President of Sri Lanka
Minister of Justice
Ministers of the Cabinet
Members of Parliament
OPEN LETTER TO ALL REPRESENTATIVES OF THE PEOPLE
Amidst considerable hardship faced by the people of Sri Lanka, we raise the critical and long standing issue of MMDA reforms. We understand that the issue of polygamy and the Quazi system, in the Muslim Marriage and Divorce Act of 1951 (MMDA), is delaying the much needed reforms and that parliamentarians are discussing these issues with the Ministry of Justice. We write to bring to your kind attention that Muslim women and girls have been denied fairness and justice for decades, and the urgency for reforms has increased significantly in the context of the COVID-19 pandemic and the economic crisis.
On polygamy and the Quazi system
MPLRAG has time and again provided members of parliament with evidence of case studies detailing harm caused to victims of polygamy. We have provided constitutional arguments supporting prevention of harm, Islamic jurisprudence that monogamy is the preferred practice, and examples of legal reforms in Muslim countries that have abolished the practice. MPLRAG has also shared ample evidence from countries that introduced conditions to the practice of polygamy that have failed to translate to justice and fairness for women and children. After taking into consideration all of the above we have consequently demanded the absolute restriction of polygamy.
On the question of the Quazi system, we have shared information about how greatly abused the system is and the absolute need for formal supervision. Retaining the existing Quazi system or making superficial changes is not an acceptable position for Muslim women and children. MPLRAG has shared a position paper for a family court system for Sri Lanka.
MMDA reform is a responsibility of all members of Parliament.
Regardless of religion, ALL members of Parliament are bound by the constitutional guarantee of security of person and prevention of harm as a responsibility that your office is sworn to uphold. The Constitution guarantees, in the preamble, freedom, equality and justice and the dignity and wellbeing of all. The Constitution, in the Directive Principles of State Policy, guarantees promotion of the welfare of the People by securing a just social order, the realisation of an adequate standard of living, protection for the family and promoting, with special care, the interests of children and youth. Freedom of religion or belief or sentimental attachment can NEVER be used as a cover or excuse for the rights of Muslim women and girls to be violated.
For decades, the State has regrettably shirked its responsibility and failed to afford equal protection of the law to Muslim citizens, particularly women and children. We urge you to consider the responsibility of your office in ensuring the prevention of harm. All demands made by MPLRAG for progressive reforms, are supported by sound evidence and complies with constitutional guarantees and progressive Islamic jurisprudence.
We urge that the welfare and wellbeing of Muslim women and girls be at the center of any and all amendments made to the MMDA. This is the group that is most affected by the current MMDA. Hence, it is important that you lend your support and your voice to demand for urgent reform to the MMDA, and not accept any further delay to the process. Please ensure these amendments get passed urgently.
Yours sincerely,
Muslim Personal Law Reform Action Group (MPLRAG)