Chairman of the Committee appointed to make recommendations for the amendment of the Muslim Marriage and Divorce Act (MMDA), former Judge of the Supreme Court, Justice Saleem Marsoof has announced that his Committee is in the process of finalizing its report, while assuring that the recommendations will benefit the Muslim community at large.
Issuing a statement, Marsoof said, “The Committee is now in the process of finalising its Report, and would like to announce to the general public with utmost responsibility that it is working unitedly to make its recommendations for the amendment of the Muslim Marriage and Divorce Act in such a manner that will benefit the Muslim community at large.”
The Committee headed by Marsoof was appointed in July 2009 by former Minister of Justice and Law Reform Milinda Moragoda with the approval of the Cabinet of Ministers, to consider and recommend amendments to the MMDA No 13 of 1951.
“In view of the extremely sensitive nature of the issues involved, this Committee called for representations form the public through notices published in English, Tamil and Sinhalese newspapers. Apart from the very respected Quazis, theologians, lawyers, scholars, and researchers, who have sent their views and suggestions, detailed representations were also received from associations such as the Council of Muslims of Sri Lanka, the All Ceylon YMMA Conference, The Muslim Lawyers’ Association, the All Ceylon Muslim Marriage Registrars’ Association, the Quazi Judges’ Forum of Sri Lanka, the Muslim Women’s Research and Action Forum, the Kandy Forum, the Galle Muslim Cultural Association and the All Ceylon Jamiathul Ulema, to name only a few,” the statement said.
Marsoof said that Committee had to necessarily take time to examine in great depth all the views, proposals and other representations received from the public, and in order to facilitate the process, had several public sittings to clarify and verify these representations. The Committee also had several consultations with the Fathwa Committee of the All Ceylon Jamiathul Ulema as well as the Director and staff of Jamiah Naleemiah. “This Committee has given anxious consideration to the problems faced by the public and their many concerns, in the context of the principles of Islamic jurisprudence (Fiqh), Sri Lanka’s Constitution and the applicable laws and procedures, and has attempted to evolve solutions to some serious social and legal problems and issues in harmony with the law of the country,” he said.
“As you may be aware, this Committee consists of erudite personalities in the caliber of reputed scholars, renowned lawyers and other professionals, who are conscious of the need to bring about urgent and appropriate reforms to both the substantial and procedural laws constituting the Quazi Court system consistently with the principles enshrined in the Holy Quran, Hadis, Ijma and Qiyas,” Marsoof assured.
Members of the Committee appointed by the former Minister of Justice Millinda Moragoda comprises:
Mr. Justice Saleem Marsoof P.C (Chairman)
Ms. Dilhara Amerasinghe (Secretary)
Mr. Justice Abdus Salam, member of the Right to Information Commission
Mr. Justice Mackie Mohamed Judge of the Civil Appellate High Court
Mr. Shibly Aziz P.C
Mr. Faisz Mustapha P.C
Deshabandu Jezima Ismail
Ash Sheikh Rizwe Mufthi, Chairman of the Jamiathul Ulema
Prof. Sharya scharenguivel, former Dean of the Law Faculty of the University of Colombo
Mr. Razmara Abdeen, Attorney-at-law
Ms. Safana Gul Begum, Attorney-at-law
Ms. Fazlet Shahabdeen, Atorney-at-law
Ash Sheikh M.M. Mubarak, Secretary of the Jamiathul Ulema,
Ms. F.B. Juranpathy, Member of the Mediation Commission
Dr. M A M Shukri, former Director of Jamiah Naleemia
Mr. Nadvi Bahudeen, Chairman of the Quazi Board of Review