Journal of Islamic Law
ISSN: 2721-5040 (e) & 2721-5032 (p)
Vol. 5, No. 2, 2024, pp. 288-305
https://doi.org/10.24260/jil.v5i2.2833

Islamic Law and Gender Equality: Challenges and Reforms in Sri
Lanka’s Muslim Marriage and Divorce Act
Shamila Dawood*
University of Colombo, Sri Lanka
*Correspondence: dlfshamila@gmail.com
*Received: 01-05-2024 | Revised: 12-07-2024, 31-08-2024 | Accepted: 31-08-2024

Abstract
This article examines the ongoing debates and reform efforts surrounding the Muslim
Marriage and Divorce Act of 1951 (MMDA) in Sri Lanka. The Act has faced
substantial criticism for its inability to adapt to the evolving needs of modern society,
often prioritizing men’s interests over women’s rights. Despite numerous reform
attempts, reaching a consensus on crucial provisions has proven challenging, creating
significant obstacles to amending the MMDA. Employing library research, this article
analyzes reports from various committees to assess current practices, which reveal
conflicting perspectives between committees and civil society organizations. This study
re-evaluates the MMDA’s provisions to determine whether proposed reforms align
with Sharia law while meeting international legal standards, particularly Sri Lanka’s
obligations to eliminate all forms of discrimination against women, while considering
religious and cultural sensitivities. The article underscores the need for collaborative
dialogue among stakeholders to foster reforms that address the evolving Muslim
community’s legal needs, focusing on justice and equality.
[Artikel ini mengkaji perdebatan yang sedang berlangsung dan upaya reformasi seputar UndangUndang Perkawinan dan Perceraian Muslim tahun 1951 di Sri Lanka. Undang-undang tersebut
telah menghadapi kritik besar karena gagal beradaptasi dengan kebutuhan masyarakat modern yang
terus berkembang, yang sering kali memprioritaskan kepentingan laki-laki di atas hak-hak
perempuan. Meskipun ada banyak upaya reformasi, mencapai konsensus tentang ketentuanketentuan utama telah terbukti menantang, menciptakan hambatan signifikan terhadap
amandemennya. Dengan menggunakan penelitian kepustakaan, artikel ini menganalisis laporan dari
berbagai komite untuk menilai praktik terkini, di mana terdapat pandangan yang saling
bertentangan antara komite dan organisasi masyarakat sipil. Studi ini mengevaluasi kembali
ketentuan-ketentuan tersebut untuk menilai apakah reformasi yang diusulkan selaras dengan hukum
Syariah sekaligus memenuhi standar hukum internasional, khususnya kewajiban Sri Lanka untuk
menghapuskan segala bentuk diskriminasi terhadap perempuan, sambil mempertimbangkan
kepekaan agama dan budaya. Artikel ini menggarisbawahi perlunya dialog kolaboratif di antara
para pemangku kepentingan untuk mendorong reformasi yang memenuhi kebutuhan hukum
komunitas Muslim yang terus berkembang dengan menekankan keadilan dan kesetaraan.]
Keywords: Gender Equality, Legal Reform, Muslim Marriage and Divorce Act, Sharia
Compliance, Sri Lanka.

Copyright © 2024 by Author(s)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Dawood

Introduction
Family law in Muslim-majority countries has transformed significantly over the past century,
especially in advancing the rights of women and children.1 These reforms generally follow
one of two approaches: either aligning state law closely with Islamic law (Sharia) or
implementing procedural and administrative measures based on interpretations from various
schools of Islamic law (madhhab), in line with contemporary international standards on
women’s rights.2 Countries such as Pakistan, Syria, Egypt, Morocco, and Tunisia have
pursued family law reforms with varying degrees of success, particularly in areas such as the
age of majority, divorce rights, polygamy, and marriage registration.3 However, many
countries encounter challenges in balancing legal reforms with religious and cultural
imperatives.4 These reforms underscore the complexities involved in reconciling state
requirements with Sharia’s moral framework, especially regarding gender roles.5
In Sri Lanka, reform efforts targeting the Muslim Marriage and Divorce Act No. 13 of
1951 (MMDA) have spanned over six decades, underscoring the intricacy of the process.6
These initiatives have faced substantial obstacles, particularly in managing non-Islamic
influences while striving for gender equity. Conflicting recommendations—some
emphasizing international standards over Sharia provisions, and others advocating the
opposite—have ignited significant controversy among religious scholars.7 Core Islamic
principles, especially interpretations rooted in Sri Lanka’s predominant Shāfi‘ī madhhab, are
often regarded as immutable, rendering reform initiatives highly challenging. Thus, reform
efforts must rigorously adhere to Sharia while aiming to balance gender equality within the
context of roles traditionally ascribed to men. An ongoing debate involves whether the
MMDA should incorporate interpretations from other madhhabs to enhance practical
applicability. These discussions and reform efforts surrounding the MMDA are central
analytical points in this article.
Rising feminist movements, concerns about Islamophobia, and perceived political
advantages have intensified the discourse on MMDA reform. For instance, Schenk and
1

