• Govt. to appoint multi-sectoral committee to review, reform MMDA

Despite multiple attempts by successive governments, reforms to Sri Lanka’s Muslim Marriage and Divorce Act (MMDA) remain in the early stages, with no clear timeline for implementation. Long-standing calls for amendments, spanning over five decades, have yet to materialise into concrete legislative action.

Nevertheless, in a renewed effort under President Anura Kumara Dissanayake, the Government plans to appoint a multi-sectoral committee comprising various stakeholders to review and reform the MMDA and other customary laws. However, officials acknowledge that the process is still in its infancy, raising concerns over further delays.

Decades of delays

Sri Lanka’s MMDA has long been a subject of controversy, with calls for reform spanning decades. While successive governments have debated changes, real progress has been slow. 

Nevertheless, recent developments have reignited discussions, particularly in light of recommendations by the Justice Saleem Marsoof Committee and repeated calls from the United Nations (UN) for reforms addressing gender inequality and human rights concerns.

The MMDA, enacted in 1951, governs marriage and divorce within Sri Lanka’s Muslim community, operating separately from the country’s General Marriage Ordinance. Rooted in Islamic law, it provides for the appointment of ‘quazi’ (Islamic judges) to adjudicate marital disputes. However, over the years, numerous concerns have emerged regarding its implementation, particularly regarding the rights of women and children.

Activists have consistently argued that the MMDA permits child marriage, allows discrimination against women in divorce and maintenance proceedings, and lacks uniformity in its application due to inconsistencies in ‘quazi’ court rulings. The lack of formal legal qualifications among ‘quazi’ judges has further complicated matters, leading to widespread calls for reform.

In 2009, the Government appointed a 17-member committee, chaired by Justice Saleem Marsoof, to examine the MMDA and recommend amendments. 

After nearly a decade of deliberation, the 2018 committee report recommended key reforms to Sri Lanka’s Muslim marriage laws, including setting the minimum marriageable age at 18, mandating bridal consent, appointing female ‘quazi’ judges, ensuring equal divorce rights for women, and improving safeguards against discrimination, among others. 

However, resistance from conservative religious groups, more particularly the All Ceylon Jamiyyathul Ulama (ACJU), who argued that reforms must align strictly with Islamic jurisprudence, has stalled implementation.

Sri Lanka has faced persistent pressure from international human rights bodies to reform the MMDA in compliance with gender equality principles. The UN Committee on the Elimination of Discrimination Against Women (CEDAW) has repeatedly criticised provisions within the MMDA that contravene global human rights standards. 

Key concerns include the lack of a uniform minimum marriage age, gender biases in divorce proceedings that limit women’s autonomy, and the exclusion of women from ‘quazi’ courts, which restricts their role in the administration of justice.

In its periodic reviews, the UN Human Rights Council (HRC) has urged Sri Lanka to amend the MMDA to eliminate discriminatory practices and ensure compliance with its obligations under international treaties such as CEDAW and the Convention on the Rights of the Child (CRC).

While recent years have seen renewed advocacy for MMDA reform, political will remains a crucial factor in determining the outcome. Reformists argue that amendments must reflect both Islamic principles and contemporary human rights standards, striking a balance that upholds the dignity and rights of all citizens. 

For instance, Muslim Members of Parliament (MPs) presented a proposal on 8 June 2023 to the Justice Minister opposing a 2021 advisory committee report, calling instead for the retention of many of the controversial clauses of the MMDA. This move was met with widespread resistance, criticism, and condemnation from academicians, professionals, and civil society leaders through a letter signed by over 160 persons on 4 August 2023.

The Muslim MPs’ proposal on MMDA reforms had been criticised for perpetuating gender inequality by refusing to address child marriage and the harmful effects of polygamy, invalidating women’s independent consent in marriage, excluding Muslim women from legal offices, denying equal divorce rights and financial entitlements, enforcing sectarian divisions, and maintaining the ‘quazi’ system under the control of political and religious elites without transparent appointment criteria.

