By Hilmy Ahamed –
Hilmy Ahamed
After nine years of snail-paced deliberations, the Justice Saleem Marsoof (JSM) Committee Report to reform the Muslim Marriages and Divorce Act (MMDA), sometimes called the Muslim Personal Law (MPL), is out at last, BRAVO!!!.
The Chairperson of the committee, Justice Saleem Marsoof handed over a report to Hon. Thalatha Athukorale MP, Minister of Foreign Employment and Minister of Justice on the 22nd of January 2018. It is regrettable that the JSM committee could not arrive at a consensus among the learned members who sat for a record nine long years.
The report submitted by the Chairperson Justice Marsoof has already hit the fan with the majority in the MMDA committee disputing its validity. They claim that the Chairperson has submitted a report that did not include the recommendations of 9 eminent members who signed off on their report and handed over to the chair on the 21st of December 2017, which has not been included as part of the main report as agreed but relegated to the last without any special mention of the process. It is also claimed that a non-member and two others who did not attend any meetings of the committee too have signed, which may invalidate the long awaited report.
They also complain that the Chair did not even have the courtesy to share his final report amongst or inform the committee before submitting it to the Honorable Minister. The Chair should have invited at least a few of members to take part in handing over the report to the Hon. Minister. After all, nine years of their valuable time was spent on this report that may now be relegated to the dusty shelves of the Justice Ministry.
There are also accusations that the date and time of submission was leaked to some activists so that they could stage a protest outside the Justice Ministry to get maximum media coverage. A justifiable claim considering the fact that the activists lined up outside the Ministry to protest during the time of the submission, while the committee was unaware.
The nine eminent members who form the majority group in the MMDA committee include Former Attorney General and current member of the Constitutional Council, Mr Shibly Aziz PC, Mr Faisz Musthapha PC, Hon. Abdul Salam, former Judge of the Civil Appellate High Court; Hon. Justice Mackie, Attorney-at-law Fazlet Shahabdeen, President of the Jamiathul Ulema; Ash Sheikh Rizwe Mufthi, Secretary of the Jamiathul Ulema; Ash Sheikh M.M. Mubarak, former Director of Jamiah Naleemia; Dr. M A M Shukri and the former Chairman of the Quazi Board of Review and Attorney at law Nadvi Bahudeen.
The long delay in the report seeing the light of day was mainly due to the Committee being divided as two groups – one that had the majority of the members claiming to take a stand based on Islamic principles while adapting to modern realities, and the other claiming to take a position of a rights based approach while being within the principles of Islam; The Chair miserably failed to negotiate a consensus.
The delay in submitting the JSM report prompted the former Justice Minister Wijeyadasa Rajapakhe to propose to the then Cabinet the need to amend the MMDA Act urgently as some provisions in the Muslim Law including the lack of a minimum age for marriage did not conform to the norms stipulated in certain international conventions. A Cabinet sub committee was thus appointed in October 2016 but that Committee decided to wait for the JSM report before taking any further action.
Rights groups, including Muslim and other women activists claim that some sections of Act 16 (1) of the Constitution which governs Muslim personal law is a violation of basic human rights of women while the majority in the Muslim community insist that it adheres to their religious rights and obligations. They also accuse the Chair of taking the side of the minority group within the Committee without being an independent mediator.
Justice Saleem Marsoof who has done extensive research in to Islamic jurisprudence explains the Muslim Marriage and Divorce Act (MMDA) in his paper “Insights into Sri Lankan Family Law”. The current MMDA in Sri Lanka exists after going through several modifications and reviews from the Muhammedan Code of 1806 to what is now called the MMDA of 1951. The Muhammedan code originally was brought to Sri Lanka from the current-day Indonesia that was established during the Dutch rule in 1770 and has prevailed since then.
The Sri Lankan Parliament first enacted the Muslim Marriage and Divorce Act (MMDA) in 1951 to govern the Muslims of Sri Lanka. This law has been amended a few times to fill in procedural shortcomings. During the last 30 years, Muslim women activists have been demanding amendments to the act, which they claim discriminates against Muslim women.
In 2009 the then Minister of Justice Milinda Moragoda after having extensive discussions with several eminent Muslims, acknowledged that certain reforms to the Muslim Personal Law was urgently needed. He obtained Cabinet approval to set up a 16-member committee consisting of senior legal personalities, heads of the All Ceylon Jamiyatul Ulema (ACJU), Lawyers, and Academics and members of civil society organizations. The letter appointing this committee has also been attached to the said report. The JSM Committee was headed by Justice Saleem Marsoof, a respected Judge of the Supreme Court to “Consider and Propose Reforms to the Muslim Matrimonial Law and Upgrading of Quazi Courts in Sri Lanka”.
