19 September, 2018

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MMDA Had Been Effective Throughout Muslim Marriages

By Mohamed R. M. Farook

Mohamed R. M. Farook

The Muslim Marriage and Divorce Act (No.13 of 1951) – MMDA – had been operational as from that year or more precisely from 1954 and remains, up to this day, as the source of an additional legal compliance by the Muslims to be congruent with the General Law of Marriage of Sri Lanka (then Ceylon) by virtue of the fact that Muslim marriages are legally valid in Islam by the performance of Nikah. Nikah as an Ibadat (an act of worship) is the definitive act by which the Muslims, from the commands of the Qur’an, contract and legitimize (legalize) their marriage. This Nikah is valid for all purposes in an Islamic or Muslim majority environment (say, a Muslim country) such as for issues of livelihood, parenthood, inheritance, subsequent marriage of a Muslim male (polygyny allowed in Islam), divorce and any other related matters. Where the Muslims are a minority in a country and that country has its own general statute (statutes) for marriage for its citizens (or different communities), there could arise (did arise) inconsistencies in upholding the validity of the Nikah with the general statutes of Marriage of the said country. This type of conflicts arose not only for minority Muslims but also for other religious minorities whose marriages and other matters had their own legitimate ways according to their religions and thus all such minorities were (are) allowed to follow their religious commands through relevant statutory enactments based on their religions. And Muslims have at present MMDA (No.13 of 1951). Before MMDA (1951), the Muslims were governed by The Muslim Marriage and Divorce Registration Ordinance 1929 which had already replaced the Registration of Muslim Marriages Ordinance 1896.

I have written two write-ups one in April and the other in May 2017 regarding MMDA, its relevance to the issues of Muslim marriages, and to keep as it is without the need for amendments – and sent these write-ups through emails to selected Muslim educationists, academics, professionals, theologians (Muslim Clerics), educated Muslim businessmen, Muslim leaders and the like. None has opposed the contents of these two write-ups. The important issues analysed and the advocacy developed against the MMDA amendments citing evidences or situations based on the practical issues faced by marginalized / poor Muslims especially living in tenement type housing in Colombo and other Muslim areas in Sri Lanka will be put forward here too.

The Muslims of Ceylon / Sri Lanka had been registering their marriages through the relevant Ordinances / Acts through the last hundred or so years up to this day in addition to or in conjunction with their Nikah obligations and the Muslims are complacent and have no issues whatsoever with such registrations. So why create an issue with the present day MMDA? All marriages are bound to have matrimonial problems – some trivial, some financial matters, some on breaking of promises, some on issues irrelevant to the marriage, some on incompatibility issues, some on presumed matrimonial cheating and thus being unfaithful, some on abuse, some on suppression by in-laws and so on – many are matters of misunderstanding. Unless there happens to be internal interventions from elders, relatives, connected people or in today’s situation or context through professional counselling to settle the disputed matters – the disputes will find their way to the Quasi Courts. Here too the matrimonial issues are brought in by either of the married couples in dispute for resolution or solutions based on the Qur’an and Hadith which are the bases of the CORE of MMDA.

There are various groups of people who call for amendments to MMDA – Muslims (activists, liberals, secular academics / professionals, journalists and the likes); Non-Muslims (activists, advocates of gender equality, Human rights / Child Rights advocates, journalists, Feminists, LGBT personalities and so on), and others who go with the general trend or tide and speak or write about MMDA as they perceive it without knowing the religious aspects of Islam and the sensitivities of the MMDA issue. These groups stress mainly on five issues regarding the proposed change envisaged to the prevailing MMDA (1951) viz. minimum age of marriage for Muslim girls; polygamy (polygyny) among Muslim men; Muslim women to be eligible to be Quaazi; divorce proceedings (as at present) unfavorable to Muslim women; consent of the bride by her signing the marriage register.

The Qur’an in Surah (Chapter) 04 (An-Nisa: Verse 06) has used the term ‘until they reach the age of marriage’without assigning a numerical value. Thus the Qur’an allows the different nationalities / cultures within the Muslim society to decide on the minimum age of marriage depending on what a particular nationality or culture accepts as the minimum age of marriage for their girls depending on diverse practical factors or issues. A very commendable favour. To question this and to fix a standard age as the minimum will bring in unpredictable and unimaginable problems leading to un-Islamic consequences. The physical growth, appearance and reaching maturity (puberty / bulugh) varies from society to society, culture to culture, period to period and so on.

