The review process of the Muslim Marriage and Divorce Act (MMDA) Amendment Bill has encountered a significant roadblock as Muslim Members of Parliament (MPs) find themselves at odds over the inclusion of female quazis.
A muslim MP who did not wish to be named told The Sunday Morning that the disagreement, centred around differing views held by MPs Rishad Bathiudeen and Rauff Hakeem, had sparked the need for further discussions before a conclusive decision could be reached. “While Rishad and some others oppose the appointment of female quazis, an equally vocal group of MPs believes that qualification-based inclusion should be gender-neutral.”
This divergence of opinion raises important questions about gender equality and the interpretation of Islamic law within the context of the bill.
Final decision on female quazis yet to be reached
All Ceylon Makkal Congress (ACMC) Leader MP Rishad Bathiudeen shed light on the ongoing discussions, highlighting that several meetings chaired by Samagi Jana Balawegeya (SJB) MP A.H.M. Fowzie had taken place to deliberate on the matter. Bathiudeen emphasised that the process was still underway, with plans to meet Justice Minister Dr. Wijeyadasa Rajapakshe on Tuesday (4) to present their suggestions.
Stressing that these deliberations pertained specifically to the Muslim community and must be aligned with the principles outlined in the Quran, Hadiths, and Islamic law, Bathiudeen said that the final decision on the inclusion of female quazis had yet to be reached.
“We haven’t finalised the issue of female quazis. We will finalise the matter on Tuesday (4) and then give the recommendations to the Minister,” Bathiudeen told The Sunday Morning.
Conditional polygamy
On the other hand, SJB MP S.M. Marikkar expressed optimism about the progress made so far in the review process. Marikkar confirmed that various aspects had been finalised, including setting the legal age of marriage at 18 years and imposing stringent conditions on polygamy.
Marikkar underscored that polygamy would only be permissible with proper registration, ensuring accountability and transparency. Furthermore, he stated that all MPs had unanimously agreed on the inclusion of women in quazi courts. The appointments to these courts will be handled by the Judicial Service Commission, with specific qualifications serving as prerequisites for selection.
“Almost everything has been finalised. The age of marriage is set at 18 years. We are not simply allowing polygamy; we are making nikah and registration compulsory for a marriage. Therefore, if anybody wishes to enter into polygamy without registration, they won’t be able to. There will also be other conditions for polygamy – it will be polygamy with conditions.
“The wali is compulsory as well and the bride also has to sign. With regard to quazi courts, we are 100% agreed that women should be included. Everyone has agreed to that. The Judicial Service Commission will make the appointments and there will be minimum qualifications needed to be appointed to the quazi court,” Marikkar said, speaking to The Sunday Morning.
Hopes of finalisation
SJB MP Fowzie, adding to Marikkar’s statements, expressed the intention to submit the finalised documents to the Minister of Justice once all matters had been resolved. Fowzie anticipates achieving this objective in the upcoming week.
“We will hand over the documents soon. We will be meeting the Minister only once things are finalised, hopefully by next week,” Fowzie told The Sunday Morning.
Meanwhile, the Muslim Personal Law Reform Action Group (MPLRAG) has raised concerns of an all-male agenda in the reform process stemming from closed-door meetings between MPs and the All Ceylon Jamiyyathul Ulama (ACJU).
“MPLRAG is cautiously optimistic that MMDA reforms are moving ahead, but we are very concerned about the reports that the MPs are meeting privately with ACJU to set an all-male-led agenda for reform. It is vital that any and all reforms centre on those most affected – Muslim women and girls. Reforms cannot only consider voices of conservative groups with a very narrow view of Islamic jurisprudence, rather they must incorporate the diversity of jurisprudence that is possible in Islamic law.
“The Advisory Committee on MMDA reforms submitted its amendments to the then Ministry of Justice exactly two years ago. Most amendments recommended by the committee, including representatives of the ulema, were agreed with broad consensus. Any and all reforms need to build on from this process and not backtrack or sideline it,” MPLRAG noted.
It also called for broad and inclusive reforms that safeguard Muslim women and girls: “MPLRAG stands firm and continues to urge comprehensive reforms to the MMDA and quazi system. Amendments to only a few provisions are not going to deliver justice and equality to Muslim women and girls and the discrimination against them will continue. Only comprehensive reforms of all the discriminatory provisions of the MMDA will ensure the well-being of Muslim families and ensure dignity in Muslim marriages. Reforms are long overdue and must be prioritised by the Sri Lankan Government now.”
Repeated attempts to contact the Justice Ministry and its officials were unsuccessful. Sri Lanka Muslim Congress (SLMC) Leader MP Hakeem was also unavailable for comment.