The JSM Committee appointed by Hon. Milinda Moragoda comprised of Justice Saleem Marsoof PC (Chairperson), Justice Abdul Salam, former Judge of the Civil Appellate High Court; Justice Mackie Mohamed, former attorney General and current member of the constitutional council Shibly Aziz P.C, Faisz Mustapha P.C, Deshabandu Jezima Ismail, President of the Jamiathul Ulema; Ash Sheikh Rizwe Mufthi, former Dean of the Law Faculty of the University of Colombo; Prof. Sharya Scharenguivel, Attorney-at-law Razmara Abdeen, Attorney-at-law Safana Gul Begum, Attorney-at-law Fazlet Shahabdeen, Secretary of the Jamiathul Ulema; Ash Sheikh M.M. Mubarak, Member of the Mediation Commission; F.B. Juranpathy, former Director of Jamiah Naleemia; Dr. M A M Shukri and the then Chairman of the Quazi Board of Review Nadvi Bahudeen. Ms Dilhara Amerasinghe, acted as the Secretary to the Commission.
The Committee sat through the deliberations for 9 long years, and has sent out a report that has no consensus among the 16-member committee. This could lead to major conflict between the activists and the majority of the Muslim community on the MMDA.
One report has been signed by a majority of 9 and delivered to the Chair on the 21st of December 2017 which the Chairperson and the activists do not agree with, and hence have submitted their own report. On the other hand, the majority group claims that there are certain provisions proposed by the dissenting group, which could be in contradiction with Sharia that is followed by Muslims. This is a debatable question as many Islamic countries have changed their laws in recent times and issued fatwas that may or may not be compliant with the Muslim Marriage and Divorce Act as practiced presently in Sri Lanka.
The Activists and the minority group within the Committee claim that Justice Marsoof has extensive knowledge and has researched on Muslim Marriages and Divorce Acts across the world, while the majority feel that he has been made a pawn in the hands of the Activists. They also claim that the Chair has not acted as an independent Chairperson and hence divided the Committee, which has resulted in two reports.
The majority group that includes the All Ceylon Jamiathul Ulema (ACJU) has come under severe criticism in recent times for promoting archaic and rigid interpretations of Islamic practice as claimed by some Activists. They have managed to garner wide media attention against ACJU, which painted these Muslim religious leaders in Sri Lanka as medieval thinkers and extremists. The majority of Muslims feel that the stand taken by these religious leaders is based on divine law and cannot be changed on the whims and fancies of ‘modern Muslims’.
The Muslim Marriage and Divorce Act deals with personal laws concerning the Muslim community in Sri Lanka. Article 16 (1) of the Sri Lankan Constitution states that “All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter,” thereby diluting the supremacy of the Constitution by allowing the Muslim Personal Law to supersede it.
The General Marriage and Registration Ordinance (GMRO) clearly states that Muslims cannot marry under any other law except the Muslim Marriage and Divorce Act (MMDA). The MMDA reigns supreme where Muslims are concerned, despite the Constitution’s existence. It simply means that a Muslim’s marriage would be illegal and could be annulled if they married outside the MMDA.
The 1907 Sri Lankan General Marriage Registration Ordinance (GMRO) is applicable to all citizens of the country with the exception of Muslims who marry within their faith. Two communities – the Kandyan Sinhalese and Sri Lankan Muslims have separate Acts for marriage and divorce, on the basis of ethnicity and religion respectively. The present Muslim Marriage and Divorce Act (MMDA) was enacted in 1951.
Kandyan Sinhalese too have the option of marrying under the 1952 Kandyan Marriage and Divorce Act as well as the GMRO. However this option does not extend to Muslims as only the Muslim Marriage and Divorce Act of 1951 (MMDA) governs Muslims who marry another Muslim (including reverts to Islam). Muslims however are allowed to marry partners who are of a different ethnicity or religion under the GMRO.
If reforms to the MMDA would mean that the fundamental rights of Muslim citizens would be protected and not violated, then Article 16(1) should not be such a major concern. Only in the event discriminatory provisions contribute to be present – the absence of Article 16(1) is seen as an alternative legal remedy to address issues faced by Muslim women, men and children in matters of marriage and divorce through civil courts like any other Sri Lankan citizen.
Muslims have faced the wrath of some Buddhist extremists during the last decade that led to the majority of them voting against Mahinda Rajapaksa, who was seen as providing impunity to the Bodu Bala Sena. Any attempt by the current Government to repeal 16 (A) of the Constitution or amend it without the consent of the majority in the MMDA committee would be seen as trespassing on the rights of the Muslims. Like Wimal Weerawansa’s constant claim of “International Conspiracy”, the Muslims feel that this is a conspiracy hatched by the Government to please Geneva.
It is a sad fact that after 9 long years for this much-awaited report, the Muslim community continues to be divided even on issues that govern them. The Muslim Personal Law that the Muslims have enjoyed under section 16 (1) of the Constitution has become yet another dividing factor, where there have been calls by some activists to repeal it.
The Hon. Minister of Justice would do well to summon the entire committee and inquire in to the dispute prior to submitting it to the cabinet sub committee that was appointed in October 2016. This committee needs to consider the submissions of the majority group of the JSM Committee so that the Muslims could amend the laws that govern them while adhering to their religious rights and practices.
Ad / January 28, 2018
To hell with religion which does not offer freedom and happiness. Best religions are those who offer peace freedom and happiness. God will still remain one. No need of virgins or heavenly life. Let God take care of that. Women need peaceful life on earth.
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Real Revolutionist / January 28, 2018
Ad
Best religion is not having religion; or make secularism the religion
That’ll surface humanity to it’s maximum.