To fix the age of marriage for Muslim girls on a calendar age [at 18 or 16 yrs.] will be damaging to the Muslim Ummah as a whole. For example, let us go into the practical aspects of livelihood and lifestyles of Muslims who are economically poor and live in tenement type houses in congested areas (in parts of Colombo, its suburbs and rural centres and villages) where privacy per se may not be as required and Mahram [non-marriageable men with whom only the women could interact openly] is not strictly adhered to where unsuspecting casual interactions between young males and young females could lead to detrimental consequences and finally leading to shame. Muslim parents in such groups live in a state of anxiety in looking after their children especially the daughters who are budding into womanhood in the ages, say, twelve (12), thirteen (13), fourteen (14) and fifteen (15). The only solution for such parents is to give their daughters in marriage either by choice or through proposals. Whether the marriage of a 14-year girl marrying an 18 or 20-year boy will lead to a long-term (life-term) happy marriage; or have on-and-off hiccups; or lead to total failure and breakdown is not within the purview of this write-up. But one thing is certain – Alhamdu Lillah – Such marriages are halal (legal) in Islam provided the marriages have taken place according to the Qur’an and Hadith.

Muslims and their way of life are governed by the Qur’an and the Hadith. This has to be accepted by all others including the United Nations Organization (UNO), the European Union (EU), the ‘worldly’ super-powers and the like. Otherwise where is their exhibitionism on human rights and freedom of speech including freedom to practice one’s religion? Therefore, please allow the Muslims to live according to the Qur’an and Hadith.

Fixing the marriageable age for Muslim women at a minimum of 16 or 18 years is inconsistent with Islamic edicts and has to be rejected. Forming friendship before marriage in the form of boy-friend / girl-friend relationship and moving together is acceptable and condoned within the permissive society whereas such behaviour is Haram (illegal) in Islam. In a permissive society fixing the minimum age of marriage at 16 or 18 years will not be an issue at all since the ‘lovers’ can move together freely, can have intimate relationship if and when they wish, have access to safe sex, and in case of ‘accident’ to the ‘morning after’ pill and in the extreme situation resort to abortion. Such behaviours are prohibited in Islam and also I presume the same in other religions. Let the MMDA remain as it is and do not raise the minimum age of marriage of Muslim girls to 16 or 18 years. By the way, the present day reality is that a large percentage of the Muslim girls are presently getting married in their late teens and the twenties. Further there are Muslim girls in their thirties (and beyond too) yet not married due to being financially poor; not in a position to comply to the requirements (un-Islamic) of the groom’s side such as owning a house, and many more.

Next comes polygyny of Muslim men. The Qur’an (An-Nisa, Verse 03) allows Muslim males to have two or three or four wives concurrently, with an addendum that if a Muslim fears that he will not be able to deal justly with the wives, then he should stick to one wife. The Qur’an does not command every Muslim male to have up to four wives but allows the Muslim men capable of having and maintaining up to four wives to do so if they so want to. That’s all. At the same breadth the Qur’an tells those Muslim men weak in the sense that they may not be able to treat all the wives in a just manner to be with one wife only. The chapter An-Nisa Verse 03 has to be read with Verse 129 of same: “You will never be able to do perfect justice between wives even if it is your ardent desire, so do not incline too much (to one of them by giving her more of your time and provision) so as to leave (the other) hanging (i.e. neither divorced nor married). And if you do justice, and do all that is right and fear Allah, then Allah is Ever Oft-Forgiving, Most Merciful”. Thus the question of banning polygyny (up to four wives) for Muslim men is against the injunctions of the Qur’an and cannot be accepted.

