Article: Muslim Personal Law – Reforms or Not?

Crossposted from Groundviews

Call for reform

In announcing the decisions made by the Cabinet of Ministers last Wednesday, the Government spokesperson has stated, amongst others, that the Cabinet has decided to appoint a Sub-Committee of Ministers to study and recommend reforms to the Muslim law in Sri Lanka, with a view to bringing it in line with Sri Lanka’s international human rights treaty obligations.

In the absence of any clarification as to what is the status of the Committee appointed by the Minister of the Minister of Justice in 2009, to make recommendations for Muslim law reform, it is to be assumed that that committee headed by former judge of the Supreme Court, Justice Saleem Marsoof has not been wound up. There are reports in the public domain, which indicate that the Saleem Marsoof Committee is still working on after almost 7 years of its establishment.

The Cabinet decision in question refers only to the need for aspects of the Muslim Personal law being made compliant with international human rights treaty obligations of Sri Lanka.  This is an important call, which the Muslim community should respect. However, one should not forget that there are two significant benchmarks against which the need for reform has become more pronounced in recent years. The first remains the imperative of changing what today is a pre-modern, archaic Muslim Marriage and Divorce Act in Sri Lanka. It needs to be transformed into a legal regime that is fully capable of providing true justice, and not subverting it. That, no doubt, depends on a range of factors; policy that underpins it, persons who administer it, institutions that give effect to it, and, of course, leadership, truly courageous and imaginative, that sees beyond the pale.

The ongoing process of constitution making which should also address the issues of women and children and help empower these vulnerable segments of the society is the second, yet pre-eminent benchmark. This needs to be done through provisions that are entrenched, or mandatory, in the supreme law of Sri Lanka. The need for reform, in my view, rests on all these factors. The expected outcome of Saleem Marsoof Committee could be the need of the hour.

Read full article here. 

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