முஸ்லிம் விவாக விவாகரத்துச் சட்டத்தில் பெண்களுக்கு எதிரான பாகுபாடுகள்: சீதனம், கைக்கூலி மற்றும் மஹர்

Abstract

The Muslim Marriage and Divorce Act (MMDA) has faced criticism for its perceived inadequacy in safeguarding the property rights of women. Along this way, the practice of dowry/kaikuli can lead to financial hardships and contravene Islamic principles. Consequently, there is a growing call for amendments to the MMDA that promote gender equality and adhere to Islamic values, aimed at addressing concerns and refining the legal framework governing Muslim marriages and divorces. This study delves into the challenges experienced by Muslim women in Sri Lanka, with a specific focus on their financial and property rights concerning dowry, kaikuli, and mahr during marriages, as well as issues of alimony and maintenance in divorce proceedings, and the joint-owned matrimonial properties. The main objective is to investigate the legal frameworks and societal norms regulating these domains and assess their impact on women's rights within the ambit of the MMDA. Employing a combination of doctrinal analysis and a descriptive-analytical approach, this research endeavours to identify potential avenues for legal and social reform.