Make polygamy legal for all, under strict conditions – ACJU

By Ifham Nizam

All Ceylon Jamiyyathul Ulama (ACJU) yesterday said it had been saddened by a Cabinet decision to amend the Muslim Marriage and Divorce Act without taking into consideration the views expressed by Islamic religious and civil organisations.

The Cabinet has decided to raise the age of marriage for all Sri Lankans to 18, make the consent and signature of the bride for the marriage mandatory, recognise the eligibility of women to be appointed as Quazis, and prohibit polygamous marriages of Muslims.

Arkam Nooramith, General Secretary of the ACJU,said that they had asked the government and Justice Minister Ali Sabry, to reconsider the Cabinet decisions at issue.

Nooramith said: “We want the Cabinet to respect the rights of all citizens.

Muslim family laws have been practised in Sri Lanka for centuries and these customary laws were codified later. These laws were subjected to amendments in the past but this was after the consultation from community representatives.”

The ACJU General Secretary said that the minimum age of marriage had been made 18 years and they agree with that decision.

“But we wish to highlight that the law states engaging in consensual sexual activities with those above the age of 16 years is legal. We propose that as the minimum age for marriage is being raised to 18 years, that consensual sexual activities below the age of 18 be declared illegal and punishable offence.”

Noorramith also said that according to the Quran, the Sunnah of the Prophet and Islamic Jurisprudence polygamous marriages are permissible. “We propose that polygamous marriages be permitted but under strict conditions, which shall eliminate any form of abuse of this provision. If the Cabinet deems that such permissibility to one community shall violate the principle of equality of law for all citizens, we propose that the General Marriage Law also provisions for polygamous marriages under strict conditions,” Nooramith said.