19 September, 2020

Blog

MMDA And Minister Ali Sabry

By Ameer Ali

Dr. Ameer Ali

Since the appointment of Ali Sabry as Minister of Justice by President Gotabaya Rajapaksa, Muslim Marriage and Divorce Act (MMDA) has once again come into public focus. It is now common knowledge, how, after ten years of labouring, when Justice Saleem Marsoof Committee (JSMC) delivered its report last year with a number of sensible and progressive reforms, they were sabotaged by a coalition of conservative forces, headed by the All Ceylon Jamiyyathul Ulama (ACJU) and supported by a bunch of power hungry and self-seeking Muslim politicians with a non-committal justice minister counting her days before the dissolution of parliament.  Muslim community, especially the women, is now expecting the new minister to act on JSMC’s reforms. Already, the minister has expressed his abhorrence towards underage marriages, and in common with the rest of the country the age of marriage would, in all probability, be set at eighteen. This may be the first salvo to test the real meaning and implication of the controversial one-country-one-law mantra. Without conceding to the demand of ultra-nationalists to abolish Muslim personal laws altogether, the minister’s task is to modernize MMDA and inaugurate a new era in Muslim marital affairs.

However, restricting the age of marriage is the least of the controversies surrounding MMDA. In this, the minister will have his way and the conservatives may have no choice but to accept that change. But the most difficult part of JSMC reforms on which the minister requires all support and encouragement is in relation towards empowerment of Muslim women. The consent of the female partner before marrying and the appointment of women as Qazis are two reforms that empower Muslim women and they are sure to earn the wrath of the conservatives. The minister should have the courage to stand against that opposition and should even take a step further and empower the woman judge at the Qazi court to have the final say in cases dealing with divorce, child custody and alimony.

In the name of sharia, misogyny rules in today’s Qazi courts. While MMDA stood still Muslim women marched forward and have reached new heights in modern Sri Lanka, thanks to C. W. W. Kannangara’s free education revolution and post-independent welfare state. Muslim women should also be thankful to Badiudin Mahmud, who as the Minster of Education undertook certain extraordinary measures to improve female education in his community. As a result, a significant ratio of Muslim women today has emerged into a community of income earners, participating in various professions, as educationists, technologists, scientists, writers, authors and poets. They have become the chief bread winners in their families. It is therefore a crime to treat them as less equal than their male counterparts especially when it comes to matrimony. By misquoting and misinterpreting the Holy Scriptures and with shallow knowledge about the contribution and role of Muslim women in Islamic history and civilization, orthodoxy has reigned supreme over the affairs of Muslim women for centuries. Reforming MMDA to empower women will be and essential step in opening new horizons of opportunities for this half of the community. The minister therefore, has a historic role to play in this respect and he needs all the support from Muslim intelligentsia.

Empowering Muslim women through MMDA will, in addition, open the gate for them to play more leadership roles in community and national affairs in the future. Already, there is a complaint from their counterparts in other communities that women representation in the parliament does not reflect the strength of their votes. The situation is pathetic in the Muslim community. Except for Ferial Ashraf, who entered the parliament as a widow, and that too out of sympathy over the tragic demise of her husband, no other Muslim women ever became a parliamentarian in Sri Lanka. They don’t even enter the contest at provincial and local government levels. This has to change. By entering national politics Muslim women can break the community’s self-alienation at its very foundation. For a long time, religious conservatism and male chauvinism, through subtle and sometimes open threats, had made women a silent and subjugated subset in the mainstream of public life. They are not even allowed to enter the mosque unless they are dead. This has deprived the community and the nation of their invaluable talent and skill in almost every field.  MMDA in its current state reflects this subjugation. This is why it has to be reformed. How far will Minster Sabri go in redressing the current imbalances in MMDA will test not only his leadership qualities but also his government’s interpretation of the one-country-one-law maxim.     

Gone are the days when community leaders could shout from the pulpit and public platforms that Islam has already raised the status of women right from its inception and then sit quiet about it. Past successes do not automatically ensure progress at present and success in future. Religious teaching has to remain dynamic and not static, and the Quran exudes that dynamism almost in every page. It is the mullah who has made it a close book. This is the fundamental problem that bedevils the status of women in Islam. JSMC report on MMDA was also the product of tireless efforts of women present in that committee. Minister Sabri must not let them down.