Do you want a god to tell you
1. to be kind 2. to love 3. not to steal 4. to be selfless 5. not to engage in adultery 5.not to do things that affect your/others health 6. not to be jealous 7. not to utter untruth 8 not to take intoxicants etc. you name it we have it
All the good things that gods have told aren’t beyond human understanding so what’s the purpose of god
It’s god who’s divided people it’s god who has set people to fight with each other.
If god is almighty why can’t he appear, why can’t he tell about his creator, why can’t he tell us the reason for the creation, why can’t he tell us where he had been before creating the universe, why didn’t he equally distribute wealth, why did he make some fortunate & some less fortunate & some unfortunate,
Why can’t he stop wars
So whether there’re gods or not we, the humans can look after ourselves
So for the sake of humanity forget the god
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Ben Hurling / January 28, 2018
Learned JSM Committee sat for 9 long years without reaching consensus? LOL! They are anything but, learned. What does that tell you about religion? Who are these people to rule over other human beings born free? Why do we accept this? Injustice of this sort should take 5 MINUTES to resolve. In this time and age. APPALLING!
PS: This is not a Muslim affair. This is a Sri Lankan affair. If any Sri Lankan woman must live under these uncivilized laws, we have let them down. Please kick out die-hard Ulama monkeys to barbaric Saudi or fanatical Iran. REPEAL MMDA NOW! ONE COUNTRY, ONE LAW!
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ThanthaiChelva / January 29, 2018
Agree. And we don’t need different laws for different people based on religion.
Just one law for all Sri Lankans. End of story. If anyone wants to marry a female under the age of 18 or multiple marriages, they can live in Afghanistan.
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Amarasiri / February 2, 2018
Hilmy Ahmed,
You say, “It is regrettable that the JSM committee could not arrive at a consensus among the learned members who sat for a record none years”
Yes, it is regrettable and expected,, because. half the committee with Rzvie Mufti, are brainwashed idiots, who do not know reason, and it is very unfortunate that the other half had to put up with these idiots for nine long years.
Solution: Get rid of the Mufti Rizvi and their idiotic cohorts.
Is the EARTH spread OUT LIKE A CARPET, AND THE MOUNTAINS ARE PEGGED? Good questions to ask Rizvi Mufti and his cohorts.
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K.Pillai / January 28, 2018
MMDA1951 is outdated because it contains aspects which violate human rights.
During the inhuman apartheid regime in South Africa some theologians attempted to justify the practice as God approved. They produced religious writings which may be interpreted as condoning the dastardly practice.
When Hindu Temple entry issue came up, some bigots claimed that this was God given
The discrimination of untouchables in India was outlawed in spite of bigots said that caste-system was enshrined in religious works.
Needless to say that KKK is religious based.
All the above are examples of human rights violation and governments have acted in a civilized manner.
It is a matter of time, MMDA1951 will get dismantled. This is in the hands of Lankan Muslim politicians. Their silence is disgusting.
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Jim softy / January 28, 2018
Mr. Hilmi Ahmed. ISlam philosophy looks like written by Hindus. Creator created humans from different parts of the body. so some humans are inferior to others. IF not If the Creator created every human being, why males have to dominate women. Why simply You Hilmi ahmed think your mother is inferior to your father, your sister is inferior to brothers and your daughters are inferior to sons. Females Simply can not have their own life because THE CREATOR SAID SO. Don’t you see the male domination there and not the Creator. Why you muslims stay so primitive and do not talk against the wrong philosophy. why do you beat around the bush instead of talking honest, logical and humane.
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Zainab / January 28, 2018
I like how this chap has thrown the word majority around to convince himself that the ACJU lot is in the majority. Also to call that group eminent is stretching the word way too far :)
lot of speculation, why is this guy the ACJU spokesperson? cant these so called “majority group” speak for themselves?
Wonder why majority of the women are in what you call the minority group? is it emblematic of how women are treated in the Muslim community? couldnt it be because women are the one MOST affected by this law and the system?
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Shakthi / January 28, 2018
Madam, learn how to count. 9 out of 16 is a majority. Can teach you maths if you need help
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Al-faqurlah / January 28, 2018
Srilanka is a Buddhist country and all laws enacted have to conform to Buddhist values such as compassion and equality. We cannot allow barbaric Sharia law to have precedence over it in any matter. If any Muslim does not wish to accept this have every right to leave for any country having barbaric practices. Buddha said that man becomes great only by his deed and not by his birth. Under this teaching women cannot be discriminated in any way just because Islam says so. When a matter concerning women’s rights is being discussed, the panel should consist of all women or at least the majority. On what moral basis Muslim men can decide what their women should do in this age of gender equality. It is time Buddhist tell these Islamic fanatics where to get off and stop interfering with our country. The story that Sharia law is divine is nonsense, as Allah does not exist. Buddha had correctly stated that man is the master of his destiny, and therefore to bring in a non entity like Allah to stake uncivilised claim amounts to blasphemy.
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Manel / January 30, 2018
Try to make your points without stooping down to racist undertones.
