As the all-male body of Islamic clerics, the All Ceylon Jamiyyathul Ulama (ACJU), stalled the reforms of the Muslim Marriage and Divorce Act (MMDA) yet again last week, a collective of Muslim women’s groups demanded the recommendations agreed on July 11, by Muslim members of parliament should not be diluted in any form. The recommendations constitute the most basic and urgent reforms required to the MMDA.
At a media conference last Friday, July 26, the collective called for the Muslim MPs to build on the recommendations and to consider comprehensive reform as a real and sustainable solution to the issues relating to marriage within the community.
The MMDA came into the limelight after April 21, with certain extremist factions of the country demanding the abolition of legislation pertaining to religious or racial communities and the establishment of a single common law for all citizens as punishment to the Muslim community. Though Muslim women have been agitating for reforms to the MMDA for over 30 years, since 1975 no amendments were made to this archaic law with successive governments lacking the political will to do so.
Now that the MMDA had captured the attention of the legislature, “It is a critical moment for MMDA reforms. Those responsible should act now. It is not a time for sensationalism while many women and girls are subjected to discrimination. We must ensure the urgency of the reforms,” accentuated the women’s groups.
What are these amendments about, questioned veteran educationist and social activist Jezima Ismail. “It is about Quaranic justice. The human values of Quaranic justice embedded in Sharia, the values of honesty, kindness, compassion, equity and understanding.
These are the most important things we are looking at. We are asking for Quaranic justice and Sharia within the judicial system of Sri Lanka because we are Sri Lankan,” she stressed. The reason for amendments is the discrimination against women, the suffering and the oppression they have to go through the MMDA currently in effect.
Ismail clarified that the agitation for MMDA reforms is not a recent phenomenon. She had been involved in the struggle since 1986. It had been the suffering of the students and their families which had prompted her to get involved.“Women used to come to me for informal counseling, in despair, distress, oppressed and discriminated because of the prevailing system of the Marriage and Divorce Act,” said Ismail.
Refuting the misconception that the reforms are sought only by “elitist, urban women of Colombo”, she said that women at different levels and from Muslim communities throughout the country are actively involved in the reform process. Her experience at the Muslim Women’s Research and Action Forum (RAF) showed that women, even in the furthest villages were waiting for reforms of this law. Another misconception she countered was that it was only women who agitate for reforms.There are many Muslim men who support and work together, to bring in amendments to the prevailing law she stressed.
When RAF formed the Independent Committtee of the Reform of the Muslim Personal Law and issued a report on the subject, Al Haj Jaffar, then chairman of the Quazi court and Justice Salim Marsoof were two key signatories to the report; with many others, men at field level, intellectuals and more supporting the effort she noted. “They were completely with us as they were looking at it as a human problem,” said Ismail. Stressing that there were requests from the Muslim community in the country for amendments to the MMDA for a very long time, Former Minister Ferial Ashraff said that there is another misconception that Muslim women are trying to change the law given by Allah.
However,“the amendments we request are not about the word of God.We have no need to do that because we believe that Allah is extremely compassionate and kind.What we request amending is the man-made laws, if they adversely affect men and women.”
Though a law which is meant to be based on love, compassion, dignity, fairness and justice - the Islamic values, the current law and Quazi court system goes against the teachings of Islam causing discrimination and injustice. “Any law in the name of Islam has to uphold our rights to equality and justice as citizens of Sri Lanka,” she explained.
Human Rights Lawyer and member of the Muslim Personal Law Reform Action Group (MPLRAG) lobbying for amendments Ermiza Tegal, stressed that women calling for MMDA reforms, represent diverse sects, ethnicities and backgrounds. “We are often asked why women are trying to talk about this law. It is a religious law. Women shouldn’t be talking about it.”
The purpose of law is to better the lives of individuals and communities, religion does the same.“What we have had is a situation where the MMDA does not benefit but discriminates, leading to intimidation, violence against Muslim women and girls in particular and reflecting not so well on the community,” she said. “We do not have the freedom to think, to choose and to govern our lives,” said Tigel. “What we are asking for is for those who are taking decisions to look at the lives of women, understand issues they face and then decide on what the law should be.
What women are asking in terms of amendments are in compliance with the principles and values of Islam, compassion, kindness and to be treated as equal citizens,”she said.
Head of the Muslim Women’s Development Trust of Puttlam, Juwariya Mohideen said that her organisation, working on a daily basis with women affected by the issues of child marriage, unfair divorce procedures, polygamy, lack of registration and discriminatory practices of the Quazi court system, gets five to ten complaints from women in the area each day. “Yesterday, there were 12 cases,” she said elaborating that the discrimination and harassment of Muslim women under the MMDA and the current Quazi court system is widespread.
Aneesa Firthous from Kattankudy expressed the view that the existing MMDA is not Islamic at all - because there is no justice or fairness for Muslim women and girls.
Her organisation also assists women headed families, single women and divorcees and helps them go to Quazi courts on a daily basis. “We are very familiar with the experiences of women and know the issues with the MMDA intimately,” she said. Firthous especially questioned the impact of the prevailing MMDA on Muslim girl children.“Shouldn’t we be uplifting our children? Shouldn’t they be able to enjoy the same rights and privileges as all other children in this country?” she asked. Under the current MMDA, even if a girl child is under 12 years of age, the marriage could be registered with the permission of the Quazi of the area.
“As a man-made law, amendments are compulsory where necessary,” said lawyer and member of the Salim Marsoof Committee, Safana Gul Begam. “It is a residue of an imported law from Batavia, Indonesia.Though amendments had been recommended by many committees “Unfortunately nothing has changed in the MMDA after 1975, due to unknown reasons,” she said.
The committee appointed in 2009 had handed over its recommendations to the Ministry of Justice in January 2018, “It is the sole responsibility of parliament to take steps to make the amendments to the law,” she said.
Though the elected representatives had agreed upon some decisions for amendments, as it is supposed to be, the current situation of multiple discussions with non-elected members and appointment of a Committee constituting four members to review the recommendations approved by the Muslim ministers and MPs is unacceptable and cannot be justified as the said non-elected member was also a member of the Salim Marsoof Committee for Reforms of the MMDA and a signatory of the said report.
“We urge the MPs to take immediate action to amend the law with the necessary recommendations complying with the constitution within the Islamic principles without any discrimination and having to appoint more committees to review their own decisions,” she said.
The media conference was convened by the Muslim Women’s Development Trust of Puttlam, Islamic Women’s Association for Research and Empowerment of Batticaloa, Women’s Action Network of North & East and Muslim Personal Law Reform Action Group (MPLRAG)