In an alarming submission made to several parliamentarians and other conservative groups with regard to proposed amendments to the Muslim Marriage and Divorce Act (MMDA), the All Ceylon Jamiyathul Ulama (ACJU) has said that they agree with the Hadith “No people will ever prosper who appoint a woman in charge of their affairs” and therefore a woman isn’t worthy of being appointed a Qazi (judge).
Rizvi Mufthi
The ACJU is the main body of theologians of Muslims in Sri Lanka.
In a brief document dated March 2017 of which the Colombo Telegraph possesses a copy, the clerics have said that therefore they oppose the appointing of female judges (Qazis).
The Hadiths, which was compiled at least 230 years after the death of the Prophet quotes Muhammad the Prophet of Islam as making the statement, the veracity of which has been questioned throughout the Islamic intellectual tradition.
The submission also includes the fact of the marriage of the Prophet to Aisha, of which the contract of marriage was said to have taken place when she was 6 years of age.
It uses the story as a justification for the marriage of girls who have not attained puberty.
Again quoting a Hadith the document says “A father giving in marriage his daughter before attaining puberty is possible and this is the evidence that Abu Bakr (RA) gave Aisha (RA) on marriage to the Prophet (PBUH) when she was 6”.
However, the narration is also a construct of later day scholars although documented in Bukhari, one of the most voluminous of the compilers and considered to be a Sahih (truthful) Hadith.
There has been no other evidence to the effect that Aisha was in fact 6 and that the marriage was consummated when she was 9 except for Hadith, which according to academics was compilation though hearsay. Muhammad is said to have been 53 years at the time.
The ACJU accordingly has made a sweeping conclusion saying they are against any female judge sitting in as a Qazi and that her edicts will be not binding as per the Sharia and will therefore be null and void. Instead the ACJU has sought to confine the female in a consultative capacity.
Adding insult to injury, the ACJU has justified its view using the same justification of Saudi Arabia- saying “It is to protect the rights, honour and modesty of women”.
The head cleric of the ACJU Mufthi Rizwe was yesterday on record saying that the MMDA is “perfect in the present state”.
Several organizations including Muslim led civil society groups and the media have highlighted and documented many issues of rural Muslim women suffering as a result of the MMDA, including many instances of child marriage.
Click here to read the full submission
justice / March 22, 2017
ISIS has laid down women’s rights.
http://news.nationalpost.com/news/isis-releases-guide-to-womens-rights-stay-in-your-houses-girls-can-marry-at-nine-education-to-age-of-15
Those in Sri Lanka who endorse these are potential ISIS recruits.
The government needs to take serious note of this situation.
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Althaf / March 22, 2017
Rizvi mufthi is a disgrace to the whole Muslim community. He should be removed immediately.
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Gemunu Putha / March 23, 2017
If you Guys want to follow “SHARI”A or any Mumbo Jumbo laws please leave this country and go to Arab countries. This is a Sinhala Buddhist country and if you want to live in this country follow our Laws or get out.
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Roshan / March 23, 2017
i agree with Gemunu, thr must be only 1 fking law and that is law of the country..
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fazlul rahman / March 23, 2017
So why send your women to Saudi Arabia to be flked? Roshan
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leslie k / March 25, 2017
good question but why do you send your women to saudi Arabia to get F –ed; more than one third of all housemaids are Muslim.
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Ahamed / March 22, 2017
All the other articles here author.. why do not we see a author for this post … can colombo telegraph demystify us on this … it really put your site in to questionable state
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Ahamed / March 22, 2017
I want to put below question before readers … This law has been in operation in Sri lanka for so long …so who asked for any modification ….where is the initiation to “Change” this came ? who ask such change ? are they sri lankan or foreign elements ??
if they are from sri lankans, what is the percentage of people demanding this change ? can any one provide the demography of people who are asking this change …
Even lets say that there is significant percentage of muslims ask this change, is it the burning issue sri lanka faces at the time, what is the priority of this issue again all burning issues in sri lanka…
if you can find the answer to this questions you will be cleared
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Just saying / March 23, 2017
It is about human rights, you jackass
If you think a 6 year old child is capable of deciding on a marriage based on outdated hearsay and that women are inferior to men, you are surely from the dark ages. Are you going to assure us that a young girl who has not reached puberty will not be grossly violated by her ‘husband’ when they are living as a couple in the eyes of this barbaric law? Chang is needed in all religions as we face reality and evolve – get used to it
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T / March 23, 2017
it is a disgrace that this law has been operational for this long and it’s high time it is removed, regardless of who initiated it. I would think that all civilized people, including Muslims, would want to prevent child marriage. Even if the majority of Muslims oppose this change (I can’t imagine why any decent person would), I’m sorry, we cannot allow child abuse in our country. It’s simply barbaric to marry off children as young as 14 or 15, I don’t care what any religion says.