This may be a Buddhist majority country, but no majority should act with arrogance, when it is a multi religious country, with many other religions. The majority must show it’s “tolerance” and allow the respect the minority, and their religions too. Did you get your training in Israel?
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Real Revolutionist / January 30, 2018
Manel
Open your eyes to the truth
Carefully see whether there’s racial content above other than the truth. Majority tolerate & that’s why there’s peace in this land.
Never let injustice to go hidden in the kindness & love & sensitivity of women (assume you’re a female as name suggests).
Don’t live in fools paradise & let not Muslim women to live in it.
Uphold the truth whether it comes from SL or the USA or Israel etc.
You seems to be having racial attitude towards Israel?
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Sarrij / January 29, 2018
S.
Undoubtedly you are a wizard in math; you know how to add.
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Amarasiri / February 4, 2018
Skakthi,
A majority of brainwashed idiots who follow Mufti? Do they have 46 chromosomes? What about Chromosome # 2? Was it formed by the fusion of two primate chromosomes?
Read about Ibn Rushd, aka Avorroes. Theologians do not have common sense and intelligence.
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Sarrij / January 29, 2018
Z
Spot on.
When political hacks under the guise of “knowledgeable experts” get appointed to committees; the conclusion is invariably a joke. MMDA in its present form has no input from Muslim Women at all; it is a relic of the past and needs drastic changes with input from women. These “dirty”attempts under the guise of “Islamic Law” to maintain the status quo should be ignored.
The law of the land should be applied to all, equally, male or female.
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ekelbroom / January 28, 2018
Shariah laws are divine and therefore immutable. Be that as it may. However, what is applied to the Ummah are Fiqh laws which are interpretations of Shariah laws which in turn are naturally contextual. As the context evolves in time, place and other independent variables, it is absolutely essential that the Fiqh laws be re-interpreted to benefit all members of the Ummah. Unlike Sharia, Fiqh is NOT cast in stone. Muslim Sri Lankans are a minority living in a predominantly non-Muslim country. We should amend our Fiqh laws accordingly instead of stubbornly sticking to interpretations adopted in Muslim-majority countries.
Remove the clause in the General Marriage & Registration Ordinance which prevents two Muslim Sri Lankans from marrying under any law except the MMDA. Let the onus of making the choice of marriage registration (General or MMDA) devolve on the shoulders of the individuals concerned. If they have committed a ‘sin’ in the eyes of the Almighty, then let them be punished accordingly on Yawm al Qiyaamah (day of judgement). In the meantime, who knows, the couple may enjoy their own form of ‘heavenly bliss in marriage’, while proving to be better Muslims than those who opted to be married under the MMDA. Is this what the Conservatives are secretly afraid of ? They should recall the words of the Almighty “There shall be no compulsion in the acceptance of the religion” (Quran 2:256). It is the duty of the Scholars to guide and advice, not to act as enforcers. Merely compelling a person to adhere to Islamic rules will not ensure that he becomes a good Muslim. A Muslim must be judged by the way he conducts himself in society so that he becomes an epitome of good citizenship in a multi-religious society.
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Real Revolutionist / January 28, 2018
Ekelbroom
Don’t you like to get relieved from the burden probably you’ve been having on your head from the childhood? (your dad planted it in you)
Well, if you like do what I say;. You want a bit of bravery for that.
Think for a day that there’re no gods, live without praying for the whole day. forget temple/church/mosque etc. & feel the lightness.
If you like it continue for another day.
If you feel fear or imbalance stop it.
Then you’ll start to feel the burden again. I’m sure if you can stand on your own you’ll select to forget god and enjoy freedom.
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ekelbroom / January 29, 2018
Thank you, Real Revolutionist, for your kind suggestion. Let us hope that it becomes the focus of an animated discussion that may follow an appropriate article on this subject if and when it is published in CT someday. At that point in time, I may even produce one or two ontological arguments to prove the existence of ‘God’ to enliven the discussion. However, the matter of amending the MMDA is of too much importance to the Muslim Community for us to be detracted by other issues at the moment. So be patient, Comrade, I have in fact read Robert Buckman’s classic book ‘Can we be good without God ?’.
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Sarrij / January 29, 2018
e.
V. relevant explanation. Most SL Muslims do not understand the difference between Sharia and Fiqh ; they seem to think one and the same. One other critical point; the concept of critical thinking in Islam has to emphasized and encouraged.
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ekelbroom / January 29, 2018
It is not quite clear as to which side of the fence Brother Hilmy Ahamed stands regarding the final Report of the Justice Marsoof Committee. Every Muslim Sri Lankan must favour the opinions of either the ‘pro-change’ of ‘anti-change’ groups. The time for sitting on the fence is over. His use of the terms ‘majority’ and ‘minority’ groups within the Commission tends to create the impression that in accordance with democratic principles, ‘might is right’. Moreover, the continued reference made to violations of Shariah law is also a red-herring argument. Any amendments to the MMDA does not require the violation of the divine Shariah laws. It only necessitates the amendment of man-made Fiqh laws. As Brother Ahamed informs us, the MMDA (1951) was based on the Muhammedan Code brought to Sri Lanka from Indonesia, a Muslim-majority country. The Fiqh laws would have been developed accordingly to suit that specific context. If over the subsequent years, Indonesia could have had the wisdom and courage to amend their Fiqh laws to include the appointment of female Quazis, why are the learned ‘Scholars’ in Sri Lanka stubbornly insisting that it contradicts our own Fiqh laws which were imported from Indonesia ?
