.H.M. Fowzie, Rishad Bathiudeen, A.L.M. Athaullah, Naseer Ahamed, M.S. Thowfeek, Ishak Rahuman, Imthiaz Bakeer Markar, S.M. Marikkar, Marjan Faleel, M.H. Abdul Haleem, K. Kader Masthan, S.M.M. Muszhaaraff, Faizal Cassim, Ali Sabri Raheem, Imran Maharoof, and M. Muzammil.