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Mfzansr / March 24, 2017
Brother, MMDA is not divine act. It has many flows and there is no harm in changing it to fit to the present context. Rizvi Mufthi being so against the amendment is not justifiable and he will be held accountable to the victims of the short comings of this act.
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Salma Junaideen / March 22, 2017
Rizwie Mufthi (RM) is in the Justice Saleem Marsoof’ committee. It is unethical for him to express his opinion outside the committee.
When it suits RM, he and his ACJU colleagues explains or justifies statements in the Quran as contextual. For instance the controversial statement in the Quran about killing a Kafir is said to be contextual. I agree that it is contextual and it is a statement made in a war situation. Even pro slavery statements in the Quran are said to be contextual, But when it comes to statements in the Quran and Hadees regarding women, it is interpreted as if it is all times.
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K.Pillai / March 22, 2017
“……….. The head cleric of the ACJU (All Ceylon Jamiyathul Ulama) Rizwi Mufti was yesterday on record saying that the MMDA is “perfect in the present state”. ……….”
“Click here to read the full submission”
No thank you. Will not click here. Have had enough of this disgusting man. Do not judge the plight of Palestinians from such men.
Come to think of it – is this man a Mossad agent?
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jim softy / March 22, 2017
This is why the country is Fked up.
It is called Majority buddhist country. But, Some Sri lankans are still barbarians.
Tamils showed who they were during LTTE.
christians has showed the same thign during LTTE and they have not finished yet as the christian dominated media do not publish the true stories.
Catholics are not far behind from christians.
I value this ACJU guy. because he exposed who the majority in Sri lanka. dikless politicians are talking and talking in meeting into the Radio and TV and create a paradise in the future. But, this is the absolute truth.
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AJ / March 28, 2017
Tamils were forced by the LTTE but Budhists showed who they were during BBS terrorist uprisings
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Burt / March 23, 2017
“Women Are Not Equal To Men”
TRUE: They are just better.
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Rajash / March 23, 2017
in another post Muhammed Fazl says that Muslim Girl can marry as soon as they attend Pupperrty
The clergy goes one step further and implies that a Muslim girl can be married as soon she enters this world
..and Muslims are complaining that the LTTE chased them away from the NE…now the readers of CT know why
these guys should be chased away from Sri Lanka to Saudi Arabia where they can practice their releigion
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Ayoub / March 23, 2017
Before anyone makes sweeping comments, keep note if the following:-
1. Even though the title of the article is explicit, there isn’t any quote mentioned where the clerics day that women are NOT equal, nor is it the teachings of Islam. Islam teaches that men and women are DIFFERENT in their roles, capacities, strengths and weaknesses. But inequality is something interpreted by those who just don’t know any better. Even the article doesn’t provide such a statement.
2. In Islam, the mother is given a much higher status than a father.
So by no means is Islam degrading women. However roles of leadership are entrusted to the men for several reasons. Unless it is a leadership role exclusively for women.
The incident of young marriages was cultural and something prevalent in other parts of the world at that time as well.
Do not judge without getting a proper background. In much the same way it would be unfair to judge budhism based on BBS, Christianity based on the KKK, tamils based on LTTE and Muslims based on ISIS or any other affiliation.
Let us be civil and each mind or own businesses.
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Rajash / March 23, 2017
Ayoub “Before anyone makes sweeping comments,,,,,”
ha ha who is making sweeping statements?
it’s the sexually driven Muslim males who are making sweeping statements in CT
so you dropped the Khan
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jim softy / March 23, 2017
zdifferent views of muslims from extremist barberic practices to humane behaviour shows how the Islamic religious scriptures are.
All different interpretations.
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Sinhala_Man / March 23, 2017
Haven’t we had enough talk?
If we allow Muslims some separate laws, we have made a huge concession
I think that if we give one key order to Muslims: bring it much closer to the Law followed by all other Sri Lankans.
I think that I have commented enough n this subject!
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Native Vedda / March 23, 2017
Sinhala_Man
“Haven’t we had enough talk?”