The Muslim Community has reached this impasse after nearly 9 long years. Suggesting that the present Minister of Justice act as go-between to resolve the differences between the Majority and Minority groups is a non-starter. If a group of Muslims cannot follow the advice of the Holy Prophet (sal) that any differences between them should be resolved through the processes of consultation and compromise, then there is a problem.
Do the rights of an individual as a God-created human being override his/her rights as a Muslim ? Or, do the rights of an individual as a Muslim override his/her rights as a human being ?
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Hilmy's Spokeswomen / January 30, 2018
Facade is to trick you expert in English. Saleem Marsoof tricked the majority of members by encouraging them to write a separate report and throwing it away. Wonder whether he schemed the same way while at the supreme country bench. He probably would be sued for his betrayal
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kolla / January 28, 2018
You mean farce or is it facade? The two have different meanings. You mean the report is superficial or only a show without substance ?
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Pasel / January 28, 2018
What is important for the country since 2009 (after the war end) didn’t finish the reconciliation
Law should be equal everyone not by their religion
Religion you believe and practice bucks stop there
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Lankan one / January 28, 2018
What do know about Islamic law and it’s theory. Every one talk about it..
But really a few have good thorough knowledge on this subject.
Issues of public interest; legal devices of all Islamic law should be based to come to terms with this reformation.
Mare literal interpretation would not help us at all.
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Rishard / January 28, 2018
In Islam, taking interest is prohibited. Didn’t scholars find a way out for Islamic banking to cheat Sharia? What more, the word Interest has become Profit, with more or less the same thing playing with the concepts to do exactly the same thing. Many big mouths will come up with the different explanation now, but the truth is the truth.
Why not we find some other jilmaart here too, especially this is a human-rights related issue, not just a business?
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Sarrij / January 29, 2018
R.
The problem here, there are no scholars on Islam of any repute in SL. Political hacks get appointed as experts and have difficulty producing any tangible report causing the status quo to prevail or some jilmaart as alternative; it”s never ending. SAD. !
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Mallaiyuran / January 28, 2018
Election time! Sharia-Yahapalanaya government has timed the report come out and creates controversies so they harvest on it appropriately. It was expected the Muslim Misogynist come here and cry through the nose, once the report is released.
Hilmy, as usual, playing many games to keep his bias floating. One is, he sighting the Majority-Minority debate. He hope this naturally bring all the Sinhalese to his side. Old Royals purposely formed a male extremists only commission to investigate a complaint of women that their rights are being violated. Now Hilmy is inventing “Minority: Majority” out of Muslim Males only commission. An Extreme dirty trick! Here the trick is, Hilmy hitting hard on the Sinhalese’ weakest point, because Hilmy knows that Sinhalese, by dumbest, think Majoritarianism is the democracy. First thing is the commission dragging for 9 years makes its report invalid and over manipulated by the powerful interested parties. Apparently Shady Justice delayed the report all these time because he was naïve to talk the correct, out and frank. Shame on him!
Let me ask a question; if there is a question of merging North-East, will the Sharia – Yahapalanaya Government appoint Tamils only commission to that? So, why, when there is countrywide question of women’s right is involved, Muslim Males only commission appointed?
Minimum 75% of women (if not 100%), not exceeding over 25% men, commission had to be appointed.
Further, the next commission appointed should have other communities also included. The most important reason for that is Hilmy has shown the Kandyan Marriage law. Apparently it is a parallel law like MMDA, as per Hilmy. This demonstrates that any changes to MMDA will have severe repercussion on the Kandyan Marriage law too. So the women and men who are under the Jurisdiction of Kandyan Marriage law should be included in these discussions. That is how the Desavazhamai people too.
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Mallaiyuran / January 28, 2018
Then the time has to be limited to three months. If the commission fails to produces a cohesive report with in that period, Minister has to act on her own to restore the Muslim Women’s fundamental rights. Minister must remember one thing; she is asked to restore the women’s right. She cannot accept somethings from Saudi Arabian Colonist Abulazee through Hezbollah or Hakeem or Rishard or any other Muslim Minister and screw up women right further. She has to review commission report only to determine if there is any substantial, valid reason cited there that why she should not bring Lankawe women’s right to in parity with International Standards. Why Lankawe cannot walk along with IC in Women rights! Because those women are Buddhists or Muslims…… or something …something is not a valid reason. IC laws are there only to deter that kind of discriminations
After all these, instead of this Shady Justice, it can be a Sinhalese, Tamil or Muslim, but an effective Chairperson has to be appointed. Commission’s head is not a voted in Cultural President of Lankawe. Her/his first trait has to be the analytical ability. She review the member’s opinion on the grounds of intellectual contents, progressive thinking, international obligation, fair thinking across the divisions like, gender, religion, race….. She rank the opinion based those ground. Summarize the discussion. Then she tells the minister what needed to the futures, not the past old legends created 1 1/2 millennium ago in an Arabian desert.