*Dr. Ameer Ali, School of Business and Governance, Murdoch University, Western Australia

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Latest comments

  • 24
    3

    role of Muslim women in Islamic history and civilization

    I am not sure not only in Islamic history, but in the history of the whole world whether women played significant role in the society.
    Almost the whole mankind has given a lesser role to the women. It is because until the last century brawn power was important to establish superiority. Even the so called modernized western world laughed at voting rights to women a century or half ago.
    Even Buddhist household kept women ‘out of house’ in the 1980’s during menstrual period saying they are unclean.
    Muslim brethren may have taken little more time than the rest.but in the world history, time difference is insignificant.
    Let the rest of the communities without ridiculing them help them to change peacefully.
    The issues are not clear. Multiple sex partners at 14 with pills/abortion or marriage to a single partner at 14 what is best for the young girl is not a straight forward question to answer

    • 13
      0

      “The issues are not clear. Multiple sex partners at 14 with pills/abortion or marriage to a single partner at 14 what is best for the young girl is not a straight forward question to answer “

      There is no confusion; education is the only choice!

    • 15
      76

      Dear Writer,

      This island is filled with whole of stupid people.

      Assuming that the recent election results were real – that is the best evidence we have before us.
      :
      If majority of them would have been asked to EAT grass and drink punnakku they would do it on one go.
      .
      We can never be proud of our island nation.

      • 9
        5

        Mr. leela ge …..,

        Don’t insult Muslims.
        They are not stupid.

        Having said that……
        Any society has few idiots like you.
        But we don’t judge whole society by behavior of your kind of people.

        And…….
        Why don’t you clarify election results from your “Holy Ghost / Holy Spirit” election monitors…….

        And don’t forget to worship few cement colomns.

        • 8
          2

          Ms SCP,
          .
          please wait- time will teach you a lession. I dont care much about stupid people in my home country. I have turned out to be Africa today. There are plenty of poor people who are really in need. I dont care much about the races and religions either.

          But every time, I feel very sad when looking at the good people of SINHALA man sort or the like… there are at least 30% of them in that country to be considered as normal. They dont care much about race or other barriers, but be very human from the day one.

          You the kind of born morons are plenty also in far poor countries where tribal leaders of Rajakshes nature would work on their self-adulations and fake perception projects.
          [Edited out]

        • 3
          2

          Ms SCP,

          Reading is a hard job – first read about Cologne Cathedral and its historical importance
          https://en.wikipedia.org/wiki/Cologne_Cathedral
          Just because your DERANA or HIRU TV continue fooling you the idiots – no need to stop your own thinking patterns.

          Your problems should be pathological – no doubt about that. That is why you keep on asking me to “to worship few cement colomns.” – we the born buddhists are the ones that worship any lifeless buildings and even garbage dumps … please read it… but I am not very typical like you guys, I just respect those historical buildings/monuments having studies the historical values accordingly. But your men, demolish them, …. abusing power… there you stay as if your orifices are cemented why ?
          [Edited out]

      • 4
        2

        Ms SCP,
        you may be having break nights all along, – searching for supporters to make ” LIKEs” as much as you can – this is a well planned DEAL work by you and that Iraj Weeraratne – bitch from colombo.
        :
        So pathetic man, how come you always see things upside down ? How can srilanka ever become a civilized nation, if you guys would go on misleading the people ?

    • 6
      3

      It is worth reading the following artcile on underage marriages in islamic cultures.
      .
      https://cupola.gettysburg.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1007&context=islamandwomen

    • 7
      2

      MMDA was passed by the UNP government in 1952 as an election gimmick to win Muslim votes. But just 4 years later those Muslims had crossed to the SLFP. There was no history of MMDA in SL. No history of Halal in SL until 2001 and no history of Sharia banking in SL until 2010.

      One law for all.

      One law one nation.
      Two laws two nations.

  • 12
    9

    One law for all.

    • 18
      20

      One for RAJAPAKSHE FAMILY and their backlickers – and the other law for the citizens including Rajakashe slaves.

