After promising to end violence against women and protect the rights of all children, the current government convened a Committee in late 2025 to review the long-pending MMDA Amendment Bill. A sign, perhaps, that change was finally on the horizon. As part of this process, the Ministry of Justice opened a public consultation from February to April 2026, inviting feedback on some of the most critical issues at the heart of the reform debate, which included:
- Minimum age of marriage
- The bride’s right to sign her own marriage contract
- Polygamy and the conditions surrounding it
- The Quazi, District, and Family court system
- Women’s eligibility to serve as Quazis
In February 2026, MPLRAG made the following submission on all 5 areas:
- ON MINIMUM AGE OF MARRIAGE
We strongly urge the government to raise the minimum age of marriage to 18 years without exceptions under the MMDA in order to establish a standard minimum age of marriage for all citizens, regardless of religion. The issue of the minimum age of marriage is, first and foremost, a child rights issue.
The Sri Lankan government is responsible for establishing a standard minimum age of 18 years for all children, in order to protect child rights and promote education, health and wellbeing. Placing perceived cultural and religious rights before gender equality and child rights and legally allowing for Muslim minors to be given in marriage at an early age and legally exempting their protection under the Constitution and Penal Code is a serious violation of the State’s responsibility.
Considering exceptions to the minimum age of marriage as 18 fails to protect children.
- Critical education years: 16-18 years is a critical time period for education in Sri Lanka. Children sit for their O/Levels at 16 years and A/Levels at 18 years. Completing these two important levels of education significantly improves higher education, income-earning and skill-building opportunities for girls, therefore increasing their chances of a more secure future.
- A girl child is more likely to drop out of school if she marries between 16 – 18, thereby restricting her chances of higher education and employment. This causes a cycle of economic dependency and hardship, especially if the husband becomes incapable of providing for her, or a divorce occurs in the future.
- The process of studying for A’Levels can build discipline, work ethic, and resilience. These are not just academic benefits but useful in all walks of life (further education, work, etc.). Employers often prefer or require an A/Level qualification for many professional or managerial roles.
- Health impacts: Child marriage (below 18 years) often involves a change in lifestyle, limits education, increases health risks from early pregnancy, and perpetuates cycles of poverty.
- Economic impacts: Given the difficult economic crises of the past and around the world, children in our communities need to be equipped with knowledge, skills, and education to face any future challenges. Many girls who faced child marriage have been left in precarious and unjust economic difficulties later in life.
- Islamic jurisprudence supports this reform. The Quran and practices of the Prophet supports (1) educational rights as Islam strongly emphasizes the pursuit of knowledge, and (2) protection from harm which in this case includes the physical, psychological, and developmental harm caused in child marriages.
- ON SIGNATURE OF BRIDE
MPLRAG urges that it must be made mandatory for brides to give their consent and sign their marriage documents. The marriage is to be only valid on Bride’s and Groom’s signatures being placed in the presence of the marriage registrar.
The signature of wali (male guardian) can be made optional. The bride shall decide whether to include the wali’s (male guardian’s) signature as an addition to the marriage document(s).
- ON THE PRACTICE OF POLYGAMY AND CONDITIONS
MPLRAG urges that polygamy be strictly prohibited in Sri Lanka under the MMDA. This is based on the understanding that (1) Islam paved the path to restricting the practice of polygamy, (2) the social conditions that justified the limited practice of polygamy do not exist in Sri Lanka today, and finally (3) the practice has been shown to be abused with long-term negative impacts on the lives of women and children.
In the alternative, if polygamy cannot be abolished, as a result of stakeholders insisting on the option of polygamy remaining permissible in law, it ought only be permitted with the following conditions:
- Under specific conditions such as the consent of all parties (existing wife, intended wife and husband),
- The existing and intended wife/wives have to agree before the court to her husband marrying a second wife.
- Under exceptional circumstances, with just cause,
- Financial capacity to maintain multiple families, including evidence of adequate finances and the ability to maintain the existing and new families;
- Capacity of dealing justly and equitably with his intended wife and his other wife or wives and children,
- Evidence that the new marriage will not cause harm to the existing wife, wives, and children (if any);
- Clear guidelines and procedures to be followed, and with authorisation of the Quazi in the interim of a family court (only if the position ensures trained, capable Quazis and does not exclude women until such time that a family court is established).
- A woman may petition the court for a divorce if she is able to show that her husband has failed to meet the requirements that he must meet under the law with regard to polygamous marriages.