A Muslim male need not get the permission from his present wife / wives or any other authority to contract an additional marriage (within the limit of four wives). Thus the Section in MMDA where the Muslim male contemplating an additional marriage has to seek the permission of the Quaazi Court is inadmissible in Islam and that Section has to be removed or made inoperative – even this Section cannot fall under Al-Masalih Al-Mursalawhich means consideration of public interest or common good. Where the Qur’an has stipulated specific punishments for sinful acts, such punishments may be executed by people in legitimate authority. In instances where the Qur’an discourages, prevents or prohibits activities or obligates doing certain activities, but has not stipulated any specific punishments for the commission or omission of the said activities, then no one has the right to formulate laws to punish such commission or omission – it is left to Allah to impose any punishment He renders appropriate either in the offender’s life in this world or in the Hereafter or both. For example, if a Muslim does not do the five times daily obligatory prayers, no Muslim state can legislate it as an offence and impose a punishment. Similarly, no State has the authority to ban polygyny and stipulate statutes through which punishments such as fines, imprisonment for a Muslim male contracting additional marriage according to Islam could be made.

Those who advocate, both Muslims and others, the banning of polygyny for Muslims in the MMDA amendment scenario are surely on the wrong path. They cite examples of Muslim women suffering as a result of their husbands having other wives – these are individual issues happening at random and done by irresponsible Muslim men and such people will taste Allah’s punishments. In every society / community there are always individuals and small groups who make mischief – and that does not make the mainstream community to ban what the religion has ordained on its adherents. What the Qur’an allows must be upheld. It is like banning the use of knives or motor bikes because these items are used in committing murder. There are others who cite Muslim countries like Malaysia, Indonesia and Pakistan having banned polygyny. Muslims are not bound to follow what the so called Muslim countries do. Muslims have to follow the Qur’an and the Hadith.

Next Muslim women as Qaazis. Devout Muslim women engrossed in Islamic knowledge, Qur’anic edicts and the Islamic ways of life certainly will neither crave for nor accept the position of Qaazi even if offered. The reason is she knows it is against Islamic practice inferred from Qur’an and Hadith. Human rights activists, gender equality advocates, feminists, non-conformists and others of a similar orientation must know and understand the specificities of each religious group and honour such specifics and keep their hands off from established religious practices in order they do not create unnecessary commotions within the society in general and any religious group in particular – in this case Islam and the Muslims.

Our Muslim women are, with Allah’s Blessings, the foundations in our homes, as wives, mothers, performers of Islamic practices, complacent administrators of economic status of the household and many more. Their contribution is immense. Muslims do not wish to pseudo-elevate their women as the West does in the guise of gender equality whereas in reality it is exploitation of women for the sake of male pleasure (sometimes also female pleasure in today’s LGBT promotion).

From the Qur’an (An-Nisa 04:34): “men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend to support them from their means”– not a question of male superiority but the reality of creation as for the Wisdom of Allah. Islam is patriarchal and confers leadership of Muslim community on Muslim males – this is a settled matter in Islam. So the question of Muslim women as Qaazis does not arise.

The issue of “divorce proceedings in the Quazi court unfavourable to Muslim women” – and if this is the contention of the aggrieved women (or even men) after the verdicts of their cases, then much study (research) has to be done on the system to rectify any downside effects that have prompted the ‘litigants’ their disagreements to the verdicts. This study should focus on the method used in selecting the Quaazis; the qualifications required to be a Quaazi; mandatory training required for the Quaazis before they assume their duties; monitoring method used in the functioning of the Quaazi court and the behaviour and discipline of the Quaazis themselves in each and every case they have ‘settled’; the perception of the Quaazi court system in the eyes of the litigants and other relevant questions, if any – nature of a judicial review process. Without a study one cannot come to any conclusion. The research question could be: “Does the Quaazi Court system function effectively in its proceedings in delivering its verdicts in divorce cases?”

We know the Quaazi court system as it is today. Though the system is a formal and legal judicial arm, it functions in an informal and people friendly manner – in a major way that is good.  If the Open Court proceeding in the Quazi court is not conducive for women to speak of their private matters pertaining to the divorce action, then proceedings must be held in camera. There are approximately sixty-five (65) Quaazis throughout Sri Lanka and let them give their views in strengthening the Quaazi court system in Sri Lanka.

Though divorce is permitted in Islam in irreconcilable situations, divorce is loathed by Allah and all efforts must be used to make harmony in the couple contemplating divorce. This is what should be the first attempt for the Quaazi – and this is what they, Quaazis, try to do based on their experience, knowledge, intuition, and so on. In such a process it is possible to misunderstand and misinterpret the actions of the Quaazi. Allah Knows Best.