2

3

4
5
6
7

See: Kristen Stilt, Salma Waheedi, and Swathi Gandhavadi Griffin, “The Ambitions of Muslim Family Law
Reform,” Harvard Journal of Law & Gender 41 (2018): 302–42; ʻAbd Allāh Aḥmad Naʻīm, ed., Islamic Family
Law in a Changing World: A Global Resource Book (London: Zed Books, 2002), 200–13.
See: N. J. Coulson, “Reform of Family Law in Pakistan,” Studia Islamica, no. 7 (1957): 135–55; Idham Idham,
Efa Rodiah Nur, and Agus Hermanto, “Dynamic Development of Family Law in Muslim Countries,” Al’Adalah 19, no. 1 (20 June 2022): 161–78.
See: Muhibbuthabry Muhibbuthabry, “Poligami dan Sanksinya Menurut Perundang-Undangan NegaraNegara Modern,” AHKAM: Jurnal Ilmu Syariah 16, no. 1 (28 January 2016): 9–20; Marième N’Diaye, “La
Réforme de La Moudawana: Une Révolution ? Lire La Norme Islamique à l’aune de Sa Redéfinition Par
l’État,” Studies in Religion/Sciences Religieuses 45, no. 2 (June 2016): 146–65; Jean-Philippe Bras, “La Réforme
Du Code de La Famille Au Maroc et En Algérie: Quelles Avancées Pour La Démocratie?,” Critique
Internationale 37, no. 4 (19 December 2007): 93–125; Nowrin Tamanna, “Personal Status Laws in Morocco
and Tunisia: A Comparative Exploration of the Possibilities for Equality-Enhancing Reform in
Bangladesh,” Feminist Legal Studies 16, no. 3 (December 2008): 323–43.
Coulson, “Reform of Family Law in Pakistan,” 146.
Naʻīm, Islamic Family Law in a Changing World, 8.
The Muslim Marriage and Divorce Act No. 13 of 1951, as amended by Acts Nos. 31 of 1954, 22 of 1955,
1 of 1965, 5 of 1965, 32 of 1969, 41 of 1975, and 24 of 2013.
Anton Cooray, “The Reception of Islamic Law in Sri Lanka and Its Interplay with Western Legal
Traditions,” in Mixed Legal Systems, East and West, ed. Vernon Valentine Palmer and Mohamed Y. Mattar
(London: Routledge, 2016), 213–24.

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Hasbullah examine the intersection of feminist movements and Islamic law in Sri Lanka,
showing how women confront patriarchal structures through strategies grounded in both
religious and secular frameworks. They also highlight the contentious nature of MMDA
reform, emphasizing how the bodies and spaces of Muslim women have become pivotal
areas of political conflict.8 Complementing this perspective, Mahroof examines the formal
and informal applications of Islamic law in Sri Lanka, particularly concerning marriage and
inheritance. While Mahroof’s analysis does not focus directly on gender issues, it provides
valuable insights into the broader legal framework governing Islamic law in Sri Lanka,
including the role of Quazi courts and the influence of community leaders and social norms
on informal legal practices.9 Despite the efficiency and affordability of Quazi courts, Cooray
argues that MMDA reform is essential to modernize aspects of Islamic law that currently
allow for inequalities and injustices.10 Unlike previous studies, this article scrutinizes several
reports and proposed amendments to the MMDA, emphasizing ongoing disagreements
among committee members regarding specific aspects of the proposed reforms. It offers
additional insights into areas where differences persist, especially from the perspectives of
gender equality and justice.
This article adopts a library research methodology with a normative-juridical approach,
involving detailed analysis of three major reports from committees appointed to consider
amendments to the MMDA in Sri Lanka. The first report is from the Committee Appointed
to Consider Amendments to the MMDA, published by the All Ceylon Jamiyyathul Ulama
on 21 December 2017 (ACJU Report 2017).11 The second report, chaired by Saleem Marsoof,
was also published on 20 December 2017 (Marsoof Report 2017).12 The third report is the
16 June 2021 Report of the Advisory Committee Appointed to Propose Reforms on Muslim
Personal Laws in Sri Lanka, chaired by Shabry Haleemdeen (Haleemdeen Report 2022).13
These reports are currently under extensive discussion in various forums,14 underscoring
their significance. Alongside these three reports, supplementary reports and related statutes
are also analyzed descriptively in this article.

8
9
10
11

12

13

14

Christine G. Schenk and Shalul Hasbullah, “Informal Sovereignties and Multiple Muslim Feminisms:
Feminist Geo-Legality in Sri Lanka,” Political Geography 94 (April 2022): 102527.
M.M.M. Mahroof, “Islamic Law in Sri Lanka: The Formal and Informal Aspects,” Islamic Studies 29, no. 1
(1990): 77–90.
Anton Cooray, “Access to Non-Judicial Justice Through Islamic Courts in Sri Lanka: Palm Tree Justice or
Accessible Justice?,” Asia Pacific Law Review 20, no. 1 (June 2012): 113–34.
All Ceylon Jamiyyathul Ulama, “Report of the Committee Appointed to Consider Amendments to the
Muslim
Marriage
&
Divorce
Act
(MMDA),”
21
December
2017,
https://www.moj.gov.lk/images/pdf/Vol-1-B.pdf.
Saleem Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage
and Divorce Act,” 20 December 2017, https://groundviews.org/wp-content/uploads/2018/05/MMDAReport-Redacted.pdf.
Shabry Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim
Personal Laws in Sri Lanka,” 16 June 2021, https://www.moj.gov.lk/images/2023/muslimMarriage&Devorce.pdf.
See: Shreen Saroor, “ACJU Hijacks MMDA Reform,” Groundviews (blog), 1 August 2019,
https://groundviews.org/2019/08/01/acju-hijacks-mmda-reform/; RPSL Consortium, “Intellectual
Dialogue
on
Muslim
Marriage
and
Divorce
Act,”
26
November
2022,
https://rpslconsortium.lk/projects/project-by-project-basis/intellectual-dialogue-on-muslim-marriageand-divorce-act-the-way-forward.

