இலங்கை முஸ்லிம் விவாக மற்றும் விவாகரத்து சட்ட மறுசீரமைப்பு குறித்த முஸ்லிம் சமூகத்தின் கருத்துநிலை

Abstract

The Muslim Marriage and Divorce Act No. 13 of 1951 stands as a pivotal personal law governing the familial affairs of Sri Lankan Muslims. It delineates a comprehensive legal framework encompassing marriage, divorce, polygamy, guardianship, court proceedings, and maintenance, among other facets. Over time, the evolving sentiments within the Muslim community necessitate a reevaluation of this legislative edifice. Against this backdrop, this study endeavours to scrutinize the perspectives of the Muslim populace regarding the proposed reforms to the Muslim Marriage and Divorce Act. Upon a thorough analysis of the study's findings, many favourable opinions emerge, underscoring the urgent imperative for amending the Muslim Marriage and Divorce Act of Sri Lanka. These proposed reforms entail the appointment of women as Qadis, the elimination of legal provisions at odds with Islamic shari’ah, the imposition of stringent legal prerequisites for polygamous unions, the inclusion of a provision for the woman's signature in the marriage register, the abolition of dowry-related statutes, the revision of laws encroaching upon women's rights, the safeguarding of Muslim autonomy through the Qadi court system, Passah, the provision of divorce compensation to women, the maintenance of madhaan succession, the appointment of proficient Qadis in Qadi courts, the specification of specific legal criteria for appointing women as Qadis, the consideration of legal viewpoints from other madhhabs in the reformative process, the appointment of female counsels in Qadi courts and the Council of Qadis, the limitation of unilateral authority vested in the marriage victim, typically the woman, the eradication of coerced marriages, the enforcement of mandatory marriage registration, the assurance of dowry entitlements and overdue payments in alignment with legal and Islamic principles, and the establishment of a marriageable age commensurate with contemporary standards. Furthermore, while other issues may evoke minimal contention, the proposals collectively signal a substantial consensus within the discourse.