In light of the severe economic crisis and political upheaval this year, Muslim Personal Law Reform Action Group (MPLRAG) made a strategic decision to pause its activism since March 2022. This was to allow space and time for the vital advocacy for economic and societal justice calling for an end to the suffering of all Sri Lankans.
However, we continue to witness how the unjustified delays in reform to the Muslim Marriage and Divorce Act (MMDA) is affecting many Muslim women and girls especially during the pandemic and the ongoing economic crisis. This includes lived realities of Muslim girls dropping out of schools and an increase in child marriage due to additional financial pressure on families. Within our peer groups, forced and coerced marriages also continue to occur and are further made possible by the fact that Muslim women still cannot physically consent and sign their own marriage documents. In addition to this, there are numerous divorce and maintenance cases, which are stuck and delayed before Quazis around the country, putting women and children in very vulnerable and economically precarious situations including instances of domestic violence.
The discrimination that Muslim women and girls face under the MMDA and before the existing Quazi system has only escalated in the recent years. An increasing backlog of cases in Quazi courts continues to remain unaddressed in the last two years. Each day that the legislative process for reform is delayed, Muslim women are bearing the hardship and experiencing prejudice and discrimination. This is unacceptable, especially since the 2021 Committee appointed to advise the Minister of Justice on amendments completed its tasks over 17 months ago. Since then, the Ministry of Justice has failed to update the public about the timeline or the process. MPLRAG filed an RTI in August 2021 in an attempt to obtain a copy of the report.
Sri Lankan Muslim women continue to be caught between two main obstacles. One is the conservative Muslim community members who are stubbornly opposing comprehensive reform of the MMDA, as well as undertaking dangerous attempts to discredit and put at risk individuals who have been legitimately advocating for progressive reforms. The other is the threat of MMDA repeal promoted by racist elements in power. These racist elements are also fuelled by the failure of the Muslim communities to secure the much-needed reform of the MMDA. The campaigns based on insular, misogynistic and fundamentalist ideologies have provided fodder for racist political motives to thrive. We reiterate, as we always have, that we stand firm against such narrow political interests of racists and also against the conservative shortsightedness of Muslim groups that are attempting to stall reforms and prevent Muslim families from securing justice.
MPLRAG has always and continues to advocate for comprehensive reform of the MMDA. It is the only way forward.
We need an MMDA that aligns with Islamic principles of equality, justice, fairness and compassion and which is compliant with Article 12 of the Sri Lankan Constitution. The right to not be discriminated against on the grounds of religion, race, gender and language must extend to Muslim women and girls.
Comprehensive MMDA reform is long overdue. The time for equality and justice for Muslim women is now. We ask Sri Lankan decision makers to reform the MMDA without any further delay!
Sinhala and Tamil translation of this statement to follow shortly.