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A Brief Introduction to Muslim Personal Law in Sri Lanka
Sri Lanka, a South Asian Island nation, is renowned for its rich cultural heritage, diverse
population, and stunning landscapes. With an estimated population of 22 million in 2024, Sri
Lanka is characterized by a multi-ethnic and multi-religious society. While the majority of the
population belongs to the Sinhala ethnic group and practices Buddhism, the country is also
home to significant minorities, including Hindus, Muslims, and Christians, all of whom
contribute to its cultural diversity. Muslims constitute approximately 10% of the
population,15 forming a substantial minority whose roots in Sri Lanka trace back to at least
the eighth century CE. Historical records suggest that early Muslim settlers intermarried with
the local Sinhala and Tamil populations. According to Chief Justice Sir Alexander Johnston,
when the Portuguese arrived in 1505, the port city of Colombo, a major trade hub, already
had a significant Muslim presence. Muslims established their courts to resolve disputes in
accordance with Sharia.16
Sri Lanka’s legal system is a blend of common law, civil law, and customary law, shaped
by influences from English, Dutch, and Portuguese colonial legacies, as well as indigenous
legal traditions.17 This complex legal landscape forms the backdrop for ongoing debates
around reforming the MMDA, underscoring the need for a nuanced understanding of the
cultural, religious, and legal intricacies involved. Historically, Sinhala kings applied Muslim
legal principles and customs to resolve disputes within the Muslim community. By the
fifteenth century, specialized courts had been established in Colombo.18
During the Dutch colonial period, the New Statutes of Batavia, introduced in 1766,
were brought to Sri Lanka in 1770 by the Dutch Governor-General in Batavia (present-day
Jakarta). Based on the Shāfi‘ī madhhab practiced in Indonesia, these statutes addressed
marriage, divorce, and family matters. Since most Muslims in Sri Lanka follow the Shāfi‘ī
madhhab, these provisions held particular significance. The Dutch Civil Code incorporated
legal rules governing Muslim personal law, including marriage contracts, divorce procedures,
inheritance, and family matters. Under Governor Frederick North, this legislation was
translated into English and, following consultations with the Muslim community in
Colombo, formalized as the Mohammedan Code of 1806.19 The 23 September 1799
proclamation ensured the continuity of applicable laws and customs, while the Charter of
1801 explicitly provided that Muslims would be governed by their legal norms regarding
succession, land, property, and contractual matters.20
The Mohammedan Code of 1806, based on the Shāfi‘ī madhhab, has been described as
a “rough codification of certain provisions from an extensive legal jurisprudence” and
encompasses various aspects of Islamic law, including inheritance, waqf (endowments), and
15
16

17
18
19
20

“Sri Lanka Population 1950-2024,” accessed 11 May 2024, https://www.macrotrends.net/globalmetrics/countries/LKA/sri-lanka/population.
See: Simon Gregory Perera, A History of Ceylon for Schools, vol. 1 (Sri Lanka: Associated Newspapers of
Ceylon, 1947), 9–10; Ameer Ali, “The Genesis of the Muslim Community in Ceylon (Sri Lanka): A
Historical Summary,” Asian Studies Association of Australia. Review 19 (1984): 65–82.
L. J. Mark Cooray, An Introduction to the Legal System of Sri Lanka (Pannipitiya: Stamford Lake, 2003), 130–39.
Cooray, “The Reception of Islamic Law in Sri Lanka and Its Interplay with Western Legal Traditions,” 213–
24.
Cooray, An Introduction to the Legal System of Sri Lanka, 10.
Cooray, 133.

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marriage law. However, evolving societal norms, changing legal expectations, and demands
for greater gender equality within the Muslim community necessitated amendments to the
Mohammedan Code. Consequently, a Special Committee, known as the Justice Akbar
Committee, was established by the Legislative Council in 1929 to recommend reforms to
Muslim family law in Sri Lanka. This committee introduced several amendments, particularly
in the regulation of Muslim marriages.21
One of the most significant outcomes was the establishment of the Quazi Court
system, which was granted original jurisdiction over marriage disputes within the Muslim
community.22 The Justice Akbar Committee also recommended the creation of a Quazi
Council with appellate jurisdiction. These recommendations were incorporated into the legal
framework, leading to the enactment of the Muslim Marriage and Divorce Ordinance No.
27 of 1939—a pivotal development in the history of Muslim personal law in Sri Lanka. This
ordinance was eventually superseded by the MMDA, which took effect in 1951. Since its
enactment, the MMDA has governed the validity of marriages, divorces, and related marital
matters among Muslims in Sri Lanka. Although numerous reforms to the MMDA have been
proposed over the years, substantial amendments have yet to be fully implemented. A
significant factor in this is the Sri Lankan Constitution, which protects the rights to freedom
of thought, conscience, and religion, ensuring the continued application of both written and
unwritten laws. Common law applies in the absence of specific personal laws, highlighting
the intricate interaction between common law and religious law, such as the MMDA.23
The Reformation Initiatives of the Muslim Marriage and Divorce Act
The MMDA provides a comprehensive legal framework for regulating Muslim marriages and
divorces in Sri Lanka. Known for its detailed provisions, the MMDA expanded upon prior
regulations to address various issues related to marriage and family matters. However, several
provisions within the MMDA have been scrutinized in recent years, sparking debates among
legal, social, and religious stakeholders. This discourse has intensified calls for reforms to
address evolving legal and social concerns.
Since the MMDA’s enactment, multiple reform committees have been established to
review the Act and propose significant changes. Key among these were the Marriage and
Divorce Commission, appointed by the Governor-General and chaired by Mr. ARH
Canekeratne QC in 1956, and the Dr. HMZ Farougue Committee in 1972, both of which
provided substantial recommendations for reforming the MMDA. In 1990, the then-Minister
of Muslim Religious and Cultural Affairs initiated the Dr. AMM Sahabdeen Committee, also
led by Dr. Sahabdeen. Despite the extensive recommendations from these committees, few
have been implemented, leaving the legal framework largely unchanged and hindering the
development of new regulations. In addition to committee reports, academics, human rights
advocates, and other critics argue that reform can be achieved within the current legal
structure. Some stakeholders have drawn comparisons between the MMDA and family law
21
22
23

Cooray, 134.
Cooray, 134.
“The 1978 Constitution of the Democratic Socialist Republic of Sri Lanka” (The Parliament Secretariat,
Revised Edition 2023), Sections 10 and 16, https://www.parliament.lk/files/pdf/constitution.pdf.