All religions have bad practices. All have to go. New Crook should not use this Shady Justice and Hilmy Ahamed to substantiate him baring women working from Hotels and Restaurants, but sending them as slave workers to Abulazee, Middle East subjects.
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sinhalese buddhist / January 28, 2018
Hilmy
I read through the names of the committee members. I am not too familiar with the gender denoted in arabic names. Were there any women in this committee? Or was it comprised of men only?
If the latter is the case, then are they talking about same-sex marriage between men? Otherwise it should be logical to comprise the committee with 50% women, right?
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Fazly Azeez / January 28, 2018
This bloody good for nothing justice doesnt know to deliver justice
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Chlamydia / January 28, 2018
Plus side of Taleban is if a Taleban man marries a second wife, he doesn’t have to change his wedding photo! Hee hee. Why? because they are all clad in Burqas like what the Islamic radical extremists in Ceylon also try to impose on Tamil Moor Sri Lankan Muslims.
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One Shot / January 29, 2018
It looks as if Hilmy Ahamad who has authored this article, neither knows his English nor any mathematics. Even a school boy will know that in an 18 member Committee, 9 is not a majority, and the Chairman will be entitled to a casting vote to make any decision on a 10-9 basis. Hilmy Ahamad says that the MMDA Report of signed by its Chairman and 8 other members of the Committee on 20th December 2017 is “a façade”, which according to the Cambridge Dictionary means “a false appearance that makes someone or something seem more pleasant or better than they really are”, and how did he come to that conclusion without reading this document, which is not in the public domain? He also says that the ACJU, Faiz Mustapha and Shibly Aziz clique is in the majority as 9 persons have signed their opinion prepared and signed on 21st December 2017, to which he seems to be privy, but it is obvious that it does not do justice to the long suffering Muslim women in this country. He complains that the opinion of this clique has been relegated to the last page, but chronologically, isn’t it its due place? According to news reports, this clique sabotaged MMDA meetings throughout this year, while there was tremendous pressure exerted by the Muslim community on the Committee to come out with its report early and end this 9 year saga. Former Minister Millinada Moragoda has in a twitter statement expressed satisfaction that the long wait is over, and the recommendations of the Committee should be published and implemented without delay. Let the Report be made publicly available immediately for the people to judge after reading the contents of both documents, without making half baked comments that can cause more harm than good!
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Sarrij / January 30, 2018
OS.
HA’s poor English and his bias and innuendos certainly makes his comments half baked.
Already, it’s nine years since this undertaking to produce this report at the expense to the tax payer. Is the impending elections causing the delay?
The Muslim women who obviously will be the main “target” of this commission report would, I am sure, be keen to read the report before casting their vote.
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ayesha Saleem / January 30, 2018
I am mot sure whether the committee comprises of 18. Hilmy is writing as 16 appointed by Milinda Moragoda. How come there is even a conflict in this number. Could any one explain
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Hilmy Ahamed / January 31, 2018
Dear knowledgeable ONE in English and Maths, congratulations on your ability to misrepresent. I will soon come to you for a few english lessons.
For your information, Former Justice Minister Milinda Moragoda appointed a committee of 16 and not 18 and the 16 included the chair too. So, your math about 10+9 is school girlish! to say the least. The letter of appointment by Milinda Moragoda is annexed to the report and you will see it if the report ever reaches the public domain. Don’t worry, this would be leaked by vested interests otherwise as the timing of handing over the report was leaked. Further, a secretary was appointed to do the administrative work and not as a member of the committee. She too has signed as a member. There are also people who never attended any meetings too have signed. The minutes would confirm their absence. And with regard to your knowledge in English, the meaning I know of facade is “a superficial appearance or illusion of something”. Please correct me if I am wrong when I come for my lessons. In My opinion JSM in writing a report that was not what had been expressed by the majority has created a facade.
For your information, I have been negotiating with the two groups including JSM as a Muslim activist to come out with a single report that would have the agreement of both factions. I have undisputable evidence if required. This was merely to ensure that the progressive amendments would benefit the Muslim community, especially the women. I have also had the privilege of taking some women’s activists to the majority group which in my opinion was VERY successful. The final report sent by the majority group accommodated most of the suggestions by the women’s group. There were two unresolved issues which were considered religious. The final report submitted by JSM does not include the miles the majority group walked. That is my opinion traitorous.
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One Shot / February 1, 2018
Mr Hilmy Ahamed
If you have undisputed evidence why don’t you come out with it without writing like a child? Or are you simply being backed by some ulterior motives to discredit the views of some of the members of the reform committee? Let us see whether what you say is true when the report does come out. Be rest assured, it will be made public. Why else do we have a aright To Information Act? And when it does, we will all know about the kind of shoddy journalism you are quit famously reputed for. Grow up old man!
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Sarrij / February 1, 2018
HA
Were you a part of the commission to act as a negotiator or get invited for your views?
It’s all puzzling.
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Shameel Rajab / February 3, 2018
Hi ONE and only.