      Examples

      1)Buwaneka Bahu Historical Building – was demolished by a condom supporter of Rajaakshes – under the protection of that alleged high criminal Jonsten Fernando – nothing worked against the cirminal – mayor of Kurunagala Why ?

      2)If there is a roadway planned to be laid through SINHALRAJA, i t should be stopped, but current leaders dont seem to do the due

      3)Not forgetting the LAWs in terms of TELECASTS and BROADCASTS: nothing seems to work regarding BREAKING news based on BLATANT LIES … all about the self proclaimed propaganda on Rajakshes FAKE adulation.- why should people be that misled ?

      • 18
        12

        Dr. Mark T. Esper,
        US Secretary of Defence,
        .
        Congratulated GR on his successful handling of the COVID-19 pandemic.
        .
        Congratulated GR on the recently concluded parliamentary elections ..

        • 4
          7

          Ms: SCP@ I believe you are not in demented mode:)
          How many of EU countries commended it sofar ?

          Not a single nation in Europe right ? Why ? Is that because Rajapakshes are known to them as anti-human high criminals ?

          I only know they shortlisted SRILANKA as one of the COVID risk countries. They are well aware of the facts that RAJAPKASHE did not let more tests be performed at the begining of the crisis.
          And not to forget, island nations, in general, could easily manage it as with Taiwan and several other countries. But donkey leaders that became through FAKE NEWS, let srilankens be fallen in depths by the crisis. Their death rates are much lower because the final numbers dont contain the ones who died during their business or short travels in abroad.
          ******
          Europeans in general would not travel to srilanka in next few months – and most in europe dont believe that Rajapakshse are good leaders. The govt has not earned credibility in Europe.. I dont hear any of the countries in the region mentioning the name ” srilanka” in their news telecasts either. As an ant considers its urine as a pool – SCP or the like hired men of RAJAPAKSHE propaganda easily become pompous when a single phone call came in from the STATEs. Godayata majic like.

        • 1
          2

          US Secretary of Defense congratulated of Lankawe Covid-19 numbers. The best US Secretary of Defense can do is taking based on the Miracle of Asia’s, which is Appe Aanduwa, numbers. But locally we all know it was constructed to show how the Tamil Christians and Muslims spread the disease in Lankawe, while it was done with the well wishes of Aanduwa by Chinese tourists and Italian dual citizens. Rapist Army forcefully picked up the Muslims women died at hospital and burned them as Covid-19 patients. We are people, at the start, supported government to burn everybody, if it is going to be same justice for all religions, including Christians. But the last two Muslim women didn’t die by Covid-19 as per Muslim activists. Under all normal circumstances, families own the bodies & they are entitles to do their cultural rites. But these women’s bodies were burned without providing proper tests to satisfy the families.

          Well you like to bring Secretary Esper’s Covid-19 complements only. That is less interesting for us. Financial Times reported he talked about joint responsibility of Indian Ocean’s security & defense, Local Human rights improvements, joint defense pacts (ACSA?, MCC?)……. Apparently those are not of your interest. Any way I don’t have to tell, but you know, our interest is his talk in local Human right issues.

      • 6
        0

        One law for all.

        No more legal polygamy. No more child marriages – a child is anyone under the age of 18. No more sound pollution. No restrictions on pork and beef. No different banking laws. No repayment of loans other than with principal and interest. Paying anything else is extortion.

        All that nonsense happens in SL because there is no one law for all. Rajapaksa, anti-Rajapaksa one law for all.

    • 2
      1

      GATAM I agree there should be ONE LAW FOR EVERYONE.
      But that is not what is happening in Srilanka.
      There is one law for rajapakses and their cronies (like you) who are allowed to do what they like….killing, looting the nation’s wealth, raping, drug trafficking etc and no action taken to apprehend them, and another law for the commoners like us.
      Wake up man, that’s is if you are a man.

  • 5
    0

    Are there more men or more women in the world.

