21 November, 2018

Blog

ACJU – An Orchestra Of Frogs In The Well

By Ameer M Faaiz –

Ameer M. Faaiz

Does the axiom have it that the more you change, the more you remain the same? With a slight twist, what may be said of All Ceylon Jammiyathul Ulama (ACJU) is that the more you TRY to change, the more you are dragged to same. In an uncharacteristic move the representatives of ACJU in Justice Saleem Marsoof’s committee that was appointed in 2009 to make recommendations to reform the Muslim Marriage and Divorce Act (MMDA) have given their response in writing to the said committee’s draft proposals. This 37-page response[1] defies logic and common sense in virtually denouncing all proposed reforms and leading possibly to a deadlock within the committee. This is also bound to cause division within the community.

Islam has no concept of clergy. Yet religious scholars “Ulema”, barring a few honourable exceptions, often have arrogated to themselves disproportionate and illegitimate authority. In Sri Lanka, ACJU is no exception. However, history also records that truly learned Islamic scholars have been in the forefront of creative interpretation, within the four corners of Islam, needed for a coexistence society.

In an earlier piece I have drawn attention to the fact that there is no objective manner or mechanism to measure the quality and competence of members of this men only club in Sri Lanka. While remaining unaccountable, this body demands an unquestioning, unreasoning, community of followers – which is antithetic to Islamic principles. Islam indeed promotes reasoning and questions virtues to be a conscious and intelligent segment in the society. The rich Islamic Jurisprudence has been a source from which many current rights regimes have evolved. Unquestionably, Shariah is dynamic and not static.

President of ACJU for the last 17 years Mr. M.I.M. Rizwe was quoted in the media a few months back as saying that there need not be any amendment to the MMDA and the law in its present form is perfect. This was after having acknowledged on several occasions the need for reform, as a member of the committee that was established in 2009 to make reform recommendations to the existing MMDA. In the midst of outright condemnation he retracted his statement on 3rd April 2017. He remarked then unfortunately, the statement made by the President of the ACJU that ‘’the MMDA in its present form is perfect, has been subjected to misinterpretation”.

The head of ACJU and his ilk defend themselves against criticism by mouthing “Islam is a religion of equality”, and that “Islam is a religion of justice”[2]. I have no doubt that it is. Its jurisprudence, in particular, opened the eyes of the world to equality and justice. But what is interesting is that while ACJU maintains this stance, its members do not seem to demonstrate the sincerity of this statement by personal conduct. If they really mean what they say, they should have no qualms to accept that human rights, equality, and social justice in Islam and Sharia principles, which they interpret and advocate for, can never be second to any internationally recognized human rights covenants. If so, there is no reason why the ACJU should not be acknowledging and accommodating internationally accepted rights.

Their personal conducts seem unbecoming of it, though. They had had the benefit of having gone through the draft of a report circulated amongst the members of the said reform committee, which was the culmination of a process in which they remained engaged. The leaders of ACJU nevertheless chose to breach the confidentiality, by taking on a sneaky campaign to lobby Muslim Parliamentarians and Muslim political parties against proposed recommendations therein.

I was present at one such meeting where the said lobbyists conceded that some amendments were needed to the existing law. Further to a query as to whether they shouldn’t explain to the public that MMDA is a law enacted by Sri Lankan Parliament to which amendments are being sought and not to tamper with Sharia-law as being misinformed by some anarchists, they remained quiet. They have not done that to date. Ironically as it may seem, they agreed that if the government were to bring about far reaching amendments, they would comply, as it would be the law of the land.

Despite reiterating that the ‘reforms were on’ as far back as October 2016 onwards, Justice Saleem Marsoof’s report is still eagerly awaited. Whilst empathising with Justice Marsoof’s prolonged persuasions at the elusive unanimity within his committee he should do well to realise that this delay in releasing his report has unfortunately played into the hands of those elements wanting to sidestep any reform efforts.