You continue to insult hilmi for coming out with the truth which has exposed the ladies man marsoof. He has been caught by his ba…ls by a few women who seems to be giving some kind of a pleasure. The group that has objected to this idiotic judge compromises some brilliant legal brain including an attorney general, two justices and two eminent lawyers. So, you think that your pussyfooting ex judge is better than all these legal experts. I think you might do well to undress in front of the stupid man so that he will give you some pleasure
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ekelbroom / January 31, 2018
The efforts made by Brother Hilmy to act as an unbiased intermediary between the ‘majority’ and ‘minority’ groups in the MMDL Committee should be appreciated and commended by the Muslim Sri Lankan Community.
It is unfortunate that despite his best efforts, serious differences continued to exist between the two groups as to the specific clauses of the MMDL which should be amended (e.g. Female Quazis) and/or the extent to which such amendments should be made (e.g. Age of Marriage).
Brother Hilmy refers to a ‘final report’ submitted by the majority group (obviously to the Committee). This suggests that over the past 9 years, the differences in opinion between the 16 members had become so severe that an unbridgeable chasm had developed between the two groups of Muslims. Why did not the Chairman of the Committee at that stage inform the Hon. Minister of Justice of the day that the Committee had reached an impasse ?
The final report of the majority group and the Chairman’s final report will soon seep into the public domain. I will not be surprised if CT reveals these reports first. These reports will provide the non-Muslim Sri Lankans with more evidence of the extent to which Muslims are divided and confirm their perception of our Community as largely consisting of extremists with medieval mindsets. Unfortunately, the release of these reports will also provide (Muslim and non-Muslim) critics an opportunity to launch ad hominem attacks on specific members of the Committee. Such attacks are already visible on CT.
In expressing his opinion and possibly his dissatisfaction, did Brother Hilmy unwittingly open the flood-gates to such verbal torrents by referring to the content of the final report submitted by the Chairman as ‘traitorous’ ?
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Real Revolutionist / January 29, 2018
Muslim people have to make sacrifices to live peacefully in this country where majority are Buddhism inspired people who enjoy freedom of expression to the highest level.
(may be except in politics)
That doesn’t mean that they’re perfect.
They should know that it’s not racism when people comment about others religions because the majority’s knowledge about god is different & logical.
Buddhists question every thing, they don’t tolerate discriminating anybody living in the country even behind the teachings of any religion.
Muslims know very well that Sinhalese welcomed them to this land because of their friendly arrival & allowed to live in any part of the country. They shouldn’t take it as weakness of the majority.
MMDA is very sensitive issue, Muslims came here & married Sinhala & Tamil women, though generations have passed the majority have a responsibility for their freedom & rights, . So the request to our Muslim friends & brothers is to change their aggressive attitude towards women & the majority community.
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Rtd. Lt. Reginald Shamal Perera / January 29, 2018
One thing I kind of agree with the Mussies is FGM. I mean why is it ok to cut the genitals of a baby boy but it’s not good to cut a baby girl’s clitoris? Cut ’em all off.
I support FGM just like the Mussies do.
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Mohomad / February 5, 2018
Rtd stands for a retarded slave.
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Suresh Prematilake / January 30, 2018
Saleem Marsoof after sitting on this for 9 years has delivered a stillborn baby. It will never see the light of day
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Sarrij / February 1, 2018
SP
It’s a lifeless child inside or outside the “mother’s belly’.
Nine years to produce this child instead of nine months is far too long.
Time to ditch this effort and ignore the non existent “experts”.
The “marriage laws” of the land should be universal without any exceptions. IT’S EASY/
The way to go “YAHAPALANAYA”
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Real Siva Sankaran Sharma / January 30, 2018
This means there was no Mohommedan code practised in any part of the country until the Javanese Muslims ( now called Malay in Sri Lanka) were imported into the island by the Dutch from what is modern Indonesia around 1775. Hilmy has given the game away , the so called Muslim population in the island prior to the arrival of these Javanese/Malay Muslims , was negligible in the island until that time and they were hardly of Arab origin as they badly want to portray , otherwise they would have been practicing the Sharia or some Gulf Arab Islamic customs. . They were of Dravidian South Indian origin and despite being Muslim ,practicing Tamil customs , along the western coast and in the east the Tamil Mukkuva law and their numbers negligible at that time to warrant any separate consideration. The vast overwhelming majority of these so called Sri Lankan Muslims/Moors, have only migrated to the island in the 1800s from South India and now all claiming 1000 imagined Arab/Moor heritage, however did not have any Islamic law as they were not in the island in large numbers and were not of Arab origin and still practising Tamil not Arab customs.as Arab customs from the Gulf would have been Islamic but was not there. It is only after the arrival of Javanese Malays Islamic law from Indonesia was introduced to the island by the Dutch, as these Javanese/Malays were the largest population of Muslims in the island and the Dutch found it necessary to codify their law. The small amount of Tamil Muslims living along the western and eastern coasts, who were under Dutch rule did not warrant this as they were essentially Tamils of Islamic faith following Tamil laws. Poor Hilmy you let the cat out the bag without intending to. The huge so called Sri Lankan Moor(sic) population was never there , but had only arrived much later from South India , after the arrival of these Javanese Muslims from Indonesia.