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systems in other Muslim-majority countries, pointing out significant disparities.24 Others
assert that the MMDA does not fully reflect Sharia compliance25 and advocate for revisions
that would better align it with both Islamic principles and international standards concerning
the rights of women and children.
Despite broad agreement on the need for reform, substantial disagreements among
committee members have delayed progress. The ACJU Report (2017) and the Marsoof
Report (2017) present diverse, often conflicting, perspectives on the MMDA, fueling
considerable debate.26 Similarly, the Haleemdeen Report (2022) captures differing views
within the committee, dividing them into Position 1 and Position 2, reflecting deep divisions
over possible revisions. Position 1 primarily advocates alignment with international
standards, whereas Position 2 seeks to uphold Sharia principles to some extent. These
divergent stances highlight the influence of local socio-political contexts on interpretations
of Muslim Personal Law in Sri Lanka,27 underscoring the complexities involved in reforming
the MMDA.
The Muslim Marriage and Divorce Act: Provisions and Proposed Reforms
The MMDA, comprising 12 parts, 99 sections, and five schedules,28 establishes a
comprehensive legal framework for managing Muslim marriages and divorces in Sri Lanka.
While the Act builds upon previous regulations, it has faced criticism from various
stakeholders, prompting proposals for amendments to several of its provisions. This section
outlines key provisions that have sparked debate and contributed to delays in the reform
process, covering issues such as the scope of the law, its administration, marriage contracts,
financial arrangements, and the dissolution of marriages from a gender perspective.
Scope of Application
The legal framework governing marriage and divorce in Sri Lanka includes multiple laws,
with the MMDA playing a central role for the Muslim population. Marriages governed by
Kandyan law fall under the Kandyan Marriage and Divorce Act No. 41 of 1975 (KM&D
Act), while Muslim marriages are subject to the MMDA.29 All other marriages are regulated
by the General Marriages Ordinance No. 19 of 1907 (GMO), which is based on RomanDutch law and excludes marriages governed by the KM&D Act and those between
individuals practicing Islam.30 Consequently, Section 2 of the MMDA is particularly
significant as it limits the Act’s applicability to marriages, divorces, and related matters for

24
25
26
27
28
29
30

Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage and
Divorce Act.”
All Ceylon Jamiyyathul Ulama, “Report of the Committee Appointed to Consider Amendments to the
Muslim Marriage & Divorce Act (MMDA).”
Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim Personal
Laws in Sri Lanka.”
Schenk and Hasbullah, “Informal Sovereignties and Multiple Muslim Feminisms,” 102527.
“The Muslim Marriage and Divorce Act of 1951,” https://dlib.presidentsoffice.gov.lk/handle/1/584.
Cooray, An Introduction to the Legal System of Sri Lanka, 114–29.
“The General Marriages Ordinance No. 19 of 1907,” Section 64. See also: Shirani Ponnambalam, Law and
the Marriage Relationship in Sri Lanka (Stamford Lake, 1987), 1–12.

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Muslims residing in Sri Lanka by birth or conversion.31 This jurisdictional limitation poses
challenges for Muslims living abroad (who do not hold Sri Lankan citizenship), as their
marriages fall outside the scope of the MMDA despite the universal applicability of Sharia.32
This provision underscores ongoing debates regarding the adequacy of the MMDA in
meeting the needs of Sri Lanka’s Muslim community. The Marsoof Report (2017)
emphasizes the need for greater clarity in defining an “inhabitant of Sri Lanka” and
recommends that at least one party to the marriage should be a resident to ensure MMDA
applicability. Additionally, although Muslims can opt to marry under the GMO, this
alternative is generally viewed as undesirable, as it diverges from the Sharia principles that
govern marriage within the Muslim community.33 An urgent need exists, therefore, to amend
the MMDA to better address the challenges faced by Muslims in Sri Lanka concerning
marriage and divorce.
Advisory Board, Quazis, and Registrars
The MMDA is administered by the Advisory Board, Quazis, and Registrars, and
predominantly appoints men to these roles, which has raised significant debates regarding
gender equality. Sections 3 to 15 of the MMDA outline the responsibilities of these bodies;
however, the exclusion of women has attracted criticism, suggesting an inherent male bias
within the law. This issue brings gender equality within the MMDA and Islamic law into
focus, highlighting the need for reforms that promote justice and equality while responding
to the needs of contemporary society.
Section 3 of the MMDA mandates that the Advisory Board consist of at least four but
no more than nine members, with the Secretary-General serving as Chair.34 Notably, the
section does not impose any gender requirements for board membership, theoretically
allowing for the inclusion of women. Yet, no advisory board has been established, and the
reasons for this absence remain unclear. The inclusion of women as advisors has not sparked
substantial public debate, suggesting societal acceptance of women in advisory roles. To
enhance the functionality and representation of the Advisory Board, it is recommended to
expand the board to nine members, including a Chair, at least two qualified muftis in Islamic
jurisprudence, legal professionals, and women with relevant expertise.35 Furthermore, the
MMDA should explicitly define the qualifications required for Advisory Board members,
establishing a transparent framework for appointments and responsibilities.
The Quazi system, particularly the appointment of women to Quazi positions, has
fueled considerable debate within Sri Lankan society. Responding to these discussions, the
Haleemdeen Report (2022) recommends significant terminological changes, proposing to
31
32
33
34
35

“The Muslim Marriage and Divorce Act of 1951,” Section 2. See also: Cooray, An Introduction to the Legal
System of Sri Lanka, 137.
See: Skinner v Orde (1987) 14 MLA 309; Natalie Abeysundere v. Christopher Abeysundere and Another (1985) 1 Sri
LR 185; Marsoof Saleem, “The Abeysundere Decision: An Islamic Perspective,” Meezan, 1999 1998, 59.
Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage and
Divorce Act.”
“The Muslim Marriage and Divorce Act of 1951,” Section 3.
See: Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage and
Divorce Act’; All Ceylon Jamiyyathul Ulama, “Report of the Committee Appointed to Consider
Amendments to the Muslim Marriage & Divorce Act (MMDA).”