    Males have a higher risk of dying than females, women outnumber men Men and women are distributed unevenly around the world, in such view Empowering women by status of women right,participating in various professions, as educationists, technologists, scientists, emerged into a community is welcome story .The seeds of success in every nation planted in women and shared to the children

  • 11
    2

    The current Marriage Registration process among the SL Muslims consists of :
    (a) a Nikah Ceremony
    (b) A Certification of the Marriage
    .
    The Nikah Ceremony is based on Shariah and cannot therefore be amended.
    But the Certification is not Shariah-based. It is merely a written record of the various individuals participating in the Nikah Ceremony and could therefore be amended to suit new conditions.
    .
    The Muslim Community should of their own volition propose the following changes to the MMDA to make it compatible with the ‘One Country, One Law’ policy.
    .
    [1] All marriages to be registered under the GMRO
    (This would mean effecting a change only in the certification process)
    .
    [2] Additionally, IF THEY SO DESIRE, Muslims should be permitted to conduct Nikah Ceremonies (within a stipulated period after the ‘civil ceremony’) which will be recorded in a NIkah Register to be maintained by the Department of Muslim Cultural & Religious Affairs. Nikah Certificates will be issued by the Department.
    (This would ensure that the Marriage would be recognized by the Community)
    .
    [3] Muslim Brides and Grooms should be permitted to enter into a legally-valid Marriage Contract (signed by both individuals) wherein :
    – they agree on the quantum of Mahr to be gifted by the Groom to the Bride

    • 5
      0

      [contd]
      [3] Muslim Brides and Grooms should be permitted to enter into a legally-valid Marriage Contract (signed by both individuals) wherein :
      – they agree on the quantum of Mahr to be gifted by the Groom to the Bride
      – they agree that in the event of death or on the question of inheritance, they will adhere strictly to the relevant Shariah rulings
      – whatever other conditions that both the bride and the groom may agree upon. For example, the groom cannot take a second wife without the written consent of the first.
      (This would ensure that the couple are bound by all the relevant Islamic rules)
      .
      .
      The nearly 3 million Muslims in the U.K continue to lead their pious lives happily under conditions [1] and [2] above.

  • 20
    4

    Bit late but highly appreciated article.
    .
    It’s high time that people realize the difference between religion and religious literature.

    • 4
      1

      I agree, S. C. Pasqual.
      .
      Let’s hope that things will get done in this area at least.
      .
      Muslim women (those who dared to!) have been agitating for a long time, and now may be the time for progress.
      .
      “ekelbroom” is one of the nice Muslim men who has always been supportive of reforms.
      .
      What are “Nikah ceremonies”? I don’t know, and I’m not getting involved in such details.
      .
      Dear leelagemalli, I don’t think that we should link this issue with some of the other things that you talk about. The current unnecessary special laws relating to MMDA were introduced by D.S. Senanayake’s government soon after Independence to please Muslim men. Those “special laws” should be done away with. Period.

      • 3
        0

        Mr Panini Edirisinghe
        .
        Find and read
        “After the Prophet – The Epic Story of the Shia – Sunni Split in Islam.” and
        “The First Muslim – The Story of Muhammad”
        Both written by a women…….
        – Lesley Hazleton

      • 1
        0

        S_M
        Have any idea around which year in history the Muslim population in SL was half the present level?

        Soma

        • 0
          0

          No, soma.
          .
          If it is so important, why don’t you give me the link?

  • 9
    15

    Wonder land SRILANKA- even a convicted criminal can become a MP…
    .
    https://www.youtube.com/watch?v=YCTK_TzD8Js

    So long the representatives are from the CRIMINAL gang, they are allowed to do anyhting and everything.

    • 13
      14

      This is how RAJAPAKSHES set examples for the youth in this country. They dont care much about JUSTICE, even if they came to power promising to protect the people.

      How can a man, as convicted criminal be treated similar to a normal person ? If convictions are not taken serious, why to convict them ? It is high time, to release all high criminals from the prisons so that they can support the Rajapkshe criminals.

  • 8
    2

    “Ambanda” Ali Sabry only talks big but it appears that 20th Amendment will not have any clause to restrict marriages below 16 or 18 years. He is another “Ambanda Puss Wedilla”. 20A is for the benefit of Rajapakses, I wonder where are the so called “Deshapremie Bala Wegaya” when American Citizens are going to come into the Parliament. May be President’s withdrawal from US Citizenship is also a fake one. This may also be a reason for the 20A to include dual citizens in the Parliament.