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Hilmy's Spokeswomen / January 31, 2018
Siva Sankaran Brahmin, when did you sinhalese register your marriages. Think its even after the MMDA of 1951. So, before that there was no registration. For your information, the Muslims, Kandyans and Jaffna tamils still do not need to register their marriages – Literally. They do it only because the children will have difficulties in attending school, jobs etc. There is no legal requirement as they marry under their religious laws.
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Ralli Ameen / February 4, 2018
Islamic Law (Shria) was developed by Muslim Jurist around the first three centuries of Islam. Islamic law consist of wide range of legal aspect including Muslim family law and this is the beginning of Muslim Marriage and Divorce followed by all the Muslim countries. Therefore no need to follow an Indonesian code of law because Indonesia too folowed the common MMD code. 1907 Sri Lanka Marriage Registration Ordinance (GMRO) applicable to all citizens but Muslims and Kandyan Sinhalese alowed to follow their own MMD law. Malay were brought to Sri Lanka during British time, that is around 1980. The Dutch too would have brought Malays from Indonesia because some parts were Dutch colony, but that was very small amount. Dutch would have comapared the Indonesian code to comp0are with Moors practice. Moors were here for the last 1000 years as traders. Their interest was solely trade and they did not intefere in religious or cultural aspects of indigenous people. History will tell that and also history will tell in the past Colombo was fully occupied by Muslims and they had their own leader. The Portuguese devils in order to dislodge them from trade massacred them and chased them and made them follow their own rule. If the Moors were Tamils and following their culture the Portugeuese would have called them Tamil or Sinhalese natives. We were 100% different and similar to Moors they came accross in North Africa (Egypt, Libya, Tunesia, Cordoba) so they called us Moors. However much you crow caw you cannot change this and cannot make Moors Tamil converts.You Australoid crow was all out to hang on something as proof Moors are Tamils. This writer without any solid proof talking about Indonesian code but he forget to stress all the MMD law have the same common code.
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Al-faqurlah / February 4, 2018
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Ralli Ameen / February 4, 2018
So you are cawing loudly Malay Muslims were here before Moors. I have seen many of your comments fabricating stories as proof Moors were Tamils from India. In one of your comment you wrote in one of the court trial in Australia a Moor did not know English and only he spoke Tamil So they were looking for a interpreter and since you donkey was there, you went forward and did the interpretation. Since this is a judicial matter court won’t take outsiders. Judiciary have regsistered interpreters and translators of different languages and they will call one them to interpret. The second mistake you donkey made was 100% of Moors who migrate to Australia were English educated and they don’t need interpreters. Only uneducated you tree climbing kallathonis in Australia cannot speak English. Recently you made another comment saying head of all Islamic Councils in Australia were Muslims from Sri Lanka, India and Pakistan. The Arabs and Turks were very angry about it because we were racially and culturally different from them. You donkey don’t understand although racially different all follows same Islamic culture and no Muslim will speak like that. Sri Lankan Muslim have their own associations (about 5), others have their own . If you are Muslim you can join other association common to all Muslim. Western Asia Muslim countries have more than 60 associations. You can verify from Amir Ali since he is in one SL Muslim Association. You give the name of Turkish MP we can very your statement. Everybody reading your comments (unless they belongs to your catergory) knows you have special jelaousy and hatred toward Moors. May be you are a paid pimp for somebody or you yourself a pimp to a Moor at one time.
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Fazly Sameer / January 31, 2018
Saleem Marsoof sat on the report like a broody hen for 9 long years to deliver rubbish. He probably was under the illusion that he was still sitting on the bench at the Hulftsdorp court complex. Remember “Justice Delayed is Justice Denied”. What a tragedy that such a person was in charge.
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Deepa Edirisinge / January 31, 2018
The Octogenarian Saleem is certainly senile. The government should have removed him many years ago. A review of his judgements in the supreme court too should be scrutinised
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Mushin Hameed / January 31, 2018
An err.. dysfunctional old man fathers a dead baby
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Fouzul Jabbar / January 31, 2018
If what Hilmy says is true, it is a disgraceful act by a supreme court judge to ignore the report of 9 members of a 16 member committee. Why did he sit or sleep on the report if he wanted to submit his own version. He could have sat at home and sent his personal opinion. Saleem Marsoof has not only let down the Muslim Community but the entire judiciary which he served for DONKEYS years. Senior lawyers including an ex attorney general could not be extremist. This is probably the worst thing that has happened to my community. Gnanasara and BBS would seem like angels compared to the stabbing in the back by this stupid marsoof
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Sarrij / February 1, 2018
FJ
This was a typically done thing in SL; appointing ex ‘senile retires’ to commissions with political agendas; SC judges to boot get appointed as headman.
These commission reports usually gather dust and never see the light of day; nothing new.
At least it gives an opportunity for the so called progressive coalition to pass laws which are not discriminating women.
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Sarrij / February 1, 2018
FJ
Surely you do not want the Muslim Community to be regressive like “OLD SAUDI ARABIA” which has had a huge impact on S L Muslim Religious Thinking.
This is the 21st century.
THINK, CROWN PRINCE SAMAAN OF SAUDI ARABIA of 2018.
Muslim women should have a “huge say” in their marriage laws; not to be dictated by Muftis and other religious quirks.
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