•  Award-winning writer and publisher Ameena Hussain speaks on changes she would like to see in the Muslim Marriage and Divorce Act

Since its implementation in 1951, the Muslim Marriage and Divorce Act (MMDA) has regulated Muslim marriage governance according to Islamic law in place of common law. The act has sparked much debate over the years and numerous women’s rights activists within the Muslim community have called for reform, and an end to child marriage. While the common Sri Lankan law does not allow marriage below the age of 18, the MMDA set a minimum marriage age of 12. Additionally, the law legalises the practice of polygamy without required consent from the wife – or wives, as the case may be. It also entails different conditions of divorce for men and women, with only husbands being granted the right to unilateral divorce without reason. Award-winning author and publisher Ameena Hussain has been researching and opining on the intricacies of the MMDA and its impact on the Muslim community. This week on Kaleidoscope she gives her views on some of the issues surrounding the MMDA. Following are excerpts:  Sri Lankan citizens in general are not too keyed in on the MMDA. What are the key issues surrounding the MMDA at this point?  Firstly, I have to say I’m not a lawyer or an activist for the MMDA, or its issues, but I have written on the subject before, and, as a member of the community, I have an opinion about what the MMDA consists of. The MMDA is Muslim personal law covering marriage, divorce, and inheritance. Currently, what is asked for is the age of marriage to be changed, divorce laws pertaining to women requesting a divorce to be changed, and the right for a woman to sign her own marriage certificate. In addition, there’s the issue of polygamy, and then, maintenance and inheritance. It covers all those aspects. Most of these laws are written by men for the benefit of men. At any time, has there been any female input into this?  Well, 99% of Muslims believe that Sharia Law is sacred and divinely revealed, which is the main reason for the reluctance to have any change. But what isn’t understood is that Muslim countries like Turkey, Indonesia, and Malaysia have all adjusted the law because as far as I know – and I stand to be corrected – only the Law of Inheritance is found in the Qur’an. The rest of the laws are from the sayings of the Prophet, called the Hadith. So yes, it’s mostly men who have interpreted those Hadith. Unfortunately though, these laws haven’t changed with time, but here’s one thing I do know – the religion of Islam has never set out to be an unfair religion. So it is built on that foundation of equality?  I would say it’s definite. The spirit of Islam is fundamentally based on equality. You will see that at places of prayer where king, servant, and slave stand shoulder to shoulder to pray, because before God, everyone is one and the same. So I can’t understand why there would be such a big difference in the treatment of women.   What are the reforms Muslim women in particular want?  There are reforms I would like to see, and I think many Muslim women would also like actioned. One is to increase the age of marriage to 18 like much of the world. Currently, it is 12. Another is for a woman to be able to sign her own marriage certificate, because right now, she is represented by a male guardian called a Wali, who signs the certificate for her. In fact, the bride doesn’t even have to be present at the signing. Muslim women also want to be able to initiate and obtain divorce as easily as a Muslim man. Maintenance is another issue. How does a woman get maintenance for her children and for herself? Currently, wives get maintenance in a different way, not in the way the rest of the world usually gets it done. Also, we must abolish polygamy. Here I may stand alone, but I would like to see polygamy abolished. However, I know there may be some Muslim women who don’t mind having polygamy, albeit with restrictions. If these changes are impossible to establish and implement because maybe the community, or some segments of the community don’t want the change, here is my suggestion: give Muslim men and women the option of marrying under Muslim Law or Civil Law.  The ‘One Country, One Law’ Task Force was set up to initiate proposals for one law for all Sri Lankans. This would mean abolishing all laws, including the MMDA. What implications would this have on the Muslim community in the wider sense?  While “One Country, One Law” sounds appealing, it’s a real pity that our civil law is bad as well. Sri Lanka’s civil law regarding marriage and divorce is horrible. So before we go in to change to the “One Country, One Law,” we would need to amend the civil laws containing divorce, especially divorce and maintenance. I personally feel that if civil laws are strengthened – and women don’t get a fair deal even in civil law at this point – then we can function. But in reality, if Muslim Law is applied properly, Muslim women are better off. This might be a surprising fact, because if we are able to give Muslim women the ability to divorce as easily as Muslim men, then they don’t have to go through all those hoops that you have to jump in civil law. Also, in Muslim law, there is a judge – a Quazi who takes on the role of a mediator, so you don’t spend lots of money hiring lawyers and going through two, three, or sometimes even 10 years trying to get a divorce in civil court. The Quazi has a lot of power and hence, the one other thing Muslim women want are female Quazis, because right now, all these Quazis are male.  For a religion and a faith that encourages gender equality, it doesn’t seem fair how these interpretations have come through?  I agree, but that is only in Sri Lanka, and I have to specifically say that, because Muslim personal laws in another country might be practiced in a better way. This struggle has been continuing for over 30 years and I think young people, as we have seen even in our political societies, have an opinion, and they are not afraid to vocalise it. Change will come, but when is another matter.  (Savithri Rodrigo is the host, director, and co-producer of weekly digital programme ‘Kaleidoscope with Savithri Rodrigo,’ which can be viewed on YouTube, Facebook, Instagram, and LinkedIn. She has over three decades of experience in print, electronic, and social media) …………………  (Click the QR code or visit the channel ‘Kaleidoscope with Savithri Rodrigo’ on YouTube for the full programme of 14 October 2022)