    • 4
      1

      Ali Sabry was seen offering ATAPIRIKARA to most respectable buddhist priests day before yesterday. He is the number one muslim traitor in the country today. If he would be asked to do any backlicking gestures, he would do it for money in order to paint the picture infavour of Rajapakshe men.
      .
      I dont think he is real muslim going by his behaviours.. And it is not a matter of him being religious. But he is not clean person. Highly biased by his charactor. The kind of men would not be appointed as country’s ,minister of justice, but in today’s context, even convicted criminals are appointed as MPs.
      Anyways the muslim-traitor ALI SABRY is doing a paid job to RAJAPAKSHE CLANS. At the time, each of them were brought before the courts,, Ali Sabry was the guy who stood by them. All those high crimes were blocked by the bitch’s son one behind the other. As a repay only, the bugger was elected as the minister of JUSTICE. I wonder he is aware of the word – JUSTICE.
      :
      That MUSLIM YOUNG MAN was murdered by Rajapakshe family (there are more than enough evidence, available to put the killers in jail, but Ali Sabry did not allow them to get convicted).

  • 6
    8

    There is a more serious national problem arising from early marriage among Muslim s in comparison with other ethnic and social groups of the country.
    /
    This is the disproportionate increase of the Muslim population, upsetting the ethnic balance throughout the country, with special effects on inner Colombo, and cities like Galle and Kandy.
    /
    There has to be a national approach going beyond delaying the marriage age, if we are to control the Muslim population and the problems arising from it.
    /
    The increase of the percentage of voted needed to get national list MP posts is urgently needed.

    • 7
      2

      Dear Wennappu Kunumalu,
      .
      Yours is an Islamophobic comment.
      .
      The World has too many people in it now. Human Population has to be brought under control. Ensuring that females are educated and raising their profile will have the effect of controlling MCPs.
      .
      That Muslim population growth is higher than among other groups is true, but its extent is exaggerated. Therefore whole-heartedly support these moves. Don’t demand more – Muslim men will get stubborn and point to views such as yours to prevent the gradual improvement of women’s rights.
      .
      What relevance has your last sentence got to this topic? At this moment I’d like to see Ranil Wickremasinghe’s UNP “punished” with not a single seat, but that’s not the sort of silly statement that I’d like to be associated with! If there is Proportional Representation, then there shouldn’t be any cut off point whatever.
      .
      I’m hoping that I’ll be able to abide by my determination not to get involved in this too much.
      .
      The article by Dr Amir Ali is excellent. Once more – Period.

      • 2
        0

        Dear Sinhala_Man,
        I am asking you, an English language scholar, for my own benefit.
        >>>>>>>>>>>>>>>>>>>>>>>>
        Your sentence:
        ‘I’m hoping that I’ll be able to abide by my determination not to get involved in this too much’.
        * Isn’t the sequence of the words whacky!
        Shouldn’t it be:
        I’m hoping that I’ll be able to abide by my determination to not get involved in this too much.
        Thank you.

        • 2
          0

          Nathan,-
          ;
          Dear it should be a typo.

          Thanks,
          LM.

        • 1
          0

          Nathan
          Using tape-measure note down the circumference of your head and measure again in 3 months.

          Soma

      • 1
        1

        Mr Panini Edirisinghe,
        .
        You are technically wrong.
        .
        Check the Muslim population growth against the Tamil population statistics.
        .
        Its not a problem for majority Sinhalese because their potential of reproduction is high. But it is a threat to Tamils.

        • 2
          0

          If that is a threat to any ethinic groups, Singapore would not have become what they are today.
          What BS you have been bubbling here ? SCP Go back to your cage please… Bones are provied to you today more than you deserve – Rajapakshes will take good care of you.