Bride to sign the Marriage Register – this could be done and there is no issue regarding this. Arrangements have to be made to get the signature of the bride in the Marriage Register. Where the Nikahand Registration takes place simultaneously in a Masjid – how could it be done? The two parties have to decide on this – it may not be easy for some cases such as the bride’s family live at a far location (say, Kandy) and the groom is from say Colombo and the Nikahand Registration takes place in a Masjid in Colombo. Already at present some of the Muslim marriages take place with many additional activities with parties (lunch / dinner) depending on the financial status / strength of the parties; socio-cultural outlook or perceptions of the parties; influence of the new trend setters – many of which cannot be accepted as Islamic practices. Let not the process of having the signature of the bride lead the Muslim community to yet an additional functional activity whereby extravagance takes place and Islamic values get minimized.

The Qur’an and the Hadiths are the only sources of guidance for the Muslims and no Muslim would ever change their life / lifestyle to the dictates of any other sources. Recognizing this basic principles of the Muslims (and also through representations made by the Muslims of earlier times), the State (ruling governments), under the Freedom to Practise one’s religionenshrined in the Constitution, enacted separate legislations for the Muslims in the areas of inheritance, marriage & divorce, and Mosques & Trusts viz. Muslim Intestate Succession Ordinance (1931); Muslim Marriages Ordinance 1896 followed by The Muslim Marriage and Divorce Registration Ordinance 1929 and the present Muslim Marriage and Divorce Act (1951) MMDA; and Muslim Mosques and Charitable Trust (WAKF) (1956).

No legislation is perfect at its initial stage and as time passes by may need amendments with the caveat that the ‘CORE’ of the legislation is kept intact. This is more so important with regard to legislations pertaining to religious affairs – in this case to Muslim affairs. As stated above, the Qur’an and the Hadiths (Sunnah) are not to be breached – this is the foundation. MMDA (1951) has to be looked at from this angle. Does the CORE of the MMDA comply with the Qur’an and Hadiths? And if it complies then there is no need for amendments. The procedural processes in the MMDA may have shortcomings in which case those processes could be amended with utmost attention and care. This is as simple as that. But what has happened is a consortium of people, with different orientations – Islamic, un-Islamic, Secular, and Deviance have jumped onto the MMDA bandwagon which has brought dire confusion to an otherwise very simple issue as stated above.

The present situation as regards MMDA is that the Justice Saleem Marsoof committee has finally submitted its Report to the Hon. Minister of Justice in January 2018. The Report is divided: one section (party) advocates amending MMDA and the other against amendments. The Report in its Foreword requests the Hon. Minister of Justice to take all necessary actions to have the recommendations of the Committee implemented as proposed in the Report – this request is ambiguous as the Report is divided between for and against the said amendments. Therefore, the Ministry has rightly called for representations from the Muslims through its website. In-depth study of the JSM Report by an independent body of learned, talented, competent and pious Muslims is necessary now to accept or reject the JSM Report and to find a way forward.

The look into the Muslim Personal / Family Law especially the MMDA is not a new occurrence. There were two previous committees viz.  Dr. H.M.Z. Farouque Committee (Muslim Law Reform Committee, 1972); Dr. A.M.M. Shahabdeen Committee (Muslim Law Reform Committee, 1990). These committees suggested amendments to the administrative aspects of MMDA and not to the CORE of the MMDA. The Dr. Shahabdeen Committee said that the MMDA has stood the test of time and therefore needs very few amendments. Contrary to what the JSM Report says (3.2.01) about the reasons for the appointment of JSM Committee, the main reason had been throughout the insistence to repeal the Muslim Personal Law (MPL) by International human rights bodies, such as, the Committee against All Forms of Discrimination against Women and the Committee on Economic, Social and Cultural Rights – especially they have called upon Sri Lanka to amend its MPL to eliminate early child marriages. Sri Lanka is a State Party to the International Convention on the Rights of the Child which defines a child in Article 1 as a personunder the age of eighteen years, and the Committee on the Rights of the Child has called upon State Parties to prohibit and eliminate child marriages. International Conventions are one thing and religious rulings, especially of revealed religions, are another. The main issue is the definition of ‘child’ as per the International Conventions The definition of a child as one below eighteen years is not acceptable in Islam as Islam recognizes any person reaching puberty as a budding adult.