Now it is all the more apparent that the leaders of AJCU have formulated their response in writing to committee’s draft proposal that presumably has been circulated amongst the members for their perusal, assent or dissent in a dignified manner within the committee. The response provided, however, has offered some self seeking interpretations of Shariah rejecting virtually all the forward looking amendment proposals. This response in fact is going back on their own agreements reached at earlier deliberations[3] in respect of some proposed amendments.

Islam as understood and adhered to by the preponderant majority of the Muslims world over is a religion of peace. Islam promotes reasoning and critical review. Shariah is dynamic and not at all static. As written earlier, introduction of Islam elevated the status of women, gave equal rights and protection to women, at a time women had no rights whatsoever, female infants were buried alive and unlimited polygamous relationships were the norm. Any attempt to roll back a progressive jurisprudence or hold it static nearly 1450 years after the advent of Islam, purportedly under the guise of Shariah is a disservice to Islam which has to be stopped forthwith.

Many well-researched articles[4] that have appeared in the recent past have established beyond doubt and with substantial support drawn from Quran that women and children are entitled to equal protection and equal rights.

I, for one, hold the firm view that the response from ACJU signifies a blatant betrayal of the collective conscience and dignity of the Muslim community. It is my humble position that some of these ‘Ulamas’ of questionable competence do hardly deserve public respect let alone a role in the administration of justice.

The Muslim community must not be aloof beyond this. It needs to brace itself to debate, reason and critique. We should reject by all means this absurd, abusive, isolationist identity manifestation agenda. Our approach needs to be one that is just, intellectually challenging, tolerant, accommodative of diversity and promotes pluralism and coexistence.

If the Justice Marsoof committee and the erudite men and women therein do not bring out their report recommending progressive reforms the state must seriously step in and consider immediate;

  1. introduction of a uniform format of marriage registration and divorce registration,
  2. mandatory requirement of registration of all marriages and divorces,
  3. removing the bar that proscribes Muslims registering their marriages under the General Marriages Ordinance,
  4. Abolition of Quazi courts system and mandating civil courts to administer justice in terms of possibly reformed MMDA.

I had hitherto restrained myself from calling for the abolition of the Quazi courts despite having felt the need for it simply based on principal concerns of cost to litigants and possible delay. However, when one realises the justification offered in the ACJU response, it would appear that Quazi system is fixed on systematically stymieing any progress of the community in a pluralist country, including subjugation of women in order to sustain and wield their arbitrary power and influence.

Further abolition of the Quazi court system is not an end in itself nor is it going cause any harm to the Muslim community. We have witnessed fair administration of justice in matters of succession, custody of children, all civil transactions barring those related to marriage and divorce, financial transactions and disputes, criminal jurisdiction, etc all of which are administered through our normal courts and in some areas applying Muslim specific statutes and principles. This will also immediately restore certain degree of dignity and respect of the litigants and spaces where justice is administered but also provide much more decorum and safer and neutral space for Muslim women seeking justice.

It is also pertinent to draw the attention that in the recent past the Muslim political leaders, perhaps in order to cover their own lapses, have involved the Ulemas in public affairs, although the latter in most cases only had zero competence. The politicians must desist from doing this forthwith. If not it would amount to politicians unwittingly promoting a theocracy. The Civil society must open its eyes and start playing an active role including creating awareness of the dangers that lie ahead if this unelected, non accountable, men only club is left unchecked and unchallenged.

They should be stopped in their stride right now and without further delay. If not they are sure to drag the community down the precipice where intra community anarchy and abuse would be the norm and reasoning and critiquing would surely be shut and looked down.

Their using phrases as such ‘sin’, ‘sinning’ intermittently in a clear attempt to drive fear into the minds of those members of the committee standing by their conscience in support of reform, is well designed to achieve what it intends to. Their objective, perhaps, is to prevent members, particularly those who have fought regularly to safeguard the rights of many citizens in courts of law and continue to do so, from serving on the committee that was to undertake an onerous task of recommending realistic and responsible reform.

