MMDA: Kandy Forum Says Reforms Needed To Enhance Social Status Of Muslim Women

November 20, 2016

While emphasizing the need to enhance the social status of Muslim women in particular, the Kandy Forum has proposes changes in the areas of minimum age for marriage, consent of the bride, polygamy, mahar and dowry, divorce, maintenance and exclusion of women as administrative officers in the controversial Muslim Marriage and Divorce Act (MMDA).

Prof. M A Nuhman

In a statement signed by Prof. M A Nuhman, Prof. S H Hasbullah, Prof. M A M Sitheeque, M M. Niyas,, Prof. M S M Anes, J MMubarak, Dr. M Z M Nafeel, Dr. A S M Nawfhal, Dr. A L M Mahroof, J M Niwas and U M Fazil said, “It is the Muslim Marriage and Divorce Law that has been mostly contested and it has been admitted that there are anomalies in there to be rectified, particularly provisions that are discriminatory against women, contrary to the Quranic intension of gender equality, but based on age old social practices, disregarding the tremendous social changes the Muslim community has undergone during the last hundred years in Sri Lanka as in many other Muslim countries,” the statement said.

“We think that these changes are vital to enhance the social status of Muslim women in particular and the development of Muslim community in general,” they said in the statement.

The Forum proposed the adoption of a pluralistic approach in revising the MMDA, without restricting to a particular mathab (sect) and to incorporate all the appropriate and progressive aspects of Personal Laws of different mathab in order to give more importance to Quran and Sunna than individual mathab.

We publish below the statement in full:

Muslim Personal Law Reform in Sri Lanka

Proposals by the Kandy Forum

Muslim Personal law reform has become a more controversial issue recently due to the alleged involvement of European Union and the appointment of a Cabinet Sub Committee for review the subject. Muslim Personal Laws which have been in existence for a long time in Sri Lanka has come in for debate from different sections of the community and necessary reforms have been expected for some time. Many attempts made in the past to make reforms were futile, due to a section of the community is against any reform in MMDA as they believe that it is divine and unchangeable, and the Muslim political leadership is also evasive in this important matter.

Constitutional Amendments and Muslim Personal Law Revisions being contemplated at present, and we understand that the committee appointed in 2009 by the then Minister of Justice headed by the former Supreme Court Judge Mr. Saleem Marsoof is about to submit their report. Whilst the Quran and Sunna Perspectives have to necessarily stay intact, the practical provisions made to accommodate the contextual situation at the time need to be examined in detail for possible revisions.

It is the Muslim Marriage and Divorce Law that has been mostly contested and it has been admitted that there are anomalies in there to be rectified, particularly provisions that are discriminatory against women, contrary to the Quranic intension of gender equality, but based on age old social practices, disregarding the tremendous social changes the Muslim community has undergone during the last hundred years in Sri Lanka as in many other Muslim countries.

Given this situation the Kandy Forum has tried to study the MMDA in consultation with some Islamic scholars and look at making recommendations for reform so as to assist those involved in the reform process.

Whilst the Quran and Sunna perspectives have to necessarily stay intact, the practical provisions made to accommodate the contextual and situational adjustments at the time need to be examined in detail for possible revisions, considering the nature of our social mosaic that we live in. We wish to state that the proposed revisions here are within the frame work of sharia as interpreted by several ulamas and Islamic scholars in Sri Lanka and abroad. Sharia has continuously been a subject to various interpretations by different madhabs in the past and various Islamic scholars in the contemporary world as appropriate to their socio-historical context.

The Kandy Forum proposes changes in the following areas of the MMDA, namely (1) minimum age for marriage, (2) consent of the bride, (3) polygamy, (4) mahar and dowry, (5) divorce, (6) maintenance and (7) exclusion of women as administrative officers of MMDA. We think that these changes are vital to enhance the social status of Muslim women in particular and the development of Muslim community in general

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