BY Apsara Rodrigo and Sahan Tennakoon Courtesy The Morning

Muslim customary law reform activists condemned the National People’s Power (NPP) Government’s stance that there is no immediate necessity to amend the Muslim Marriage and Divorce Act (MMDA) and also that any such amendment would be done only upon prior consultation with the relevant religious leaders. The activists claimed that the NPP is well aware of the harmful effects of the Act.

The NPP’s coalition members are aware of the discrimination and harm under the MMDA,” human rights activist and attorney who was also a Member of the Advisory Committee Appointed to Propose Reforms on Muslim Personal Laws in Sri Lanka Chaired by attorney Shabry Haleemdeen, Ermiza Tegal told The Daily Morning yesterday (6). 

As such, there can be no reason why a clear commitment cannot be made to necessary MMDA reforms with the purpose of ensuring safety, non-discrimination and which are beneficial to the Muslim community.”

These comments follow the weekly Cabinet media briefing held yesterday (6) where Cabinet Spokesperson and Public Security Minister Vijitha Herath addressed growing discussions concerning potential amendments to the MMDA, No. 13 of 1951. He acknowledged that a number of groups had raised concerns about the Act, highlighting the Government’s commitment to respecting these viewpoints. 

Herath further explained the Government’s approach to amending religious laws, noting that any revisions to legislation governing religious practices would be conducted with the guidance of the relevant religious authorities. 

If amendments are required for religious Acts, they will be made after discussions with the religious leaders of the respective institutions. Changes to any religious Act will only be implemented following the recommendations of leaders within that religious community,” Herath said. 

Many parties have raised issues related to the MMDA, and we respect their right to express these concerns. The Government has not taken any decision to amend the MMDA and has not found a need to make such a decision yet,” he went on to say.

While it is appreciated that any legislative reform can only take place after the Parliament is elected, it is imperative that political parties are clear about their priorities and promises,” Tegal said in response to Herath, stating that the Government has found no need to take a decision with regard to the MMDA.

Several provisions in the MMDA have been criticised as being discriminatory to women such as the male guardian signing their marriage certificate instead of the woman, and the prohibition of women becoming Quazi Judges, amongst others.