Muslim community would do well to learn from the experiences of others closer home. The recent media reports attributing various stances of Mahanayakes and Sangha in matters of politics and constitution making is anything to go by should strengthen the cry for a secular country. Similarly in the early days the majority from the Tamil community, civil society included looked the other side when the LTTE muted any dissent and alternative dialogue or narrative only to pay for that folly much later.

This segment of the Ulama can not be allowed to equate them selves to a kind of ‘Muslim Sangha’ and/or ‘Muslim Mahanayakes’. Such an attempt, if there was one, should be rejected outright. All Muslim Parliamentarians have subscribed to the call for Sri Lanka to be a secular country. Therefore they can’t be contributing and or fanning pseudo theocracy within the Muslim community.

The leaders of ACJU have already demonstrated by their conduct in relation to at least two issues that they would do anything, including totally un-Islamic deeds in order to preserve their self-importance and self-sustenance. One, the said president of ACJU Rizwe together with another important member of his ilk went over to the UNHRC in 2012 and uttered blatant lies to the effect that everything, including rule of law, human rights, rights of minorities, democracy were all fine and hunky dory and made bilateral representations too to that effect as reported in the media at that time. Two, when the BBS raked up tensions over the ‘Halal labelling’ issue in relation to products that were being marketed in Sri Lanka, the Parliament appointed a Cabinet sub committee to deliberate and address that issue. Whilst deliberations were on in the said Cabinet Sub Committee to resolve the said matter, in a surprise and possibly a self serving move the representatives of the ACJU engaged in negotiations with the then Defence Secretary and others and agreed without any reference to the said cabinet sub committee or its members to withdraw the said ‘halal labelling’ to be displayed on the products that are marketed within Sri Lanka.

The ACJU must understand and accept that they have no legitimacy to dabble in matters that are of civic nature, governance and politics let alone laws that govern people and administration of justice. They should realize and adhere to the laws of the land including the constitution of the country. It is in that manner that they could help promote coexistence and unity amongst different communities, which is one of their objectives.

It must be noted that the claim for reform of MMDA dates as far back as 1956, long before equality provisions came into our constitution in 1972. We need to own up our lapses in not making progress to bring discriminatory provisions up to speed with our constitution if we are to claim that we are a law abiding, quintessential set of citizens contributing to the welfare and social advancement of the country in which we live. Nobody should be allowed to scuttle or undermine this national responsibility.


[1] https://www.colombotelegraph.com/index.php/mmda-reforms-ulema-insists-women-must-play-second-fiddle/

[2] http://acju.lk/en/news/acju-news/item/1108-acju-and-the-mmda-a-statement-of-clarification

[3] Minister Rauff Hakeem’s speech at a public function in kalmunai on 14th November 2016 as reported in Virakesari of   15th November 2016.

[4] https://www.colombotelegraph.com/index.php/muslim-law-the-need-for-reform/

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Latest comments

  • 10
    0

    In order to strengthen their respective holds over the community, the Muslim Political Parties (MPP) have an acute craving to be perceived as the ‘sole political representatives’ of the community, while the ACJU aspires intensely to acquire the status of ‘priesthood’ for it’s scholars. The MPP and the ACJU therefore share the same primary goal of enhancing, in the first instance, the ‘Muslim-consciousness’ of the members of the Muslim community, which has resulted in the development of a strong symbiotic relationship between the two groups.

    In the process, to their utter shame, the hapless members of the Muslim community are compelled to witness the behaviour of these persons change from reflecting pious cries of “Allahu Akbar, Allahu Akbar” (“God is Great, God is Great”) to that of “Money hu Akbar, Money hu Akbar” (“Money is Great, Money is Great”).

    • 1
      0

      Ameer M. Faaiz.

