இலங்கை முஸ்லிம் விவாக விவாகரத்துச் சட்டத்தின் தன்மை

Abstract

In the past, there had been a serious of arguments put forwarded to bring the amendments to the Muslim Marriage and Divorce Act. One of the key debates revolved as to whether the Muslim Marriage and Divorce Law in Sri Lanka adheres to Islamic Law or Customary Law. it’s essential to grasp this distinction. As such the Sri Lankan Muslim Marriage and Divorce Act functioning as both customary law and Special legislation. With a rich legal heritage obtaining in Sri Lanka. The Legal system could general been categorised in various ways of this application. For an instance, some countries follow civil law system while others having common law system. Such as the English common law based on the adversary system where as civil law system based on inquisitorial system. In general, the law is divided into substantial/ procedural/ Adjective law. with principal consideration the Muslim Marriage and Divorce Act Law is 90% of procedure/ Adjective Law. Furthermore, there's a pressing need to expand the legal framework in this domain. It's noteworthy that the lack of attention from the majority of judges and legal scholars poses a barrier to incorporating fundamental laws into relevant legislation.