Cabinet approves to bring Muslim marriages, divorces under common law



  • Muslim law scholars point out the need to repeal such provisions from the law

By Sandun A Jayasekera  

The Cabinet on Monday approved a proposal tabled by Justice Minister Ali Sabry PC, to amend the Civil Procedure Code which contained the Marriage Procedure enabling to govern under the said act on condition that persons who believe in Islam intend to get married under the Marriage Registration Ordinance.  

It has been imposed under provisions by  Section 12 of the Constitution which states that no citizen shall be discriminated on the grounds of race, religion, language, cast, sex, political opinion, place of birth or anyone of such grounds.  


However, the Muslim Marriage and Divorce Act, which governed Muslim marriages and divorces, had included specific provisions that discriminated against women, and various women’s organisations belonging to the Muslim community.   


Muslim law scholars have pointed out the need to repeal such provisions from the law. Therefore, under the common law governing the marriage and divorce of the citizens of Sri Lanka, it has become appropriate to provide them with alternative opportunities to govern the marriage and divorce of people of the Muslim community as well, Minister Sabry told the Cabinet while submitting the proposal. 

 

  • Section 12 of the Constitution which states that no citizen shall be  discriminated on the grounds of race, religion, language, cast,  sex, political opinion, place of birth or anyone of such grounds.



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