However, this issue is not new. For over half a century, advocacy for reform has failed owing to the lack of commitment of Muslim parliamentarians. In 1970, a Muslim Law Research Committee (MLRC), comprising several Muslim lawyers and an ‘alim’ (a Muslim religious cleric), had handed recommendations for reform which were not implemented. A committee led by Dr. A.M.M. Sahabdeen was set up in 1990 to reform the law, but once again failed.

The MMDA, which governs Muslim personal law in Sri Lanka, has faced criticism for provisions related to the minimum age of marriage, the consent of brides, and the ‘quazi’ court system. Despite numerous committees and reports over the years, including the Justice Marsoof Committee report which was formulated over nine years of study in 2018, no significant reforms have been implemented.

In recent times, Ramanathan Archchuna, an independent MP, had criticised the issue of age of marriage in Parliament, prompting a reaction from multiple Muslim MPs, including M.L.A.M. Hizbullah and M. Nizam Kariapper, eventually leading to the casting of aspersions and calling of names.

In such a backdrop, when contacted by The Sunday Morning, Deputy Minister of National Integration Muneer Mulaffer acknowledged the shortcomings, stating: “There are aspects of the law that need to be changed. There are shortfalls and I do not think there is any disagreement on that.” 

He also highlighted the political challenges, noting: “Most political decisions are made based on whether a person can retain power in the future. The decision not to bring change is also caused by the fear that it may cost the politician their power.”

On the matter of the comments raised by Archchuna, he said: “Archchuna is working on a different agenda; I do not know what he is working towards and for whose agenda he is working, but the object definitely appears to be to reignite racism. The problem I see is that he wants to anger the Muslim community.”

Multi-sectoral committee

The Government has decided to appoint a multi-sectoral committee to address these issues.

Additionally, Deputy Minister of Women and Child Affairs Namal Sudarshana emphasised the need for inclusivity, stating: “This is not only a problem for women; we have to bring together the Justice Ministry and religious organisations. We will discuss this problem moving forward and bring in the necessary reforms without further delay.”

Meanwhile, Justice Minister Harshana Nanayakkara echoed this sentiment, adding that the committee’s focus would be to draft a law acceptable to all stakeholders. “The committee will consider all relevant issues, including the recommendations of the Justice Marsoof Committee report. However, this will be done through a consultative process as I do not make decisions unilaterally,” he said.

Reforming the MMDA has faced resistance from the Muslim community, particularly from organisations such as the ACJU. “The disapproval of the Justice Marsoof Committee report came from within the community itself. It was the ACJU [that disapproved], but we have heard that it too has now reached an agreement on the matter,” Mulaffer noted.

He also addressed concerns about child marriages, stating: “Since 2010, the census of Sri Lanka has stated that no child marriages have been reported in the country. However, I do agree that there is a problem. Many governments have come and discussed this topic but have never really produced the necessary change.”

While the MMDA is the primary focus, Sudarshana highlighted that other customary laws also required attention. “There is a 1939 law and a 1941 act that contain flaws, which our ministry is aware of. There are also matters relating to crimes and laws concerning children that must be addressed. We will have to look at all of these and bring the requisite changes. We will raise them all before the multi-sectoral committee,” he said.

Meanwhile, Nanayakkara confirmed that the committee would initially focus on the MMDA, but did not rule out addressing other customary laws through the multi-sectoral committee. “The focus is on the MMDA at the moment as that is what has been brought to our attention and is in draft form,” he said.

Despite the urgency expressed by officials, no specific timeline has been set for the committee’s work or the implementation of reforms. “I cannot provide a timeline. There are no set deadlines at this stage. When there is progress or a timeline, I will inform you,” Nanayakkara said.

However, Sudarshana expressed optimism, suggesting that solutions could be introduced within the next few months. “With our efforts progressing positively, we expect some results over the next few months. It is very likely that we will have the solutions before the end of the year,” he noted.

The Government’s decision to appoint a multi-sectoral committee marks a significant step towards addressing long-standing issues in Sri Lanka’s marriage laws. But the success of this initiative will depend on the committee’s ability to navigate sensitive cultural and religious concerns, while ensuring that reforms align with modern standards of justice and equality.

“We want to bring about these changes concerning the age of marriage and consent in a marriage. We will regularise the ‘quazi’ system as well and introduce an appropriate system in the future,” Mulaffer noted in conclusion.