Key individuals behind the proposed Muslim Marriage and Divorce Act (MMDA) reforms have allegedly faced intimidation at the hand of groups opposing the change to legislation, but have decided not to lodge complaints with the Police so as not to aggravate the sensitive cultural issue, The Sunday Morning learns. 

The Sunday Morning learns that MMDA activists are facing intimidation and abuse both on social media as well in person over the telephone.

Sri Lanka Muslim Council Vice President Hilmy Ahmed, who was also a member of the committee which drafted the proposals, is among those who have allegedly been targeted by groups who are against reforms.

“The people who are opposing any form of reform for the MMDA are paving a campaign against some of us who feel that we need to bring in the necessary reforms because some of them are very archaic and whatever we are proposing is within Islam as practised in many other Muslim countries. But some of these advocates who are saying ‘no reforms’ are basically saying that we have inherited this for centuries and there should not be any change,” Ahmed alleged.

Ahmed said that he had no intention of filing a complaint with the authorities, adding: “I don’t see a point in lodging a complaint with the Police.” 

Hate and intimidation

The Head of the Committee appointed to draft the reforms, Attorney-at-Law Shabry Haleemdeen has also had to face hate and intimidation from those who oppose the changes, including from those in his own community. 

“There are groups who are advocating certain matters they think are right. But there are one or two organisations which are taking this to the next level with a lot of personal attacks. A Tamil medium newspaper had interviewed me and I briefed them on what we have proposed, but they had gone against me personally. The proposals were not only by me but by the whole committee. I was just heading it,” Haleemdeen said. 

When asked why he had not complained to the Police, Haleemdeen said that he would not be making any complaints as it would only antagonise matters further. “I think it will only aggravate the matter,” Haleemdeen said. 

He said these fundamentalist groups were against the appointment of female qazis and the fixing of the age of marriage to 18 years, among other proposed reforms.

“These groups don’t want female qazis to be appointed or the age of marriage to be fixed at 18. So while propagating those, they are engaged in very low level personal attacks. I don’t want to mention the names of these groups but they are the Muslim groups which are advocating aspects which are contrary to the proposals that have been made by the committee, the decisions taken by the Cabinet, and the agreement reached by all Muslim MPs in Parliament, who agreed to all proposals that the committee had made,” he said, adding that the proposals were before the Legal Draftsman at present. 

Time for change

Ahmed explained that there were many people who objected to the reforming of community cultural aspects being practised by Sri Lankan Muslims. He pointed out that it was time cultural changes were made, as the Muslim youth, particularly women and girls, were more educated than in previous generations. “Thus they question certain traditions being practised by the community, which they believe are outdated.”

“Fortunately the Muslim female population in Sri Lanka is very emancipated now. If you take the average university entrance, there are far more Muslim girls entering and even more than boys. They are becoming educated and we have to adapt to the changing environment. We also see today that everybody has access to information. Earlier when parents suggested something, nobody would question it, but today the young people, not only girls, are questioning some of the traditions which are not a part of Islam. There was a change in the Muslim community but that did not reach the majority of the population. That is where the dilemma lies,” Ahamed explained.

According to Ahmed, he has faced harassment on social media as well as death threats over the phone. However, he said that he was not fazed by such threats as he had faced worse during the civil war.

“I get a lot of hate calls and hate posts on almost every Muslim social media group, but as far as I’m concerned, I am not afraid of them because as a civil rights activist for close upon 40 years, I have come under such attacks by various forces who feel that we are changing the mindset of the people positively.” 

HRW stance

The recent report on Sri Lanka by Human Rights Watch has highlighted the need for changes to be made to the MMDA, particularly due to its discriminatory nature towards Muslim women and girls.

“The Muslim Marriage and Divorce Act (MMDA), which governs marriage in the Muslim community, contains numerous provisions that violate the rights of Muslim women and girls, including by allowing child marriage without setting any minimum age. The act stipulates that only men can be judges of the qazi (family) court, which makes it easier for men than for women to obtain a divorce, and does not require a woman or girl’s consent to be recorded before the registration of her marriage. 

“Furthermore, the Penal Code permits what would otherwise constitute statutory rape, in cases of child marriage that are permitted under the MMDA, by providing that a man having sexual relations with a girl under the age of 16 years commits rape unless she is above the age of 12 and is his wife.”

Late last year significant headway was made when the proposal submitted by the committee was accepted by all Muslim parliamentarians. It is now being drafted into a bill.

When contacted by The Sunday Morning regarding the threats and intimidation faced by MMDA reformers, Buddhasasana, Religious, and Cultural Affairs Minister Vidura Wickremanayaka said that if he were to be notified by those who were facing harassment, he would take necessary action.

“I have not been informed of this; I’m only hearing of it now. They must inform me of this. If they do so in writing, I will look into it.”