MMDA (1951) constitutes the main body of legislation relating to the application of Muslim family law, make registration of the marriage mandatory after the Nikah and it has functioned effectively from its beginning to date in the authentication of Muslim marriages in Sri Lanka. What else do the Muslims expect from MMDA? Marriage comes first and in certain cases divorce props up – there is no divorce without marriage. So if the MMDA is alright with the marriage of Muslims and if there happens to be ‘difficulties’ in the resolution of divorce cases in the Quaazi Courts, then let us resort to applicable corrective measures to put the functional, the operative and the administrative aspects of the Quaazi Courts to be efficient and effective in the future.

*M.R.M. Farook / Chartered Engineer.

To read the MMDA discussion on Colombo Telegraph click here

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Latest comments

  • 13
    2

    Looks like this writer doesn’t like teenagers having fun. He thinks it’s immoral for young girls and boys to be friendly, have love affairs, or have sex. Why is Islam so anti-fun? There are only few things in life that make you genuinely happy. Why does Islam or any religion try to ruin the party? As long as there is mutual consent, and the age of consent and safety are adhered to when it comes to sex, I don’t see anything immoral or illegal in these activities by young people. Whereas, it is the mauling of female children by grown men in the name of marriage that is immoral. It should be made illegal in Sri Lanka. The MMDA should not be reformed; it should be thrown out. There ought to be only one law in the country. This is the only way to protect the human rights of Muslim women and children. As citizens of Sri Lanka they should be free to make their own life-style choices just like the members of other communities.

    • 7
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      Mohamed R. M. Farook,

      RE: MMDA Had Been Effective Throughout Muslim Marriages

      “The Muslims of Ceylon / Sri Lanka had been registering their marriages through the relevant Ordinances / Acts through the last hundred or so years up to this day in addition to or in conjunction with their Nikah obligations and the Muslims are complacent and have no issues whatsoever with such registrations. So why create an issue with the present day MMDA?”

      “So why create an issue with the present day MMDA?”

      Why, because it;

      1. Treats women as chattel( “badu”, things) of men, father, brother, uncle etc.

      2. Women and girls of 12 or under can be married off without theit consent.

      3. A man can get a second, third and a fourth wife without the consent of the first wife.

      4. Women inherit only half of the parents wealth.

      5. Women cannot be Qazi judges however qualified they are.

      6. Men can divorce women with or without reasons.
      ( Recently in the Western Province, Kaluara District, the father in law stabbed the son on law because he simply wanted to divorce his daughter. making use of the provisions of the MMDA.

      Mohamed R. M. Farook,, you are mot a woman. So you do not understand the issues.

      Have you heard the term Travesty of Justice? That is what MMDA is all about to Sri Lankan Muslim women. It is the duty of the state to protect its citizens, male and female alike.

      travesty of justice
      a miscarriage of justice; an act of the legal system that is an insult to the system of justice.

    • 7
      2

      We can all agree that Muslim Marriages are effective. Proof of this exits in the 4 -10 children Muslims conceive in their attempt to turn Sri Lanka into Bangladesh or Saudi Arabia. In 25 years Sri lanka will be known as Lankastan.

  • 1
    1

    This era education become more important. To do a job or to educate children (their) up to a certain level. Also you cannot live without basic education this era. Islam encourages education.

    Women should be consulted in most affaires. Specially where they are involved. There are sound examples our beloved prophet (may peace and blessings upon him!) consulted women (his wife (s))

    So let the MMDA change accordingly while respecting women as it is a priority requirement in Islam

  • 4
    1

    Sorry Mr Farook.
    You look like an expert on Islamic Law but you are not…
    To understand Islamic law perfectly need to read texts with with contexts and social realities
    You can not copy all Arab culture and tradition in our modern society .
    Can you eat exactly what Prophet ate?
    Can you travel today exactly as prophet did ?…
    Marriage is some thing to do with human tradition. Islam regulated marriage and divorce but yet ; it is not like issues of faith..
    Allah gave some flexibility to modify it as and when people need to do it ..
    Take example of Omer Rali..
    He banned marrying girls from people of books and yet ; Allah permitted it to Muslims to do ?
    How did Omer change what Allah allowed?
    No one is allowed to change what Allah prescribed and yet Omer when against the command of Allah ?
    How and why on the same issue of marriage ?
    Marrying and dirvocie is not a fundamental of Islam…
    If someone not marry do not go to Hell ?.if some one marries does not go to Pradaise ?.it is an issue of permissible act ..
    In that act reform can be done as Omer did ?
    Why not ?
    First read Islamic law well.
    Before you misguide people ?.