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replace the term “Quazi” with “Adjudicator” and rename the “Board of Quazis” as the
“Muslim Marriage and Divorce Tribunal” (MMDT).36 The Marsoof Report (2017) suggests
transforming the Board of Quazis into a “Quazi Appellate Court.”37 While these renaming
initiatives could offer some benefits, it is advised that the term “Adjudicator” be more
precisely defined to reflect the unique role of the Quazi in marital dispute resolution. A more
specific designation, such as “Muslim Marriage and Divorce Adjudicator,” may help mitigate
potential confusion in a broader legal context. The proposal to appoint women as judges
aligns with efforts to diversify adjudicators and enhance societal acceptance. However, the
debate surrounding female judges remains contentious, particularly as it touches on the
implications of altering the term “Quazi,” which carries specific Sharia-rooted connotations.
The Marsoof Report (2017) makes several important recommendations to improve
the Quazi court system, including granting it official court status within Sri Lanka’s
judiciary.38 However, the Haleemdeen Report (2022) favors a quasi-judicial model,
emphasizing informal and expedited dispute resolution mechanisms that align with the
existing Quazi system.39 While the term “Quazi” effectively addresses both legal and Sharia
issues within the Sri Lankan context, the current qualification for a Quazi—defined as “any
Muslim man of good character”—is widely regarded as insufficient for such a critical role.
Therefore, reassessing and strengthening the qualifications and responsibilities associated
with the Quazi court system is essential to ensure effective representation and functionality.
To perform their duties effectively, Quazis must possess the requisite knowledge and
skills. The Marsoof Report (2017) suggests that Quazis should be qualified as legal
practitioners with a solid understanding of Sharia,40 while the Haleemdeen Report (2022)
argues that legal practitioner status or a law degree should suffice.41 To develop a competent
pool of Quazis, it is vital to delineate the required qualifications, experience, and age limits
within the MMDA framework to ensure efficient judicial administration in Muslim marriage
matters. Moreover, some Quazis have faced criticism for unprofessional behavior, which has
exacerbated existing concerns. While this is a pressing issue, it should not be the sole
justification for abolishing the Quazi court system. Given the volume of cases in traditional
courts, strengthening the quasi-judicial system through rigorous procedures, comprehensive
training, and the appointment of female Quazis is crucial. The reluctance of women to voice
their concerns before male Quazis underscores the need for inclusive representation. Many
Muslim women in Sri Lanka question the lack of knowledgeable female participation in this
process, despite the absence of textual prohibitions on female Quazis.

36
37
38
39
40
41

Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim Personal
Laws in Sri Lanka.”
Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage and
Divorce Act,” 62–64.
Marsoof, 62–64.
Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim Personal
Laws in Sri Lanka.”
Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage and
Divorce Act,” 62–64.
Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim Personal
Laws in Sri Lanka.”

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Appointing women as leaders (khalīfah) under Sharia remains a contentious issue
rooted in Quranic and Hadith principles. While some argue against compromising
fundamental principles in response to global calls for gender equality, it is essential to
acknowledge that the Quran affirms diverse roles for women as wives, mothers, and
daughters, often elevating their status.42 This complexity is reflected in debates over the
appointment of female Quazis and registrars, with differing views across communities.
Although traditional interpretations assign supervisory roles to men, examples of women in
leadership roles in Muslim-majority countries, such as Indonesia, Malaysia, Pakistan, and
Egypt, challenge the notion that men are inherently more suited for these positions.
Historically, women have made significant contributions to Islamic scholarship, as
highlighted by Nadwī, who notes that men and women have long understood their roles in
Islam. Figures like ‘Ā’ishah bint Abī Bakr al-Ṣiddīq exemplify the historical involvement of
women in religious scholarship, countering the belief that women have been excluded from
judicial positions.43
Despite this historical context, the perception that Muslim women have not served as
judges since the time of the Prophet complicates discussions surrounding Quazi system
reform. The ACJU Report (2017) provides a nuanced perspective, advocating for a
collaborative approach in divorce proceedings, particularly in applications for faskh (judicial
annulment). This report recommends that each Quazi presides over hearings with at least
three assessors, including two women, whose insights should be formally recorded and
considered in decision-making. Additionally, each Quazi should be supported by a panel of
trained marriage counselors and mediators, primarily women, to ensure comprehensive and
fair handling of marital disputes.44 Women activists argue for the inclusion of female Quazis
to ensure privacy and fair proceedings for women.45 This approach enhances the legitimacy
of the Quazi system and demonstrates a commitment to gender inclusivity in Sharia-based
justice.
Two key arguments support appointing women as marriage registrars under the
MMDA. First, marriage registration is not mandatory for validity under Islamic law in Sri
Lanka, where the marriage ceremony itself legitimizes a marriage through the ijāb (offer) and
qabūl (acceptance) in the presence of a guardian. If a woman lacks a guardian or the guardian
unreasonably withholds consent, a Quazi may validate the marriage.46 Although there are
concerns about female registrars disrupting traditional marriage ceremonies—since registrars
usually attend weddings—female registrars could conduct registration at designated offices,
preserving tradition while enabling formal registration. Second, as the role of the registrar is
a legal rather than religious function established by the government, eligibility need not
42

43
44
45
46

Zunly Nadia and Niswatin Faoziah, “Gender Equality within Family in Islamic Perspective: Insights from
the Hadiths of Ummul Mukminin,” Jurnal Studi Ilmu-Ilmu Al-Qur’an dan Hadis 25, no. 1 (14 June 2024): 161–
86.
See: Muḥammad Akram Nadwī, Al-Muḥaddithāt: The Women Scholars in Islam (Oxford: Interface Publications,
2007).
All Ceylon Jamiyyathul Ulama, “Report of the Committee Appointed to Consider Amendments to the
Muslim Marriage & Divorce Act (MMDA).”
Mohammad Ismath Ramzy and Simin Ghavifekr, “Women Quazi in a Minority Context: An Overview of
Sri Lankan Experience,” Societies 9, no. 1 (31 January 2019): 13.
Saleem Marsoof, “Muslim Law of Marriage Applicable in Sri Lanka,” Law College Law Review, 2006, 33–52.

