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Family court to replace Quazi system?

29 Jun 2021

  • Muslim Law Reform Committee recommends

  • If no family court, administer MMDA under district court

  • Rights group welcomes plans with reservations

By Pamodi Waravita   Following a cabinet decision in March this year to abolish the Quazi court system, the Advisory Committee on Muslim Law Reforms has recognised a family court as the ideal alternative for dealing with all family-related legal matters. A press release by the said committee also noted that the Cabinet had decided on 8 March to abolish the Quazi system and to prohibit polygamous marriages of Muslim males. In the event these decisions are implemented, the committee has proposed that an accessible, sensitive, and people-centred family court be established. However, if the Quazi system is repealed and no family court is established, the committee has proposed that the Muslim Marriage and Divorce Act (MMDA) be administered through the district court. The first part of the report by the committee also proposes that the MMDA be administered as a system for Muslim marriages and divorces through adjudicators. The Cabinet had earlier decided that the minimum age of marriage should be 18, the consent and signature of the bride for the marriage should be obtained, and women are also eligible to be appointed as Quazis. Other proposals included the encouragement of premarital counselling, the recognition of prenuptial agreements, and the facilitation of marriage reconciliation. Although the Muslim Personal Law Reform Action Group (MPLRAG) has welcomed the news of the proposed reforms, it has also raised concerns over plans regarding the Quazi system and has requested for more information, including the publication of the report. The committee handed over its report to Minister of Justice Ali Sabry on 21 June. The controversial MMDA does not specify a minimum age of marriage while the minimum age of marriage under the general law was increased to 18 years in 1995. The Penal Code was also amended in 1995 to make sexual intercourse with a girl below the age of 16 a criminal offence under Section 363. However, as per Section 23 of the MMDA, the authorisation of a Quazi Judge is sufficient to give a girl below the age of 12 in marriage, and married Muslim girls between the ages of 12 and 16 are exempted from the aforementioned provision.

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