MMDA: Muslim MPs give green light for women Quazis
RUWAN LAKNATH JAYAKODY-10:29 AM SEP 23 2018Muslim Parliamentarians, including Ministers, have as part of the proposed Muslim Personal Law reforms agreed that qualified women of eligible age can apply to be selected and appointed by the Judicial Service Commission as Quazi/Qadi Judges under the Muslim Matrimonial Law.
Muslim MPs including Ministers have also agreed to have 16 years as the minimum age of marriage for females and 18 for males under the proposed amendments to the MMDA, Act No. 13 of 1956, which is presently under discussion.
“The Quazi’s status is a responsible position and it is recommended that they be made judicial officers as in regular Courts. Therefore, competent persons with qualifications should be appointed.
There is no gender issue. We see this in a progressive manner.
Having women Judges in Courts when sensitive issues such as divorce is taken up, will make women more comfortable. But religious leaders, the All Ceylon Jamiyyathul Ulama (ACJU) hold a conservative view in this regard. There are madhhabs (schools of thought within Islamic jurisprudence) such as the Sunni schools of thought - Shafi’i, Hanafi, Hanbali and Maliki that are applicable in this regard and take up differing positions on this issue. Islam means justice to everybody and definitely there should be no injustice to females and children in Islam,” Moulana noted.
Consensus on these matters were reached among Muslim MPs including Ministers at a discussion held on Thursday (20) at the Parliamentary complex which according to Moulana, also attended by State Minister A.H.M. Fowzie, Minister Rauff Hakeem, M.A.M. Mahrooff, and M. Mujibur Rahuman among others. Although Minister Rishad Bathiudeen was absent, his views were represented at the discussion by Deputy Minister Ameer Ali Shihabdeen and MP Dr. S.M. Mohamed Ismail, Moulana further said.
The report of the 18-Member Committee to Consider and Propose Reforms to the Muslim Matrimonial Law, the latter which was appointed in 2009 and chaired by retired Supreme Court Judge, Saleem Marsoof(PC), which was handed over to Minister of Justice, Thalatha Atukorale this year, was taken up for discussion at the meeting, along with the recommendations made by the ACJU.
With regard to arriving at a consensus and achieving a compromise on women quazis, Marsoof PC and former Court of Appeal Judge and present Consul General - Saudi Arabia, A.W.A. Salaam are to be officially invited to Parliament for a meeting cum discussion to be held on 11 October or on 23 October with Atukorale, Muslim MPs including Ministers and the ACJU, in a bid to convince the ACJU in this regard, Moulana explained, adding that other MMDA reforms-related matters too would be dealt with comprehensively on the day.
Qualifications refer to a professional education-related background in Theology and Islamic Jurisprudence (fiqh). Although not mandatory, it has been agreed on that it is preferable that the applicants are Attorneys-at-Law. The eligible age is between 40 and 65 years of age.
Retired Muslim school principals who are expected to possess general knowledge of Islamic law would also be considered, Sri Lanka Muslim Congress Batticaloa District Parliamentarian and Deputy Minister of National Integration, Reconciliation and Official Languages, Seyed Ali Zahir Moulana, speaking to Ceylon Today on Friday (21), further added. The same qualification criteria is applicable to males, he said.
Muslim MPs including Ministers have also agreed to have 16 years as the minimum age of marriage for females and 18 for males under the proposed amendments to the MMDA, Act No. 13 of 1956, which is presently under discussion.
“The Quazi’s status is a responsible position and it is recommended that they be made judicial officers as in regular Courts. Therefore, competent persons with qualifications should be appointed.
There is no gender issue. We see this in a progressive manner. Having women Judges in Courts when sensitive issues such as divorce is taken up, will make women more comfortable. But religious leaders, the All Ceylon Jamiyyathul Ulama (ACJU) hold a conservative view in this regard.
There are madhhabs (schools of thought within Islamic jurisprudence) such as the Sunni schools of thought - Shafi’i, Hanafi, Hanbali and Maliki that are applicable in this regard and take up differing positions on this issue. Islam means justice to everybody and definitely there should be no injustice to females and children in Islam,” Moulana noted.
Consensus on these matters were reached among Muslim MPs including Ministers at a discussion held on Thursday (20) at the Parliamentary complex which according to Moulana, also attended by State Minister A.H.M. Fowzie, Minister Rauff Hakeem, M.A.M. Mahrooff, and M. Mujibur Rahuman among others. Although Minister Rishad Bathiudeen was absent, his views were represented at the discussion by Deputy Minister Ameer Ali Shihabdeen and MP Dr. S.M. Mohamed Ismail, Moulana further said.
The report of the 18-Member Committee to Consider and Propose Reforms to the Muslim Matrimonial Law, the latter which was appointed in 2009 and chaired by retired Supreme Court Judge, Saleem Marsoof(PC), which was handed over to Minister of Justice, Thalatha Atukorale this year, was taken up for discussion at the meeting, along with the recommendations made by the ACJU.
With regard to arriving at a consensus and achieving a compromise on women quazis, Marsoof PC and former Court of Appeal Judge and present Consul General - Saudi Arabia, A.W.A. Salaam are to be officially invited to Parliament for a meeting cum discussion to be held on 11 October or on 23 October with Atukorale, Muslim MPs including Ministers and the ACJU, in a bid to convince the ACJU in this regard, Moulana explained, adding that other MMDA reforms-related matters too would be dealt with comprehensively on the day.