This has been the problem for many decades, the noisy minority be it Sinhala/Buddhists, Tamil/Saivaite, Latin/Christian …. have been politically active and have attempted to impose their version/interpretation of religion, history, myth, perception of nation and governance on others. The country suffered and continues to suffer.
Now the noisy Arab/Muslim minority is embolden and very active on a world wide project, transforming the rest of the people/and countries into medieval Arab/Islam world, through back door.
Eventually the majority Muslims will lose their sense under constant pressure from these noisy Arab/Islamic minority. A close Muslim friend left this island 20 years ago, precisely for the this reason.
Where have all the the liberals gone?
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Lester / March 23, 2017
“No people will ever prosper who appoint a woman in charge of their affairs” and therefore a woman isn’t worthy of being appointed a Qazi (judge).”
That is saying that women should not hold positions of power. It is essential for Shariah, but not applicable to any free, democratic society. It clearly shows that there is a conflict between Shariah and conventional law.
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Wera / March 23, 2017
Rather than reject these insane hadiths for the sake of preserving the sanctity and holiness of there most holy prophet they go on this utterly stupid attack on women. This is the hallmark of fundamentalism. Of clinging onto every piece of crap written about their own religion. No wonder you are despised by the world. No wonder you are persecuted for no civilization will ever accept such rubbish. How on earth can you justify a 53 year old man having sex with a 9 year old and you think your laws should allow such practices? [Edited out]
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Dot / March 23, 2017
let all the educated and interested Muslim Women take it up with this cleric ..After all it was a Pakistani Teen ager who gave voice to the demands of the girls to be educated .Some of these issues should be left to the flock ,We Catholic women gave up on covering our heads at church services and even was admitted to the vestibule long denied and could hold the host for to administer the blessed bread at the alter , now I see a regression in SrIlanka not the world over ..Women are encouraged to cover their heads with fancy net .. and I hear the blessed host is placed once again on the tongue and not on the palm as its done the world over .So we leave it to the congregation to talk it over …..In their piety the holy people comply for what ever reason ..
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HouseHusband / March 23, 2017
There is some truth in this considering the mess we landed in under Mrs B and CBK.
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Ahamed / March 23, 2017
As Far as i See the issue of “Muslim Marriage and Divorce Act ” is the last weapon taken by the extreme elements in sri lanka who are trying very hard to create a ethical disharmony Muslims and majority. they have tried so many options so far, but muslim practiced a give up approach, in many issues. but they know that in this issue it can not be give up
Dear people of sri lanka,
think about it, use your brain. they may bring up so many buzz words they always use to create problems like “human rights” etc.
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Lanki / March 23, 2017
This stupid joker should not be allowed to preach. People like him should be locked up. Uneducated primitive rascal.
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ballah / March 23, 2017
This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/
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Lebbe / March 23, 2017
How do you know God wrote the Quaran? A fair and just God would treat all humans equally , I would have thought.
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Amarasiri / March 23, 2017
Lebbe
“How do you know God wrote the Quaran?”
It is all an excuse to maintain the hegemony of the Ulama and Mullahs. As many Muslims have low IQ and stupid, it makes it easier for the Ulama.
Instead of treating the Quran and Hadith as books of knowledge to be understood and interpreted only by Philosophers, those who have wisdom and knowledge to understand, as expressed by the great Islamic Scholar, Jurist, Polymath and Philosopher, Ibn Rushd, Averroes, these Ulama,Theologians, literally interpret..
For them, the the earth s flat, the Sun goes around the Earth etc.
For them, stupidity is a virtue. This is is the case for many Muslims as well.
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Rajash / March 24, 2017
“How do you know God wrote the Quaran?
you mean “How do you know Allah wrote the Quaran? “
Perhaps Allah delegated it to Muslim men who wanted to screw young girls.
and perhaps Allah signed on the dotted line without reading the small prints.
he should have gone to Specsavers before signing on the dotted line
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Lebbe / March 23, 2017
Under the Penal Code if you have sex with a girl under 12 , that is statutory rape, even if she has sex with her husband. The parents who facilitate that rape as Guardians commit an offence by aiding and abetting. The Penal Code overrides the Muslim Law and to that extent ML must be abolished. The Constitution expressly says that everyone is equally before the law and should be treated as such. So the Constitution of the Land allows women to be Kazis. Maybe someone should raise this in the Supreme Court.