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depend on religious background. This perspective reinforces that individuals can effectively
fulfill this role based on competence and qualifications rather than religious affiliation.
Establishing registration offices would streamline this process, reinforcing the idea that
individuals from diverse backgrounds, including women, can contribute meaningfully to this
function without compromising religious customs.
Age of Marriage and Guardian
The MMDA does not define the term “child,” nor does it establish a clear minimum age for
marriage, resulting in a legal gap that could permit child marriages under its jurisdiction. In
regions where Sharia governs marriage, certain legal requirements, such as a minimum age,
are generally enforced to validate the marriage.47 For instance, Section 23 of the MMDA
stipulates that a marriage involving a Muslim girl under twelve cannot be registered unless a
local Quazi authorizes it following an investigation.48 Child marriage infringes on the
fundamental rights of women and girls, particularly their right to education, and leads to
significant social and economic challenges. To address this, it is recommended that the
minimum marriage age be set at eighteen for both men and women, with Quazi approval
required for individuals between sixteen and eighteen. This measure aims to protect young
people and has gained broad consensus.49
While there is general agreement on setting a minimum age for marriage, the necessity
of a guardian (walī) in the MMDA remains contentious. Marriage without a walī and two
witnesses is considered invalid under Islamic law, and the MMDA mandates a walī’s presence
during marriage ceremonies and registration.50 Certain regulations specify who can serve as
a walī in the absence of the father, highlighting the crucial role a walī plays in facilitating a
valid marriage. This suggests that the requirement for a walī is not influenced by the age at
which one is permitted to marry. Both the MMDA and Sharia require the bride’s consent for
a valid marriage, even if she is not physically present at the ceremony.
In Islam, marriage is a three-party contract involving the walī, the bride, and the groom.
Section 25 of the MMDA specifically addresses requirements for women of the Shāfi‘ī
madhhab, but there have been calls, such as in the Marsoof Report (2017), to remove
references to specific madhhabs51 and instead consider provisions from multiple madhhabs in
judicial decisions.52 The Haleemdeen Report (2022) further recommends making the role of
47

48
49

50
51

52

See: Saleem Marsoof, “Child Marriages and Other Abuses under the Muslim Marriage and Divorce Act of
Sri Lanka,” JSA Law Journal 6 (1 January 2018): 1–27; Nuruddin Nuruddin, Aisyah Wardatul Jannah, and
Dwi Martini, “Evaluating the Effectiveness of Age Restriction on Marriage in Indonesia,” Volksgeist: Jurnal
Ilmu Hukum dan Konstitusi 6, no. 2 (31 December 2023): 313–30.
“The Muslim Marriage and Divorce Act of 1951,” Section 3.
See: Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage and
Divorce Act’; Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim
Personal Laws in Sri Lanka”; All Ceylon Jamiyyathul Ulama, “Report of the Committee Appointed to
Consider Amendments to the Muslim Marriage & Divorce Act (MMDA).”
“The Muslim Marriage and Divorce Act of 1951,” Sections 17-18.
The views of the Shāfi‘ī madhhab are referenced in Sections 16, 18(1), 19(1), 25(1), 26(1), 28(1), and 28(2) of
the MMDA. See: Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim
Marriage and Divorce Act,” 36.
Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage and
Divorce Act,” 36.

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the walī optional or non-essential, noting that the bride’s consent and signature alone should
suffice for the marriage to be valid.53 In contrast, the All Ceylon Jamiyyathul Ulama (ACJU)
supports the necessity of the walī’s involvement in marriage according to the Mālikī, Shāfi‘ī,
and Ḥanbalī madhhabs. For greater protection, the ACJU Report (2017) advocates for
mandatory bride consent on marriage documentation, empowering Quazis to address any
complaints from women.54
Polygamy
Polygamy remains a complex and debated issue within the MMDA framework. Historically,
having multiple wives has often resulted in inequality, prompting calls for limitations on
polygamy. While Islam permits polygamy under strict conditions as outlined in Sūrah al-Nisā’
(verse 3), it is neither a requirement nor an encouragement. Polygamy remains common in
Muslim-majority countries such as Malaysia, Syria, Iraq, Pakistan, and Bangladesh.55 Some
proponents view it as a solution for supporting divorced and widowed women, but a legal
framework is often needed to ensure fairness.56 Amendments to the MMDA could impose
stricter regulations on polygamous marriages, emphasizing that permission should be granted
only after thorough evaluation.
The Marsoof Report (2017) and Haleemdeen Report (2022) consolidate
recommendations from civil society organizations, including the Young Men’s Muslim
Association and the ACJU, suggesting that subsequent marriages should only be permitted
following an investigation by the Muslim Marriage Conciliator. The Haleemdeen Report
(2022) proposes clear criteria for the Conciliator’s assessment of polygamy applications57—
a practice adopted in several other countries where courts or official bodies scrutinize
polygamous marriages.58 In certain cases, a wife may file for divorce if polygamy causes
harm.59 For example, in Saheeda Banu v. Osman Mohamed Sabeer, the Appeals Council allowed
the husband to marry a second wife based on his financial capacity and commitment to
supporting both wives. In contrast, in Ja’afer bin Kassim, the Council denied permission for
polygamy, noting that financial capacity and the first wife’s consent alone were insufficient

53
54
55

56

57

58
59

Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim Personal
Laws in Sri Lanka.”
All Ceylon Jamiyyathul Ulama, “Report of the Committee Appointed to Consider Amendments to the
Muslim Marriage & Divorce Act (MMDA).”
See: Marsoof, “Report of the Committee Appointed to Consider Amendments to the Muslim Marriage and
Divorce Act,” 108; Muhammad Zubair Abbasi and Shahbaz Ahmad Cheema, “Polygamy and Second
Marriage under Muslim Family Law in Pakistan: Regulation and Impact,” Islamic Studies 59, no. 1 (31 March
2020): 29–50.
Iraqi lawmakers have proposed a bill to provide financial compensation to men with multiple wives. See:
Al-Monitor, “Why One Iraqi Female MP Is Calling for Law to Encourage Polygamy,” accessed 5 April
2024, https://www.al-monitor.com/originals/2017/03/polygamy-iraq-parliament-widows-divorced.html.
Muslim Law Reform Advisory Committee, “Additional Report on Polygamy by the Advisory Committee
Appointed to Propose Reforms on Muslim Personal Laws in Sri Lanka,” 5 October 2022,
https://www.moj.gov.lk/images/Muslimlaw/Muslim_Marriage_Divorce.pdf.
Some of these countries include Bangladesh, Pakistan, Jordan, Iraq, Morocco, Singapore, Brunei
Darussalam, and Malaysia.
These countries include Algeria, Bahrain, Egypt, Jordan, Lebanon, Mauritania, Morocco, Pakistan, and
Bangladesh.