    • 2
      0

      @lankan

      Whos Omar Rali ? ?

      • 3
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        ceylonee

        “Whos Omar Rali ? ?”

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

        Umar (/ˈuːmɑːr/), also spelled Omar (/ˈoʊmɑːr/; Arabic: عمر بن الخطاب‎ ʻUmar ibn al-Khaṭṭāb [ˈʕomɑr-, ˈʕʊmɑr ɪbn alxɑtˤˈtˤɑːb], “Umar, Son of Al-Khattab”; c. 584 CE – 3 November 644 CE), was one of the most powerful and influential Muslim caliphs in history. He was a senior companion of the Prophet Muhammad. He succeeded Abu Bakr (632–634) as the second caliph of the Rashidun Caliphate on 23 August 634. He was an expert Muslim jurist known for his pious and just nature, which earned him the epithet Al-Farooq (“the one who distinguishes (between right and wrong)”). He is sometimes referred to as Umar I by historians of Islam, since a later Umayyad caliph, Umar II, also bore that name.

        History of Omar book

        Under Umar, the caliphate expanded at an unprecedented rate, ruling the Sasanian Empire and more than two-thirds of the Byzantine Empire. His attacks against the Sasanian Empire resulted in the conquest of Persia in less than two years (642–644). According to Jewish tradition, Umar set aside the Christian ban on Jews and allowed them into Jerusalem and to worship.[8] Umar was eventually killed by the Persian Piruz Nahavandi (known as ‘Abū-Lū‘lū‘ah in Arabic) in 644 CE.

        Umar is revered in the Sunni tradition as a great ruler and paragon of Islamic virtues, and some hadiths identify him as the second greatest of the Sahaba after Abu Bakr. He is viewed negatively in the Shia tradition.

  • 5
    4

    As long as there is mutual consent, and the age of consent and safety are adhered to when it comes to sex.

    All of do not adhere to safety and age of consent that is why rules are set.
    Like drinking alcohol and driving nothing happens to the driver The majority of drivers who killed pedestrians, Originaly you take a drink, then the drink takes a drink, then the drink swallaws you

  • 7
    3

    Oh man this guy should be living in the tora bora mountain in Afghanistan not in Sri Lanka.

  • 7
    0

    According to the Rizwi Chinthanaya, the MMDA is “perfect in the present state” and a Chartered Engineer now seeks to justify this point of view on the basis that the “MMDA Had Been Effective Throughout Muslim Marriages”. He even advocates removing or making inoperative some sections of the MMDA, such as the legal requirement for a Muslim man to get the permission of his wife/wives before contracting another marriage, so that it is compatible with the stipulations in the Quran and the Sunnah. His recommendations in effect are a further tightening of the MMDA. The anti-reformers have now found a new Poster Boy to promote their case.

    But …….

    The Chartered Engineer proudly informs us that he “… sent these (two) write-ups through emails to selected Muslim educationists, academics, professionals, theologians (Muslim Clerics), educated Muslim businessmen, Muslim leaders and the like. None has opposed the contents of these two write-ups.” Clearly, the Chartered Engineer equates this perceived lack of opposition to a very high level of acceptance of his highly-biased view-point.

    Bad Mistake, Thambi.

    On what evidence has he based his claim ? Is he assessing it at face-value ? Or on the experiences of his friends and relations ? Has he not realized that the MMDA in it’s present form does not prevent males from taking undue advantage of females in contracting marriages or at the divorce proceedings conducted at Quazi courts ?

    Has the Chartered Engineer not read the many Research Reports written by qualified and experienced Professionals and Academics highlighting the failure of the MMDA in dispensing justice to Muslim females before he made the sweeping statement that the “MMDA Had Been Effective Throughout Muslim Marriages” ? Or, does he conveniently choose to ignore such reports claiming such documents to be works of fiction ?

    • 5
      1

      e.
      This guy has a very conservative outlook and a selective interpretation of the MMDA and is no expert on Islamic law; there is none in SL. He is cunning and selective in manipulating his conservative mindset and should be ignored.

      Justice SM has done a great service to the Muslim women of SL in suggesting appropriate changes to the defunct MMDA(1951}.
      Why is the female justice minister and the cabinet silent on this important issue for Muslim women?

