Reforming the Muslim Marriage and Divorce Act

Abstract

This briefing note, on efforts to reform the Muslim Marriage and Divorce Act, No. 13 of 1951 (MMDA), is presented in three sections. The first section identifies the key stakeholders in the current reform process, mainly the proponents and opponents of reform. These include the All Ceylon Jamiyyathul Ulama (ACJU); Sri Lanka Thawheed Jama’ath (SLTJ); Muslim Personal Law Reforms Action Group; Women and Media Collective; Committee on the Elimination of Discrimination Against Women; Sri Lanka Muslim Congress; and the Human Rights Commission of Sri Lanka. The second section discusses the key provisions of the Act including its contested aspects. This includes provisions pertaining to the following: minimum marriage age; women’s consent to marriage; instances of polygamy; divorce procedures; and women Quazis and marriage registrars. The section also discusses proposed reforms to the Act. The final section discusses proposed reforms to other laws that either (a) impede MMDA reform, or (b) stem from contested aspects of the MMDA.