      RE: ACJU – An Orchestra Of Frogs In The Well

      The members of the orchestra are recruited exclusively from:

      1, Wahhabies
      2. Salafies,
      3. the so-called Tauhid-Wahhabies,
      4.ISIS
      5. ISIL
      6.Taliban
      7. Boko Haram
      and others, who follow the Theology of Wahhabies and their clones, as per the Hadith of Najd, and they all will end up in Hell-Fire, along with Satan, evil, Shaytan, Iblis as per the Hadith of Najd, Shih Bukhari.

      Prophet Mohamed (PBUH) was prescient, 1,400 years ago, having or showing knowledge of events before they take place.,”a prescient warning”
      Prophet Mohamed (PBUH) was prophetic, predictive, visionary; psychic, clairvoyant; farsighted, prognostic, divinatory; insightful, intuitive, perceptive, and percipient about the Wahhabies and their clones who follow the Devil, Satan, Theology.

      Hadith of Najd

      https://en.wikipedia.org/wiki/Hadith_of_Najd

      “O Allaah bestow your blessings on our Shaam. O Allaah bestow your blessings on our Yemen.” The people said, “O Messenger of Allaah, and our Najd.” I think the third time the Prophet, sallallaahu alayhi wa sallam, said, “There (in Najd) will occur earthquakes, trials and tribulations, and from there appears the Horn of Satan.”

      Al Azhar Scholar: ‘Wahhabism/Salafism is a Satanic Faith, the Horns of Satan’

      https://www.youtube.com/watch?v=9ZOA3Ho9AUk

      Want more data beyond that? Wahhabi Abdul Wahhab came from Najd, that is where Riyadh is located.

      • 1
        0

        Ameer M. Faaiz.,

        Who is really behind ACJU?

        Who Is REALLY Behind ISIS?

        Wahhabi-Salafi Saudi Arabia. that follows the Satan, who loves death and destruction, per Hadth of Najd, along with the Great Satan and minor Satans.

        https://www.youtube.com/watch?v=8LSIwvE0Nvo

        As bombs start dropping in Syria and Iraq, the world is once again being asked to cower in fear of a shadowy terror group that most people hadn’t heard of just a few months ago. But even the most cursory examination of ISIS’s past, its connections, and the actors populating it reveal a very different story than the one we are being asked to believe in. Fake terrorists. Foreign backers. False flags. Meet the new boogeyman, same as the old boogeyman.

      • 0
        0

        There the nutty Webpage graduate with his usual Wahabism, Salafism, Hadithof Najd etc etc or DNA connection etc etc. Just because no money charged for you to post all your bullshit don’t write like a maniac. I think when in your final days when you gasp for breath what will come out will be Wahabi, Wahabi…… or Salafi, Salafi…… or Hadith of Najd, Hadith of Najd…… or DNA, DNA……….. I really feel sorry for you..

  • 1
    9

    i dont accept your argument as you seem to advocate western law as sharia, and your last sentence shows you as a aithist with a muslim name.

    • 1
      7

      You are right he is like Ameer Ali who is also a criticiser of the Islamic laws knowing nothing of Islam [Edited out]

    • 1
      6

      I see it the same way too.

      ACJU deserves due respect for their leadership role they played, to chide the entire Muslim community towards calm and civility, when they were under severe duress after the Aluthgama/Dharga Town fiasco. The senseless killing, maiming and arson attacks on Muslim homes was enough to start another blood bath. I will never forget how the head of ACJU (Rizwi Mufthi) handled the fall with astute leadership by promoting patience, prayer and fasting, and ultimately safeguarding our community from facing a major crisis. In my view, he will never do anything to harm us, the Muslim community. Instead will always do what is right by Allah and His Rasool. He is an Islamic scholar (Mufthi) in his own right, and he knows what he is doing. You can always find, when everything is going right, there is bound to be opposition and jealousy, and what this writer is amplifying is exactly them symptoms.

    • 1
      0

      jehan ,

      “i dont accept your argument as you seem to advocate western law as sharia, and your last sentence shows you as a aithist with a muslim name.”