        • 2
          0

          Dear S. C. Pasqual,
          .
          This is probably the first time I’ve seen you worrying about threats to Tamils.
          .
          Over-population is a world problem. Humans, just like other animals, have an instinct to reproduce, and leave behind many descendants. Dawkin’s “Selfish Gene”.
          .
          However, we homo-sapiens have now begun not only to dominate Planet Earth, but have also learnt how to avoid death for a much longer period than earlier. This has been made possible by our intelligence which seems, at first glance, to be greater than that of other animals.
          .
          If we are really intelligent, we would voluntarily reduce our birth rate to replacement levels. Two per couple?
          .
          That is complicated by the prevalence of divorce. You may not realise it, but divorce rates are higher among Muslims than among others. There is a positive side to this, however. It is possible (in most Muslim societies) for a divorced woman to find a man who will marry her. In Sri Lanka, among non-Muslims, you’ll hear people talking cruelly about “used goods” when talking about women, but not about men. Have you heard of “virginity tests” and inspection of bed sheets on the “morning after marriage”?

        • 0
          0

          PART TWO
          .
          I have worked three years in the Maldives, and I honestly believe that they have the highest divorce rate in the world.
          .
          https://www.guinnessworldrecords.com/world-records/highest-divorce-rate
          .
          I confess that googling for this, I found blogs different from this. And it looks to me as though the lowest rates are to be found in another of our neighbouring countries – India. India is such a diverse country that we should be careful not to generalise too much, but we know that, in certain areas, the treatment of women is horrific.
          .
          I haven’t visited the Maldives for 26 years, but I did predict election results correctly a year ago – and, if you read this carefully, you will realise that I contributed significantly towards electing a decent President there in 2018. Incidentally, both President Solih, and the even more charismatic Speaker, Former President, Mohamed Nasheed, have never been divorced. Ex-President Maumoon Gayoom has married the same woman thrice, after divorcing her twice. This article was possible because of certain unique conditions, which meant that I kept in touch.
          .
          https://www.colombotelegraph.com/index.php/the-maldivian-parliamentary-elections-2019-where-a-happy-result-can-be-predicted/
          .
          I know that much of this sounds strange, but it is true.

        • 0
          0

          PART THREE
          .
          Incidentally, Pasqual,
          you haven’t responded to what I said about Dr Rajan Hoole, here:
          .
          https://www.colombotelegraph.com/index.php/what-ails-the-sri-lankan-voter/comment-page-1/#comments
          .
          Please do so. However, the reference in the Maldives article is to our “Elections Hoole”, Professor Jeevan Hoole, and I will have quite a lot to say about him.
          .
          Your ignorance about him is abysmal; but I must say this: it seems possible to get you to read and respond to what I state.
          .
          Since I’ve delayed so much, I shall place my comments on Jeevan Hoole at the bottom of the pile of comments on Professor Kumar David’s article. I will also try there to explain, to “leelagemalli” how much of an “ Godaya in the Wilderness” I am considered to be!
          .
          Panini Edirisinhe
          (NIC 48 3111 444V) aka “Sinhala_Man”.
          .
          P.S. I don’t much care how anybody spells my name, but I must tell you that my great grand-father was a careless man and lost the letter “g” in my surname.

          • 2
            0

            S.M,
            “my great grand-father was a careless man and lost the letter “g” in my surname.”
            I think I did mention to you once that the English spelling of Sinhala names is a clue to the person’s religion/caste. Please do check around and see if you can find Senewiratnas, Bandaranaikes , Wijesinhas, Edirisinhas, etc who aren’t or weren’t Anglicans.

            • 0
              0

              OC
              It is not only a clue.
              The owners of the names jealously protect the spelling.
              Any misspelling is frowned upon by the owner.
              *
              Your research is interesting.

              • 1
                0

                SJ,
                I wonder what the ulterior motive was in restricting it to English spelling but not Sinhala. Is there anything similar among Tamil Anglicans?

                • 0
                  0

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                  • 1
                    0

                    S.M,
                    What’s up?

                    • 0
                      0

                      I indulged in more banter on the spelling of surnames, etc and so the CT Moderators must have decided (with justification) that this was off-topic.
                      .
                      It may have led to some laughs, etc, and of course, there was nothing vulgar and offensive in what I said – you know enough of me to realise that, I guess.
                      .
                      For me, it does amount to a waste of time – but that is “an occupational risk” for those of us who put too much effort into these comments.
                      .
                      Cheers!