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Ms Hassen / March 23, 2017
Comment
Men and women are treated equally with respect in Deen even though they may have different roles which Allah has given them. Everyone should take it responsibly so as to live harmoniously.Therefore to think that women are treated with disrespect or men vice-versa is uncalled for.If they both do good deeds they will be successful in Duniya and Akhirah. Take for example when Allah mentioned in Surah Ahzab Verse 35 these ten qualities that are found in both men and women thus:”Innal Muslimina Wal Muslimat (Those who submit men and women),Wal Muminina Wal Muminat,(Believing men and women)Wal Qanitina Wal Qanitat (obedient men & women)Was Sadiqeenah Wassadiqat (men and women who are truthful in speech and deeds),Was Sabirina Was Sabiraat (men and women who are patient)Wal Khaashi’eena Wal Khashi’at (men and women who are humble),Wal Mutasaddiqeenah Wal Mutasaddiqaat (men and women who give sadaqah charity Zakat etc),Was Saeeminah Was Sa’eemat,(men and women who observe saum fasting Ramadan and Nafil Fasts)WAl Hafezinah furujuhum Wal Hafizati (Those who guard their chastity immorality men and women) Waz Zakirinal Laha Katheeran Waz Zakeerat (The men and women who remember Allah much).All these people both men and women who possess these qualities Allah has promised them forgiveness and great reward i.e Paradise.So therefore everyone is treated equally in Deen and deeds irrespective of sex,sometimes women are given preference over menand vice veresa .Take for example the use of Gold and silk men are forbidden to wear or use them while women are allowed to use such things in Islam.Khadijah was the first human being to believe in the Prophet and she was the first to give him confort and console him at the beginning of his message and spent her wealth for the Deen to support the Prophet and his true message ,Sumayya was the first person among the whole humanity in the Ummah to give her life for Deen i.e to become Shaheed.So woman is the companion of man like Adam and Eve.
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Banda / March 23, 2017
Ms Haseen, if “Men and women are treated equally….” as you say in what context the Koran 2:228 says; “and the men are a degree above them [women]”? And Koran 4:11 says; “The male shall have the equal of the portion of two females” (Inheritance)?
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Ms hassen / March 23, 2017
Comment
Men and women are treated equally with respect in Deen even though they may have different roles which Allah has given them. Everyone should take it responsibly so as to live harmoniously.Therefore to think that women are treated with disrespect or men vice-versa is uncalled for.If they both do good deeds they will be successful in Duniya and Akhirah. Take for example when Allah mentioned in Surah Ahzab Verse 35 these ten qualities that are found in both men and women thus:”It (Those who submit men and women),,(Believing men and women) (obedient men & women)(men and women who are truthful in speech and deeds)t (men and women who are patient) (men and women who are humble), (men and women who give sadaqah charity Zakat etc),,(men and women who observe saum fasting Ramadan and Nafil Fasts)i (Those who guard their chastity immorality men and women) (The men and women who remember Allah much).All these people both men and women who possess these qualities Allah has promised them forgiveness and great reward i.e Paradise.So therefore everyone is treated equally in Deen and deeds irrespective of sex,sometimes women are given preference over menand vice veresa .
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EDWIN RODRIGO / March 23, 2017
The Mufti says: ““No people will ever prosper who appoint a woman in charge of their affairs”.
I am an atheist. But while working here in the Middle East I have come to know it better and respect it.
Such sayings as well as practices in Islam may sound strange if they are taken out of context. One must consider the time, social conditions and the context associated with them before making comments on them.
For example, the practice of allowing a man to have more than one wife is based on a number reasons, one of them being that due to the frequent tribal wars in Arabia at that time, the number of women by far exceeded the number of men. There was also the practical need of more people to fight these wars.
Islam is very precise and unambiguous and it has a rule for every situation that one may across in life. Even in the matter of polygamy, it is allowed under very precise and strict conditions. One has to have the means required to maintain all the wives one marries in an acceptable condition and one must treat all the wives equally.
Many of those who follow religions where polygamy is not allowed, indulge in extra marital sex. A tree spreads its seeds in many ways, to make the largest number of off springs possible. A tree has no mind but evolution has made it do so through the process of natural selection. So, we even see some trees resorting to exotic methods such as unpowered drones (Hora Kurullas) to take the seeds far and wide.
A man invests only little resources in producing his children and can produce hundreds of children in his life time if he wants to. But a woman invests a huge amount of resources and time on her children. She can have on average only one child per year and may be a maximum of a dozen or so in her lifetime.
Thus it is not strange that men are promiscuous and Islam recognizes this and makes controlled allowance for it rather than thoughtlessly banning it altogether – a ban that 90% break.