      What is your IQ? Well below 79? Just curious!

      https://www.youtube.com/watch?v=2UDy_apXW3E

      Scholar from al-Azhar: Wahhabism is a Satanic Faith, the Horn of the Devil that Muhammad Predicted

      https://www.youtube.com/watch?v=AmBOeAY2rlY

      Why did Saudi Family Change the Name? By Sheikh Imran Hosein

      • 0
        0

        There the nutty Webpage graduate with his usual Wahabism, Salafism, Hadithof Najd etc etc or DNA connection etc etc. Just because no money charged for you to post all your bullshit don’t write like a maniac. I think when in your final days when you gasp for breath what will come out will be Wahabi, Wahabi…… or Salafi, Salafi…… or Hadith of Najd, Hadith of Najd…… or DNA, DNA……….. I really feel sorry for you.. Or I forgot about you saying IQ, IQ…….

  • 1
    5

    Mr.Ameer just because you hold a arabic name you cannot be a muslim as muslim is a person who submit himself to almighty Allah and loves his messenger and his sayings.Also he will respect the Ulemas they are the descendants of our beloved prophet (Pbuh). You seems to be agent of the western countries knowing nothong of Islam just bearing arabic name! For God sake Keep away from this subjecy.
    May Allah guide you and your family the right path (i’e Hidayath) before your demise.

    • 1
      0

      Riza,

      “Mr.Ameer just because you hold a arabic name you cannot be a muslim as muslim is a person who submit himself to almighty Allah and loves his messenger and his sayings.”

      You mean:

      Hadith of Najd

      https://en.wikipedia.org/wiki/Hadith_of_Najd

      “O Allaah bestow your blessings on our Shaam. O Allaah bestow your blessings on our Yemen.” The people said, “O Messenger of Allaah, and our Najd.” I think the third time the Prophet, sallallaahu alayhi wa sallam, said, “There (in Najd) will occur earthquakes, trials and tribulations, and from there appears the Horn of Satan.”

      Al Azhar Scholar: ‘Wahhabism/Salafism is a Satanic Faith, the Horns of Satan’

      https://www.youtube.com/watch?v=9ZOA3Ho9AUk

      Want more data beyond that? Wahhabi Abdul Wahhab came from Najd, that is where Riyadh is located.

    • 5
      0

      Riza.

      Ameer has done a very scholarly and analytical write up, very appropriate for the time
      Yours is an emotional, un Islamic, primitive (pre Islamic) trolopp, very uninformed.
      The Ulemas are political creatures and you appear to be gullible to their “nonsense”; you ignorameous!
      Get real.
      At least try to educate yourself; you seem to be ignoring the right path. Ignorance is bliss for you.

      • 1
        5

        Reformers request is not on “kaikkuly” but women right. There is no place for changes in islamic laws for the so called westernized or modern ?muslim’s requirements. Human rights both men and women are well established in Islam but that doesn’t mean the Arab law. It’s upto you to follow Mr Ameer and it’s your choise.
        I think you will have to learn more on Islam and MMDA.
        “No Muslim has the right to criticise Ulema” They are the people guide us neither the politician nor writers like above

        • 3
          0

          When did the Ulema became infallible like the heads of other religion. Islam doesn’t have a clergy and these Ulemas have usurped power.

          • 1
            0

            Zaneera Farook,

            Ulema learned from the Catholic Church and the Popes, about infallibility.

            They have a direct line to Angel Gabriel.

        • 0
          0

          Reza.
          What Islamic law? Name a book on Sharia Law. It is a figment of your imagination.
          Ameer is a Misogynistic, preIslamic, unfortunate influence with an ulterior motive, who unfortunately in your mind is a Ulema who no Muslim has the right to critise; unfortunately guillible simple Simons ,individuals like you are prone to such thinking.
          Try to learn about critical thinking in Islam.

