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Muslim marriages to be permitted under general law

20 Jul 2021

  • Cabinet approves Civil Procedure Code amendments
  • MMDA reformists welcome move, yet reiterate need to reform MMDA    
BY Pamodi Waravita The Cabinet of Ministers on Monday (19) approved necessary amendments to the Civil Procedure Code (CPC), No. 2 of 1889 as amended, to allow Muslims to marry under the Marriage Registration Ordinance, No. 19 of 1907 as amended. The Cabinet said this would provide alternative opportunities for Muslim women, stating that certain provisions of the Muslim Marriage and Divorce Act (MMDA), No. 41 of 1975 as amended, are widely regarded as being discriminatory towards women. The proposal was tabled by Justice Minister President’s Counsel (PC) M.U.M. Ali Sabry, following consideration of Article 12 of the Constitution, which states that “no citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth, or any one of such grounds”. Section 627 of Chapter XLII (Matrimonial Actions) of the CPC currently states that “nothing in this Chapter contained shall be taken to apply to any marriage between persons professing Islam”, unless specifically provided for in the MMDA. Speaking to The Morning, the Muslim Personal Law Reform Action Group (MPLRAG), a collective of Muslim women’s rights advocates, lawyers, researchers, and writers welcomed the move to allow Muslims the option of marrying under the general law. “It signals that the general law will no longer exclude Muslims. It brings the general law in line with the Constitution. The Justice Minister has indicated that this is due to the continued discrimination against females in the MMDA,” said the MPLRAG. However, the MPLRAG also said that it will continue to demand comprehensive reform of the MMDA, as “a majority of Sri Lankan Muslims are currently married under, and will want to marry under the MMDA in the future”. They further noted: “Muslim women have been demanding reforms to the MMDA for decades, and it is conservative groups and male Muslim leaders that have prevented reforms for so long. They have held this process hostage on multiple occasions. This has prolonged the discrimination and injustices faced by Muslim women. It is important that the MMDA reforms process forges forward with urgency in order to guarantee equality, dignity, and justice for Muslim women and families. Muslim women's groups will continue to demand comprehensive reforms of the MMDA.” Attempts to contact the All Ceylon Jamiyyathul Uluma (ACJU) regarding the matter proved futile. The Advisory Committee on Muslim Law Reforms to the Justice Ministry handed over its report to Sabry on 21 June. The Cabinet also proposed this year that the MMDA should be amended to increase the minimum age of marriage to 18 years of age for both male and female genders, that the consent and signature of the bride be obtained for the marriage to go ahead, that women also be eligible to be appointed as Quazis (Judges under the MMDA), to abolish the Quazi Courts system, and to prohibit polygamous marriages of Muslim males.


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