இலங்கை முஸ்லிம் விவாக விவாகரத்து சட்டம் மீள்திருத்தப்பட வேண்டியதன் முக்கியத்துவம்: சவால்களும் தீர்வுகளும்

Abstract

Personal law refers to the legal framework that safeguards the laws, customs, and practices of distinct groups based on religious, cultural, or regional identities within a country, preserving their unique characteristics. In the Ottoman Empire, issues pertaining to Muslim Family Matters were addressed through ijtihad until the compilation of the "Qanunu Hukuq al-Aila" in 1917. In Sri Lanka, the Muslim Personal Law encompasses the Muslim Marriage and Divorce Act of 1951, which governs family matters within the Muslim community. This act is integral to regulating the daily affairs of families, which are regarded as fundamental to society, with a particular focus on the rights and duties of women. However, it is perceived to present a misrepresentation of Islam and Muslims within the current legal system. Amendments to this law are seen as essential to safeguarding family integrity, rectifying injustices, and portraying a more accurate image of Muslim Personal Law. Muslim Personal Law is also adaptable, with provisions that can evolve with changing times. Embracing necessary changes is crucial to demonstrating the enduring nature of Islam. The lack of consensus within the Muslim community has resulted in delays in private law reforms, compounded by a lack of understanding of Islamic law. Efforts to amend the law should prioritize consensus-building, recognize the necessity for change, and ensure amendments are crafted to enhance the reputation of Islam, safeguard human interests, and uphold justice.