                    • 0
                      0

                      S.M,
                      I was for a moment afraid that you had taken umbrage at the discussion. Well, it seems CT is being sensitive for the wrong reasons.

              • 0
                0

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              • 0
                0

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    • 5
      1

      The following two views caught my attention.
      * Early marriage among Muslims is a serious national problem.
      * The disproportionate increase of the Muslim population upsets the ethnic balance.
      .
      Hi Kunu, With such foresight, where were you hiding all these days!

  • 3
    1

    I do not agree with NMDA and its time for progressive reforms. Likewise there is urgent need for reforms in other religions too with certain regressive and discriminatory diktats. But in a virtual and disciplined country if “choka malli” can attend parliament to the quandary of Prison and AG Dept , why bother. Apparently old Vasu told ” this will be decided by speaker and us” and not by AG or judiciary”. The talk is Choka will be released by appeals court (predetermined) so why bother ?? I wonder was he hand cuffed or in shackles when attending parliament. Who is next ???

  • 0
    0

    Part 1
    When the British conquered this island, first the coastal areas and then the center, they were bound by their judge made law to allow the existing laws and institutions to continue, however, there were changes from time to time, a good amount through judge made law in this country. It is the Dutch who imposed the Roman Dutch law I most of the coastal areas, Thesawalamai law for the Northerners and a code for Muslims. The British evolved with this and the code for Muslims were changed by law somewhere in 1931 at the behest of the then Supreme Court Judge Akbar (Qualified both in law and mechanical engineering). Judge Marsoof will go down in history for proposing changes to the applicable personal law for Muslims. Having had a long history of divided personal laws based on ethno-religious considerations it will lead to a lot of teething problems if suddenly there would be one personal law for every Sri Lankan. A step by step approach is practical.

  • 0
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    Part 2
    One age of marriage for every citizen is practical. The expressed consent of both the parties for a marriage to take place should be the case. I was told by a friend that his mother was married to his father while she was teaching at school because the mother was not a signatory for the marriage. I am perplexed in having separate courts to administer the personal laws applicable to Muslims. If any judge, irrespective of his ethnicity, religion and sex can decide on personal laws of persons other than Muslims, and hand down judgements as a judge of a normal court why can’t any judge of a normal court deal with all the personal laws of all the citizens? This separation of courts based on ethno-religious consideration disunites people. The sovereign judicial power of the people on no occasion can be tainted by ethno-religious divisions. Muslim women have made allegations that the special judges have abused their power and virtually there is no recourse. Conservative Muslims in this country may revolt at this idea but it is the best way to protect, currently the weaker sections of the Muslim population in this country.

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    What is the proposed solution from the TNA please as MMDA and Sharia law issues are something they have to deal with in the separate State and the Federal and devolved territories too with the land and police powers??

    We are wasting time and the Minister should ask the TNA for their secret deal and the solutions as ee are reinventing the wheel here?

    Have they ever stated their solutions in the parliament ever?? for anything for that matter?? after all this is a Tamil Issue??

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    A Sufi Moulavi said extremists were still delivering extremist speeches even after the bombings. Recalling that there were about nine powerful Islamist extremist groups operating in Sri Lanka at the time of bombings, the witness said Sirisena took measures to ban only two of them. The remaining seven extremist organisations are operating better than before using fake names, he noted.

    He also said if the country needs to be liberated from Islamist extremism, the present All Ceylon Jamiyyathul Ulama (ACJU) organisation, Shura council and other leading Islamist extremist organisations and sects should be completely banned.

    Recalling that, the early members of the ACJU organisation, which was formed in 1922, were traditional Muslims, he noted that around 1971, the Thowheed Jamaat, the Tabligh Jamaat, and various Wahhabi groups were able to seize power. He also stressed, at present, it is an institution based entirely on Wahhabism and none of its members are traditional Muslims.

    Meanwhile, in response to a question raised by the PCoI on the position of the ACJU on traditional Muslims’ rituals such as the celebration of the Prophet’s birthday and worshipping tombstones, he said, members of the ACJU never approved of worshipping tombstones and that they would not do anything in celebration of the Prophet’s birthday.

    https://ceylontoday.lk/news/ntj-training-camp-at-al-zuhaira-madrasa-school

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