      • 4
        0

        Brother Sarrij, I agree with your views regarding the writer of this slanted article. Unfortunately, the contents of his article will sound like sweet music to the ears of the extremists in our community and to those who blindly follow them. Making a statement like “MMDA Had Been Effective Throughout Muslim Marriages” is similar to stating that “All Muslim Males who attend Friday Prayers regularly are Pious”. Both statements are extremely stupid generalizations based on partial and/or skewed observations. Do you recall the other masterpiece uttered by an ACJU bigwig “If polygamy was not permitted, then adultery would become a norm” ? Islam is a fear-driven religion and as such the easiest way to control the ‘sheep’ is to put the fear of God into them.
        I do not think the female Justice Minister nor the Cabinet will take any meaningful steps to alleviate the discrimination experienced by our females as a result of the MMDA in it’s present form. It is far easier for these petty politicians to let the status quo remain and to ensure that their voter bases among the Muslim community are relatively undisturbed. None of the politicians have the interests of the female Muslims at heart. They are all (including the Muslim politicians) focussed strongly on the impending elections in 2019/2020.

  • 5
    0

    Mohamed R. M. Farook’s misogynous article is straight off a typical ACJU approved Friday sermon.
    He says with conviction (to boot?) ~ “MMDA Had Been Effective Throughout Muslim Marriages”.
    This is stating the problem as the solution.
    MRM F recycles the poverty defence. He says that Muslim mothers are ‘anxious’ about the safety of their teenage daughters and so (in his words) ~ “The only solution for such parents is to give their daughters in marriage either by choice or through proposals”.
    This is ‘halal (legal)’ to Muslim men, leaders, MPs and MRM F-ilk.
    Have they ever read about Rohingyas escaping the Myanmar Junta fryingpan only to end up into Child-bride Trafficker fire?
    Note the MRM F-ilk’s obsession with ‘puberty’.
    .
    MMDA1950 has gone well past use-by-date. It is ‘Halal’ only to a few conservative Muslim MEN.

  • 1
    2

    You in your article value MMDA while another wrtier says it needs reforms. How ever, you induirectly say that Sri lanka is a Muslims majority country in which the MMDA is active. At the same place you say, in muslims minority couuntries you obey the country’s law. that makes we sinhala buddhisrts very sad as we do not have our country. In a sinhala budhist country muslims dominate the human rights while Sinhala buddhsits have tolisten to Human rights ANDONAS or grievences. I can not understand why muslims have upper hand as Muslims laws and quran have the prominence in muslims countries while in Majority buddhsit countries too muslims must have the upper hand.

  • 1
    1

    Your article is like Hitler saying our govt was running for some time in the world and it has worked. FOR your case, provide statisticsw from Muslims women to prove what you say. Otherwise, you are another islamic crook.

  • 0
    4

    Dear celonee.
    You do not know Omer Rali.
    You do not need to write on this then

  • 6
    1

    I wonder what the learned scholar has to say about Koran 4:34 that grants a man the right to beat his wife.

    • 1
      6

      Dionysus

      What the learned scholar has to say about Koran 4:34 that grants a man the right to beat his wife.
      Why do parents beat there daughter it is for correction.
      To protect their interests, to preserve and to maintain the safety of women.
      There is further explanation in the quran that you have not pointed.
      Strike Very lightly without leaving any marks

      • 2
        0

        rbh

        Why does not Koran grant right for wives to beat husbands (very lightly without leaving any marks) for correction?

        Good parents don’t beat their children. They correct children by addressing with love & kindness.

  • 2
    3

    Dionysus

    What the learned scholar has to say about Koran 4:34 that grants a man the right to beat his wife.
    Why do parents beat there daughter it is for correction.
    To protect their interests, to preserve and to maintain the safety of women.
    There is further explanation in the quran that you have not pointed.
    Strike Very lightly without leaving any marks

  • 2
    1

    Shall we correct it.

    Muslim men have been successful in suppressing women & indulging in polygamy with the backing of MMDA.

  • 2
    2

    May Almighty Allah bless the Sri Lankan Muslim community with more knowledged scholars like Muhammad Farook who can provide awareness to muslims and non muslims genuinely intending to seek knowledge on MMDA.

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