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grounds.60 These cases highlight the judiciary’s role in balancing individuals’ rights to enter
polygamous marriages with the need for fair treatment, particularly of women. The variation
in court rulings reflects broader societal attitudes toward gender roles and equality,
underscoring the need for well-defined criteria within the MMDA to regulate polygamy.
Divorce
The Haleemdeen Report (2022) proposes integrating Sharia-compliant divorce regulations
into the MMDA, defining specific types of divorce, including ṭalāq (divorce), khul‘(wifeinitiated divorce), faskh, and mubārah (mutual divorce), each with detailed criteria and
guidelines.61 Currently, Sections 27 and 28 of the MMDA are insufficient, creating obstacles
for women seeking divorce. Thus, repealing these sections and instituting a comprehensive,
Sharia-based divorce mechanism is strongly recommended. This amendment also
emphasizes the need for clear procedures regarding the reclaiming of assets such as mahr
(dower), gifts, and both movable and immovable property, to ensure women receive their
rightful possessions. These changes would enhance legal protections for women and provide
a structured, equitable approach to divorce that upholds Islamic principles.
From a gender perspective, the Haleemdeen Report (2022) addresses significant gaps
in the current legal framework to ensure greater transparency, accountability, and fairness in
the divorce process.62 By involving all relevant parties—the bride, groom, walī, wife, husband,
and Quazi—these reforms protect the rights and interests of everyone involved, particularly
women, who often face disadvantages in divorce proceedings. The emphasis on mandatory
reconciliation before formal divorce proceedings also plays a crucial role in safeguarding
women’s rights, as it encourages counseling to reduce misunderstandings and foster family
unity. Historical precedents, such as ‘Umar ibn al-Khaṭṭāb’s response to impulsive divorces,63
underscore the seriousness of divorce in Islam and reinforce the need for a prudent and
gender-sensitive approach. These measures not only protect women but also promote family
stability and the welfare of children.
Financial Arrangements: Mahr, Kaikuli, and Mata’a
In Muslim marriages in Sri Lanka, financial arrangements such as mahr, kaikuli (dowry), and
mata’a (consolatory payment) carry distinct religious and legal implications under Sharia.
Mahr, the mandatory payment or gift from the groom to the bride at marriage, is a
fundamental right of the wife, symbolizing commitment and providing financial security.64

60
61
62
63

64

Musawah, “Overview of Muslim Family Laws & Practices,” 31 May 2017, https://www.musawah.org/wpcontent/uploads/2019/03/Singapore-Overview-Table.pdf.
Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim Personal
Laws in Sri Lanka.”
Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim Personal
Laws in Sri Lanka.”
Yuhasnibar Yuhasnibar and Risna Wati, “The Law on the Tripple Talaq at Once in the View of Yusuf Al
Qaradawi’s in Contemporary Context: Analysis of Sadd Al-Żarī’ah Theory,” El-Usrah: Jurnal Hukum Keluarga
6, no. 2 (30 December 2023): 381–98.
See: Mona Siddiqui, “Mahr: Legal Obligation or Rightful Demand?,” Journal of Islamic Studies 6, no. 1 (1995):
14–24; M. Afzal Wani, “Muslim Women’s Right to “Mahr”: An Appraisal of the Statutory Laws in Muslim
Countries,” Journal of the Indian Law Institute 43, no. 3 (2001): 388–409.

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In contrast, kaikuli refers to a practice where the bride’s family provides assets or money to
the groom’s family.65 Although this custom has been introduced into Muslim culture through
external influences, it contradicts Islamic principles that prohibit such practices due to their
potential for financial exploitation. The persistence of kaikuli in some Muslim communities
presents a challenge to its removal from the MMDA, as it remains culturally entrenched.
Consequently, women often receive less mahr than they are entitled to while providing
substantial amounts as kaikuli. This discrepancy highlights the need for legal provisions
facilitating the recovery of kaikuli rather than mahr, underscoring the importance of aligning
the MMDA with core Sharia principles.66
Mata’a, a payment made to the wife upon divorce, is another significant element in
Islamic marital practice. Typically provided by the husband during separation in cases of ṭalāq
and khul‘, mata’a serves as compensation. Under the Shāfi‘ī madhhab, it becomes morally
obligatory in cases of faskh if the husband is induced to initiate the separation due to personal
faults. The amount and form of mata’a in the Shāfi‘ī madhhab are left to the husband’s
discretion, considering his financial situation and the wife’s standard of living. The ACJU
Report (2017) recommends that mata’a be made mandatory based on the type of divorce.
Similarly, the Haleemdeen Report (2022) mandates mata’a regardless of the type of divorce,
allowing the court to determine the amount when mutual agreement is not reached. Mahr
and mata’a are essential financial components in Islamic marriage, acknowledged both in the
formation and dissolution of the marriage contract respectively. There is a pressing need to
amend current legal provisions to ensure alignment with Islamic principles, based on a
thorough review of Sharia and insights from previous committees. The Haleemdeen Report
(2022) suggests criteria for determining mata’a, considering factors such as the husband’s
financial capacity, the couple’s social and educational background, the marriage’s duration,
and the number of children under either partner’s care.67
Challenges in Balancing Human Rights and Islamic Law
Reconciling human rights standards with Islamic law and community customs within the
context of the MMDA poses significant challenges.68 This balancing act is often complicated
by the principles of international human rights frameworks, Sharia, and diverse local
customs, which may sometimes conflict. While human rights frameworks, such as the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),
emphasize gender equality, Islamic law typically prioritizes fair treatment over absolute
equality. Additionally, community customs may reinforce distinct roles for men and women.
65

