முஸ்லிம் விவாக விவாகரத்துச் சட்ட வரலாற்றில் இடம்பெற்ற திருத்தங்கள் மற்றும் முஸ்லிம் விவாக விவாகரத்துச் சட்டத்தில் ‘மதப்பிரிவு’ இனது உள்ளடக்கம்

Abstract

It is widely acknowledged that Sri Lankan Muslims have historically enjoyed certain privileges within the legal framework of Sri Lanka. While the early Sinhalese rulers permitted the observance of local Muslim religious laws and customs, they were not formally codified. However, during the Dutch colonial period, Governor Iman Willem Falck, in collaboration with representatives of the Muslim community in Colombo, introduced a distinctive legal code known as the "Shonaher Laws related to Moors and other Muslims." This code was based on the principles of the "Islamic Shari’ah" madhab, which was prevalent in Batavia (modern-day city of Jakarta, Indonesia). Subsequently, in 1806, the British Governor translated this code into English and compiled it as the 'Muhammadan Code', which eventually became law. The enactment of the Muslim Marriage and Divorce Act No. 13 of 1951 marked a significant development in this legal trajectory. While Islamic jurisprudence recognizes 'shari’ah' as the substantive law for Muslims, it is notable that the provisions of the Act mentioned above, which governs Muslim affairs in Sri Lanka, diverge from various 'Shari’ah' legal principles in several respects. Several noteworthy observations emerge concerning the Muslim Marriage and Divorce Act. Firstly, it is pertinent to acknowledge that the majority of Muslims residing in Sri Lanka adhere to the 'Shafi'i' Mazhab, or School of Thought, within Islamic jurisprudence. This adherence shapes their legal interpretation and application within the Sri Lankan context.