Statement issued by Muslim Personal Law Reforms Action Group
Muslim Personal Law Reforms Action Group (MPLRAG) is deeply disturbed and concerned over comments made by Minister of Justice & Prison Reforms Thalatha Atukorale regarding reforms of the Muslim Marriage and Divorce Act (MMDA) published on July 6th on the Jaffna Muslim website. Atukorale has commented that the Ministry is not able to take the reforms process forward because there is divided opinions among members of the 2009 Committee appointed to propose amendments to the MMDA.
As evidenced by the Committee report, there are diverse opinions among Muslims in Sri Lanka owing to a broad spectrum of views on Islam and gender equality. This by no means should be an excuse for the State to delay or limit action in pushing for reforms. We believe that the State can and must weigh in at this time, particularly as it involves principles of equality and justice for its citizens.
Therefore it is of concern that the Minister, rather than assuming responsibility and proceeding with reforms by commencing the legislative process, is passing it back to the community that demonstrably holds different view points on matters of fundamental rights.
Meddling by detractors must stop
The MMDA reform process dates back to the 1970s when the State of Sri Lanka appointed the first official Committee to propose reforms. For decades, committee after committee has submitted reports with recommendations to the State, which have not prompted any concrete action. The most recent report by the 2009 Committee was submitted by its Chairperson to the Minister of Justice in January 2018 - 9 years after this Committee was appointed. However, 7 months later there is still no official release by the Ministry of Justice & Prison Reforms.
The absence of an official release and the commencement of the legislative process leave room for interference by detractors. This is because of those who are against some of the positive positions put forward through it. We believe that the continued non-publication of the report and not initiating a pubic debate towards legislative reform based on the recommendations may give rise to back door machinations aimed at coercing consensus.
We take this opportunity to remind the minister and the Government of Sri Lanka that each day there is a delay potentially victimizes a Muslim woman or girl
We fear that this might make it possible to target the more progressive positions based on Islamic jurisprudence articulated in the report and bring undue pressure on those who have signed up to these positions. This would be disadvantageous for women and children. The fact that several of the recommendations are positive and that consensus has been reached within the Committee on a number of issues cannot be ignored. Lack of transparency will put in jeopardy this foundation and the hard work of the committee.
Consensus is an unrealistic expectation
In calling for consensus on the remaining contested recommendations from Committee members, the minister is regrettably playing into the hands of those who want to scuttle the reform process. The stated positions on some of the recommendations that are the subject of dissent are contradictory and conflicting and cannot be resolved by pitting groups with divergent views against each other. The incompatibility is due to deeper reasons to do with the different approaches to Islamic jurisprudence, the inherent diversity among Muslim communities in Sri Lanka and (patriarchal) worldviews.
One such issue is whether or not Muslim women can be appointed as Quazi (judges), marriage registrars and Board of Quazi members. Another is whether or not the MMDA should apply uniformly to all Sri Lankan Muslims regardless of which madhab (school of thought) they belong to. Pushing for consensus may in fact lead to compromises made under pressure, the consequences of which will adversely impact Muslim women and girls the most.
It also must be noted that the positions, on which consensus have already been reached, must be further deliberated in the light of national laws and Constitution, as well as international human rights standards and Sri Lanka’s obligations. These recommendations should only form the first step in the process of amending the provisions in the MMDA and should necessarily involve consultations with Muslim women’s groups and others as the process moves forward.
State has ultimate responsibility
We take this opportunity to remind the minister and the Government of Sri Lanka that each day there is a delay potentially victimizes a Muslim woman or girl. Each day there is a delay has a cost.
Can the cost of the last 7 months, the last 9 nine years, the last 48 years of no reform to the Muslim community be quantified or even justified? How much longer do Muslim women and children have to wait before their rights are granted or see that equality is recognized and that grievances are redressed?
The fact that several of the recommendations are positive and that consensus has been reached within the Committee on a number of issues cannot be ignored
Despite the opinion of patriarchal Muslim scholars, like those who have given dissenting recommendations in the report, there is enough evidence in Islamic jurisprudence and legal tradition in favour of the most progressive reforms, as evidenced by the worldwide trends in reform of discriminatory Muslim family laws towards more egalitarian laws that guarantee equality and justice for Muslim women and men.
There is no rationale as to why Sri Lanka should continue to condone discriminatory laws or practices or make piecemeal and band aid reforms that will not resolve the most pressing injustices that Muslim women and girls face in Sri Lanka today, and in turn cause graver harm.
Therefore the best way in which the final decisions can be made on all of the Committee’s recommendations, especially the ones the Committee is divided on, is taking into consideration Muslim women’s lived realities and experiences and constitutional and international human rights standards, which the Government of Sri Lanka has the responsibility to uphold, regardless of diversity of opinions within Sri Lankan Muslim communities.
Minister of Justice please take note that MPLRAG on behalf of Muslim women and children demand the following: The immediate official release of the Committee report in English, followed by translated versions in Sinhala and Tamil as soon as they are available, the creation of space for public debate and consultations on all the recommendations of the Committee, especially with women who are most affected, that a definite process with timeline for enacting reforms in the Parliament be established and publicized by the Government without further delay.