          • 0
            0

            Sarrij, there are Islamic law book by Wael B. Hallaq, N.J Coulsom etc and Islamic law books in the Harvard libraries and many universities including Al-Azhar university. If you cannot buy you can browse on line and read Islamic Law from hundreds of sources. What you are really looking for? Pages on Muslim women rights. You can find that too but not during pre-Islamic periods. The British copied from Islamic sources on women’s right and brought laws on women’s recently, may be 150-200 years back. From which tree you came down?

  • 1
    0

    Mr Faaiz!

    “Nobody should be allowed to scuttle or undermine this national responsibility”. Nailed to the right depth, nothing more to add, except one thing.

    Having a Musilm Sangha , or Muslim Mahanayake is not a harmful thing, in fact we need such a body, but that body should be fit for purpose. For instance Holy Qur-an clearly says one of the purposes of Sun, Stars and Moon, that is to calculate time of the day, find a directions of destinations and calculate the beginning and end of months respectively in those time when nothing else can be used for these .

    ACJU do not go out every time to measure the position of the Sun and tell the time. Instead they know it is wise to use the 24 hours clock, they don’t look up to the Stars to start a journey, but they use compass, if they nee one.. The compass is used in the terrain where we are not sure of the direction for prayer, still it is allowed to pray at any direction if we are not sure. Here prayer is important and not the direction at the time of the need..

    However the ACJU make people fools saying that the 1st moon seen in Rameswaram, Tamil Nadu, just 25 KM away from Mannar or Puttalam is not acceptable and for the Sri Lankans to declare the new month of the lunar calendar they have to see 1st Moon on their own. Why cannot we follow calendar printed with accurate details of lunar motion freely available all over the world?

    I make joke about ACJU’s Moon declaration with my friends, that goes like that If Sri Lanka is divided into two from Vavuniya to Jaffna as Tamil Ealam and south to Vavuniya to Matara as Sri Lankan territory and if next year’s 1st Moon of Ramzan is seen only in Killinochchi. The ACJU will declare that until the moon is seen from any part of South to Vavuniya to south to Matara is not acceptable because Tamil Ealam is not part of Sri Lanka from 04. November 2017.

    Therefore, if there is a Muslim Shange the members must be real scholars who are able to reasoning things with the flow. The great Imaams and Muftizs had such quality, but unfortunately these self certified Ullemaas .

  • 2
    0

    Your argument make some sense. The problem is implementation. I think at least some muslims can adhere to that practice which would make other disgruntled muslims come slowly to your group.

  • 5
    0

    Takes a lot of courage to say all this. Kudos to you sir! Hope rest of the Muslim men wake up and rally around their sisters in taking this forward instead of hiding behind the robes of ulemas. Keep writing! Keep exposing! good times are ahead.

  • 3
    0

    In penning ~ “ACJU – An Orchestra Of Frogs In The Well”, Ameer M Faaiz has shown considerable courage.
    ACJU has got a grip on Lankan Muslims like no other. ACJU controls what Lankan MPs say.
    Some of the Sharia laws re out dated. For example just across the Strait the Vice-President of India Mohammad Hamid Ansari and his wife Salma have publicly said the infamous “Triple Talaq” has no religious basis. Have the Muslim MPs said anything at all?
    President of ACJU for the last 17 years Mr. M.I.M. Rizwe maintains that it is in order to take brides just six years old. The silence of Lankan MPs is deafening.
    The conductor of the “Frog in well orchestra” must be changed.

  • 4
    1

    Thank you, sir, for a lucid description of this whole sorry mess in a country that is awash in religious fundamentalism in the name of the main faiths/belief systems of the most destructive kind. Until and unless Sri Lanka turns away from a system introduced by J. R. Jayewardene, it seems, we are doomed to wallow in the current pit of violence of every kind generated by those who are treated as religious leaders by a government that displays a monumental lack of principle, morality or ethics in its conduct.