- ON QUAZI/DISTRICT/FAMILY COURT SYSTEM
Medium to long term (in 2-4 years): The State of Sri Lanka must prioritise the establishment of a specific Family Court, with original jurisdiction, having the power to adjudicate over all family matters (general and family laws) must be the ultimate goal of judicial reform. Once a family court system is in place, all matters dealing with the MMDA and marriage and family matters under other laws can be administered through this system.
Short term / Interim measure (for 1-2 years): Until a fully functioning Family Court is established, we urge the government to repurpose the current Quazi system into a hybrid model of Quazi and district court system for administration of MMDA cases, whereby if the case is not completed within a year before the Quazi, it will be transferred to the District Court:
- The District Court may apply the MMDA (substantively reformed). The rationale is that the District Court is a court with original jurisdiction over civil matters, and Muslims as equal citizens of a country ought to have equal access to such a judicial institution, currently available for testamentary matters and custody of children. Further, the District Court has some general features required for a good family court, such as transparent and predictable access, procedural fairness, qualified judges and predictable application of the law.
- However, it is imperative that the current District Court is improved if it is to apply family law. There must be concrete, short- and medium-term goals to improve access, including language accessibility, affordability, privacy, the introduction of an inquisitorial approach, and the timely delivery of decisions.
- Community-level adjudicators / Quazis: Proper family mediation through a State-trained process must be introduced into the application of the MMDA. The features of accessibility, affordability, and the space to express views in one’s own words and language must be available. Mediators/adjudicators, female and male, must be properly qualified, trained, and supervised, and maintain high standards of family mediation.
- Muslim mediators to be available for Muslim couples. As the Quazi system has features of physical access, affordability, space to express views in one’s own words and language, it can be adapted for this purpose with due regard to training, supervision, and standards.
- To increase access to justice, applications for maintenance can also be made to a Magistrate court. The MMDA must make mandatory provision for payment of mata’a (compensation) by the husband to the wife in cases where fault of the husband has been established.
Court system must improve access to justice:
- The MMDA must set out appropriate qualifications and competencies for Quazis/adjudicators. Quazis must be well-trained in substantive and procedural aspects of administering the MMDA, and must be provided with administrative support.
- Comprehensive training of adjudicators before placement and regularly while in service must be provided. Proceedings before the adjudicators must ensure the privacy and security of all parties.
- All courts must have trained counselors, female and male, to support litigants during cases.
- Establish a system for regular monitoring of court proceedings and records.
- Public accessing the Quazi /adjudicator must be made aware of procedures and of complaints mechanisms.
- Complaints must be inquired into in a timely manner, complainants must be updated of the process and final decision, and where necessary, appropriate disciplinary action must be taken.
- ON WOMEN AS QUAZIS
Any restriction on women holding official positions under the MMDA must be removed. This would include appointments to the position of marriage registrars, adjudicators and Quazis and Board of Quazi members, and enabling Muslim women to adjudicate and/or conciliate on disputes relating to marriage and divorce on an equal footing with Muslim men.
We emphasize that eligibility for such appointments should not be determined by gender but by clear, objective criteria, including educational qualifications, training, and the requisite skill level. Therefore, MPLRAG strongly urges that females should be appointed as Quazis under the MMDA. Additionally, we recommend that the principle of equality and non-discrimination must extend to all official positions in the sphere of administration and decision-making under the MMDA, including marriage registrars and membership on the Board of Quazis, where applicable.
In addition to these reforms, we urge that the MMDA reforms also include the following:
- Marital property: Property acquired during the marriage should be fairly distributed at the time of divorce, including accounting for non-financial contributions and unpaid care work;
- Islamic marriage contracts (pre-Nuptial agreements) with conditions that do not violate rights may be entered into by couples. This is a recognised Islamic tradition.
- Dowry/Kaikuli: Dowry and any other transactions of money or property exchanged at the time of marriage be made recoverable by the party who gave the property in the event of divorce. In the interest of fairness, the circumstances of the use of the property by the couple should be considered
- Divorce: Divorce procedures, including rights of appeal must be equalised for men and women. Mutual consent divorce must be recognised under the MMDA.
- Alimony: Mata’a (alimony/compensation) must be recognized with guidelines for calculation.
- Maintenance: Maintenance orders must be based on criteria that ensure that adequate maintenance is paid.