The matter of child marriage as well as why women are considered inferior to men, may have reasons that I do not know of. Perhaps a learned Muslim can enlighten us on this, rather than people exchanging vitriolic comments in the CT.
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Edwin Rodrigo / March 23, 2017
The 2nd para in my above comment should be modified as “I am an atheist. But while working here in the Middle East I have come to know Islam better and respect it.
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Banda / March 23, 2017
Rodrigo, To me, you sounds like an Sceptic than an Atheist. Anyway, my point is; it is rather strange that almighty Allah said nothing whatsoever about the context on interpretation of the Koran verses. So, it’s up to the reader/ulema to contextualize it. Ardent adherents today over emphasize the word ‘context’ to get out of tight corners driving a rift between modern and Orthodox Muslims.
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Edwin Rodrigo / March 23, 2017
Examining the meaning of the word Context
Interestingly, I raised the same question to my Muslim friends here in ME some time back. They are educated Arabs but not experts in Islam. They could not provide me with a satisfactory answer.
Context (Dictionary meaning): The situation within which something exists or happens, and that can help explain it.
Below I present what I found in web site: https://www.al-islam.org
Part 8: Examining the Context of the Verses of the Qur`an
Paying attention to the context of the verses, that is which comes before and after a particular verse (which we wish to comment upon) is in some ways, a branch of the sixth prerequisite of tafsir – consideration of the harmony that exists in all the verses of the Qur`an.
For example, we know that the Qur`an speaks about various issues and brings forth numerous verses in regards to a specific topic. In such an instance, referring to only one verse and neglecting the other verses would not result in anything but inexactitude and distancing oneself from the true goal of this Noble Book.
The examples are too long to give here.
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Ameen / March 23, 2017
This only shows the shallowness of the so-called religious leaders scholarship. It is because of such people that Islam is being seen as a religion of oppression instead of the progression which the Quran upholds and exhorts Muslims to embark on.
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Ameen / March 23, 2017
This only shows the shallowness of the so-called religious leaders scholarship. It is because of such people that Islam is being seen as a religion of oppression instead of the progression which the Quran upholds and exhorts Muslims to embark on.
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Anonymous / March 23, 2017
[Edited out] We are sorry, the comment language is English – CT
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Anonymous / March 23, 2017
[Edited out] Comments should not exceed 300 words.Please read our Comments Policy for further details.
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Sinhala_Man / March 23, 2017
World-wide let all religions flourish in whatever way they want to, subject to certain restrictions which ought to effectively emasculate them!
Insist on legislation World-wide (but in practice it’ll have to be in the Nation-State of Sri Lanka) to ensure that these religions get circumscribed in what they do. We should ALL be able to identify certain non-controversial basic human rights – but I’m sure that SOME religious fanatics will disagree: force them to accept, in Sri Lanka at least.
Education: the most important education will ALWAYS be imparted at home, from infancy onwards. There’s no way we can influence all that, so consistent brainwashing will continue.
Implement 14 years of schooling. Stop allowing schools which are intended only for certain communities. I can’t see us succeeding in removing religion from the curriculum, so let’s tolerate it. No Muslim schools in Sri Lanka. Schools with Buddhism, Hinduism and Christianity are less harmful, but if need be secularise the lot of them!
No trapping children under 18 in Marriage. No sexual contact whatsoever between Under 16s and Adults above 21.
I’m not for a moment saying that apart from that there should be free sex. Sex within marriage has been the norm, and nothing should be done to stop that from being the case. For children to be brought up “properly” a man and a woman in a stable relationship is recognised by most of us as necessary. For this the man has to know he’s the father! DNA tests will help. There is no substitute for the truth! Testing all in OUR country will definitely prove that that for at least 98% of the people, the majority genes are South Indian! End of racism!
This man has stated somewhere that he has had his DNA tested, and the result was as I have predicted:
https://www.colombotelegraph.com/index.php/is-sri-lanka-ready-for-global-nationalism/
It won’t be difficult for you to find out whose who he is. Now married to a white woman is what I gather – but they live in America, and writes eminent common sense. So his kids will not be Sri Lankan.
I haven’t undergone a DNA test, but would be quite happy to!
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Kapila Vidanagamage / March 23, 2017
[Edited out]….islam terror
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Kapila / March 23, 2017
Islam is a terrorist religion…Rezvi is a terrorist, Muhammed is a Rapist who kept under age girls….and he is pervert, now u know what kind of religion is it….
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