  • 3
    0

    I agree with Emil van der Poorten on this. The essay is well focused. It did not try curse or condemn the ACJU, but have politely placed its request to everybody concerned including the Justice minister. Problem faced here is by very small minority – i.e Muslim Women and children. With that limited number, getting needed political support to address the problem, in a politically corrupt land like Lankawe, is very difficult. Further, because it is entangled with religion, the average activists are going to back off saying “it is their religion, their faith- we cannot be in that.” There was Muslim minister in the justice department. As he was an opportunistic, he did not attend to this problem. Now there is a woman in that ministry. The essay has politely asked her to get involved into this. We have to wait and see if this will be any of her interest or the politics will as usual. If had she come from the average family of Lankawe, she will be readily know the women’s plights in Lankawe. She would have the number of the women who are taking slave jobs in local and foreign lands because of the circumstances of the family. In the North East there are 90,000 widows. For the first time Lankawe has a condition for political parties to assimilate minimum number of women in their activities. Just two – three months have passed Justice minister taking her job. But if she want to establish a different record, she needs to take action on these matters. If Muslim minister did want to solve, if a woman minister didn’t want to solve, then it will be a hard bet to have the Muslim women’s’ problems solved.

  • 4
    0

    Riza and Marvan!

    What sort of yardstick you both used to measure the “Muslimness” of Mr. Faaiz? Have you both ever read the MMaDA? There is a provision in that Act known as “kaikkuly”(dowry), this dowry is not that shameless man demands from his future wife(, whereas Islam makes it compulsory for the man to pay his future wife), but this “Kaikkuly” is given by the girl’s party to the parents of the man? Is it Islamic? in my view it is a double “Haraam”. Arabs view that taking from women is not only a shame but a sin.

    Riza and Marvan! do you want still to say that it is from Allah and it is a divine law? What women ask and we support is a necessary amendments to streamline the Act.

    Riza and Marvan! please explain to the readers why the ACJU does not encourage young Muslim men to marry older women and widows who have now way of having married life. Our Prophet Muhammad’s, when he was 25, first marriage to a 40 years widow is very good example to follow. And can you please tell us why the ACJU does not discourage men not to marry if they are not financially capable of looking after his wife. Can you also please tell us why ACJU does not discourage men going for 2nd or 3rd or even 4th marriage whilst he is not able to look after his first wife and their children.

    Do you still think Allah will tolerate injustice in the name of religion? After all the word “Khfir” in the Holy Qur-an attributes to persons who deny social justice and knowingly do injustice or encourage injustice.

    Now you decide whether Mr. Faaiz or somebody else fit well to the Quranic message. .

    • 0
      0

      Ahmad Nadvi, in MMDA there is no provision called “Kaikkuly” but there is a provision called “Mahr” (dowry) that is a mandatory payment, in the form of money or possessions paid or promised to pay by the groom, or by groom’s father, to the bride at the time of marriage, that legally becomes her property (as security). If he is marrying for the second time not only he has to give this to the second wife too but also get the permission from the first wife to marry. In Sri Lanka girl’s party do not give dowry but during the registration it is man who give this dowry to girl usually her parents. Normally they give or promise a small amount as dowry since this is compulsory but the other way like a minister deals with a supplier the men usually take big dowries (following the Hindu and Buddhist culture). It is good to give your opinion but make sure you give the correct information.

  • 1
    0

    Ameer ..
    Thank you very much for your thought provoking writing .
    There is no doubt that the old style Qadi court should be revised and renewed ..A new system of Qadi court should established with female contributions..
    Why female are neglected and what is the problem in taking them on board?
    Islamic teachings are flexible on this issues

  • 3
    0

    Dear Mr. Ameer M Faiz,

    I do not want to get involved in the arguments on that all followers of Islam should submit to the will of Allah. However I am in full agreement with you on your recommendations:

    “………If the Justice Marsoof Committee and the erudite men and women therein do not bring out their report recommending progressive reforms the state must seriously step in and consider immediate;

    1. introduction of a uniform format of marriage registration and divorce registration,
    2. mandatory requirement of registration of all marriages and divorces,
    3. removing the bar that proscribes Muslims registering their marriages under the
    General Marriages Ordinance,
    4. Abolition of Quazi courts system and mandating civil courts to administer justice
    in terms of possibly reformed MMDA……”

    Justice Marsoof Committee will never be able to submit the report and YP government will not implement your recommendations even after 2020 because no one would dare to come forward to annul the marriage of temporary convenience.