66
67
68

Section 97 of the MMDA defines kaikuli as a sum of money or other movable property that is paid, given,
or promised to be paid or given to the groom for the benefit of the bride, either before or at the time of
marriage, by the bride’s relatives or others. Sections 47, 64, and 65 outline the procedures for claiming
unpaid mahr and kaikuli, along with other claims that must be settled by the Quazi, or, in the case of an
appeal, by the Quazi Council, or, if further appealed, by the High Court. Magistrates’ Courts and judges
also have jurisdiction to adjudicate cases involving unpaid payments.
Shamila Dawood, “Married Women Property Rights under Muslim Marriage and Divorce Act of Sri Lanka:
A Critical Analysis,” ATSK Journal of Law 1, no. 1 (30 April 2024): 33–41.
Haleemdeen, “Report of the Advisory Committee Appointed to Propose Reforms on Muslim Personal
Laws in Sri Lanka.”
Schenk and Hasbullah, “Informal Sovereignties and Multiple Muslim Feminisms,” 102527.

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This complexity is further heightened by the existence of multiple legal systems, such as
Sharia and civil law, leading to legal pluralism.69 Such pluralism can create confusion,
particularly in informal marriage and divorce practices within Muslim communities, making
the enforcement of consistent human rights standards difficult.70
For minority Muslim communities in Sri Lanka, where the MMDA serves as the
primary legal framework governing marriage and divorce, the tension between respecting
Sharia and fulfilling CEDAW obligations is more pronounced.71 Although Sri Lanka ratified
CEDAW unconditionally in 1981, aligning the MMDA with the Convention presents unique
challenges. Women’s rights advocates continue to push for reforms to ensure gender equality
in marriage under CEDAW principles. However, within Muslim communities, calls for legal
reform often gain greater traction when rooted in Islamic principles rather than solely in
international human rights discourse. This approach reflects the understanding that reforms
aligned with the ethical objectives of Sharia may be more acceptable to traditionalist
communities, thereby reducing resistance to changes in marriage law.72
A central issue is the gender inequality embedded in traditional interpretations of
Sharia. Practices such as polygamy and unilateral divorce have historically favored men,
restricting women’s rights in marriage and family life. While some reform efforts seek to
reinterpret these norms through the lens of Sharia,73 significant gaps remain.74 The resistance
to gender equality in these areas reflects a broader disconnect between certain aspects of
Sharia—particularly those governing marriage, inheritance, and gender rights—and
international human rights norms as outlined in CEDAW.75 Muslim feminist activists
challenge these interpretations to address the political, social, and economic challenges faced
by Muslim women and to better protect their rights.76 This debate creates substantial barriers
to aligning the Sharia-based provisions of the MMDA with universal human rights standards.
Despite these challenges, several potential solutions could enhance the compatibility
between the MMDA and human rights principles. One approach is the contextual
interpretation of Sharia,77 which could help modernize discriminatory laws in divorce and
inheritance. By understanding these laws within the historical and cultural context of their
original revelations, reformers can advocate for interpretations more aligned with
contemporary human rights standards. Additionally, encouraging judicial bodies to interpret
Sharia in ways that align more closely with international human rights obligations could help
69
70

71
72
73
74

75
76
77

Cooray, An Introduction to the Legal System of Sri Lanka, 139.
Amal Alqawasmi, “Legal Pluralism’s Perspectives and Human Rights Challenges in Marriage and Divorce
Norms,” in Relationships Rights and Legal Pluralism, ed. Mateusz Stępień and Anna Juzaszek, 1st ed. (London:
Routledge, 2024), 123–39.
Ismath Ramzy and Ghavifekr, “Women Quazi in a Minority Context,” 13.
Vinitha Johnson, “A Note on the Operation of the Dissolution of Muslim Marriages Act, 1939,” Journal of
Divorce & Remarriage 52, no. 2 (17 February 2011): 94–108.
All Ceylon Jamiyyathul Ulama, “Report of the Committee Appointed to Consider Amendments to the
Muslim Marriage & Divorce Act (MMDA).”
J. Rehman, “The Sharia, Islamic Family Laws and International Human Rights Law: Examining the Theory
and Practice of Polygamy and Talaq,” International Journal of Law, Policy and the Family 21, no. 1 (6 March
2007): 108–27.
R. Eslami, “A System of Human Rights in Islam?,” Human Rights 15, no. 2 (2020): 19–36.
Schenk and Hasbullah, “Informal Sovereignties and Multiple Muslim Feminisms,” 102527.
Abdullah Saeed, Interpreting the Qur’an Towards a Contemporary Approach (London: Routledge, 2005), 126–44.

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bridge the gap between these frameworks.78 Judicial alignment, primarily through equitable
interpretations of Sharia that respect gender rights, could serve as a pathway to improving
justice and legal equality within the MMDA framework.
Conclusion
Calls for reform of the Muslim Marriage and Divorce Act No. 13 of 1951 (MMDA) in Sri
Lanka have existed since its enactment, with various committees formed to explore ways to
harmonize the law with contemporary societal norms. Key issues under discussion include
the appointment of judicial structure, women as Quazis, age and guardianship requirements
in marriage, polygamy, mahr (dower), kaikuli (dowry), and mata’a (consolatory payment).
Reform efforts have involved collaboration among Islamic scholars, legal experts, and
practitioners from other Muslim-majority countries, all contributing to potential resolutions.
Constructive dialogue and a comprehensive approach are anticipated to yield balanced
reforms that reconcile Islamic jurisprudence with principles of justice, equality, and human
rights. These findings emphasize Sharia’s adaptability to social change through contextual
interpretations that incorporate human rights considerations. However, reform efforts face
challenges due to the diverse backgrounds of committee members and varying
interpretations of Sharia, where adherence to Islamic teachings remains a central priority.
The implications of this research underscore the necessity for stakeholders to collaborate
and establish integrated recommendations, facilitating comprehensive amendments that
address both the evolving legal needs of Islam and the aspirations of modern society.
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