  • 2
    0

    A very well written article touching upon every issue faced. Very much admire the guts of the writer. More like you should join hands to uplift the status of women.
    Totally agree Quazi court system should be abolished. Most of the Quazi don’t last for over a year cos they themselves are corrupt. There are quazis who although learned still make a blunder in their decision as no proper procedure is followed.
    When the Quasi sends notice it is not honoured by the party concerned as he is fully well aware the powers are limited.
    Even when the quazi gives a maintenance order and if its not honored the woman makes a complain to the Quasi; his response is i can’t do anything beyond this. He will say go to courts.
    A woman who has no means to fend for her kids how can she go to courts.
    ACJU has a bigger responsibility than acting as Pandamayas. What have they done to address the weaknesses in the quazi system.
    Highlighting weakness is manipulated as lack of respect. Every individual should act blind while women who has no extended support suffer in shed tears in silence in worse case scenario the unbearable poverty can put them on wrong track.

  • 2
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    Why can’t Sinhala leaders abolish this MMDA and bring everyone equally under 1 law in 1 country?
    And that is going to do only good to the community and to the country. I am sure only a handful of Muslims like Rizvi Mufthi would be against, while the majority would welcome the move. Or, I don’t know if there is any reason not to do so.

    For me, it is only a historical mistake and funny one too, to have one community’s marriage and divorce only law is governed by a “special MMDA” while everything else is governed by country’s common law.

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    How, come ACJU president is still the President and get elected for the 3rd time in a row? This ACJU is a monopoly of one Ideology and this should not be the case. The ACJU bigwings do not allow other educated Ullemas likes of Naleemis to get elected or to have membership.

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      ACJU = The union of scholars (with a power to legislate) seriously needs to reform itself with the first step grabbing power from the wrong hands and giving it to the right hands before it can be considered serious enough to bring in changes to the community or MMDA.

      Whether ACJU or Taweed or Masjid Federation or anything that stands an obstacle to reforming MMDA, can’t still be above SL Government that has the responsibility of ensuring no-women are discriminated under whatever the reasons these groups come up with.

      Why can’t SL Govt abolish this MMDA, instead of giving it to pressures?

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      Shabir Zainudeen,

      How, come ACJU president is still the President and get elected for the 3rd time in a row?”

      Because he has unsymmetrical balls, I suspect.

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    Man made law cannot supercede divine law. There are certain parameters where man made law should halt.
    In today’s world all the things are made legitimate gradually up to homosexual.
    Muslims who are illiterate in Quranic and Prophetic parameters and enriched with secularism put more force of conscience and logic as I see.

    There is a limit you can be logical. But there are boundaries which logic loses the level.
    To be a believer all the phrases of Revelation has to be accepted. To be a non-believer its enough to reject a part of single verse.
    As Prophet peace be upon him said there are clear Halals and Clear Harams and doubts.
    You can use your logic and conscience is permissible only for unclear doubtful matters only.
    So ruling against a clear Devine rule is a major sin.
    No issue it is free world. Each person is responsible only for his own acts.
    Scholars may show and guide. If someone wanted to to his hand it is between him and his creator. It will be dealt with on the day of judgement.
    Try count contradictions in the article and comments.

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      Rumi.
      Sweeping statements are very characteristic among the SL Muslims; unable to involve in critical thinking which should encouraged in Islam. Old “pagan customs” and influences of 1400 years old, propagated by misogenystic “ACJU Clan” are politically powerful and potentially very influential.
      Time has come for women to play their rightful; and well earned role
      Give them a significant voice. Make them proud.
      Sri Lanka in then past has had female PM’s and Presidents and now a Justice Minister..
      Time is rife for significant change.

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