Of minimum age, subjectivity and nitpicking 

A much needed revision of the Muslim Marriage and Divorce Act (MMDA) has been called for - with the government appointing a subcommittee to look into the matter. This has paved way for significant contention apropos the minimum age for marriage which in turn spawned a host of protests and an onslaught of videos and online discussions. 

Muslims in the country abide by MMDA which supersedes the Sri Lankan constitution, owing to Article 16. (1) which states that “All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter.” Thus, any laws that existed prior to the implementation of the constitution will remain valid. (www.parliament.lk/files/pdf/constitution.pdf) 

Nevertheless, many proponents who are against amendment remain unaware that the Muslim Marriage and Divorce Act is not exclusively based off the Shariah law - the MMDA, in fact, an amalgamation of Shariah law, Indonesian law and facets of local customs such as the dowry (kaikuli), which is strictly forbidden in Islam. 

A recent video widely circulated on Facebook drew the ire of a Muslim and non Muslim majority. In it, the Secretary of Sri Lanka Thowheed Jamaath (SLTJ) stated, among other things, that there is no necessity for a set minimum age, adding that children as young as 8 were sexually aware and mature. This, he expressed was basis enough to warrant the right to marry a female as long as she had attained puberty and with the permission of a Quazi, irrespective of a need for a minimum age requirement. One might recall that it was also the SLTJ that organized a protest against the increment of the minimum age, a noticeably prepubescent boy marching determinedly among its ranks holding a placard with a statement of protestation he probably didn't understand the implication of. 

A group of Sri Lanka Thawheed Jama'ath (SLTJ) Organisation members staged a protest march in Maligawatta, Maradana against the move to amend the Muslim Marriage Act as a requirement to regain GSP+ from the European Union. The protestors said as long as other customary laws such as Thesawalamai and Kandyan laws remained unchanged, Muslim law should also not be altered. (Photographs by Pradeep Dilrukshana) 

Not surprisingly, the issue has the Muslim community divided, with a minority nitpicking the minute details while refusing to see the bigger picture. “The bigger picture”, unsurprisingly, is not a very pretty one; it is not flattering to the women in it and it seems to have been painted extensively in archaic and patriarchal tones. 

It is no secret that the MMDA has been largely discriminatory towards women, leading them to vociferously articulate the need for reform of the MMDA. These personal laws vis-à-vis child marriages, polygamy, divorce have been and still are conducive to the male. This divide is especially apparent in a recent report that has brought to light the adverse facet of the MMDA that is rife with discrimination and a blatant abuse of basic human rights for the woman. The report, titled “UNEQUAL CITIZENS: Muslim WOMEN’S STRUGGLE FOR JUSTICE AND EQUALITY IN SRI LANKA” developed by Hyshyama Hamin (gender consultant and independent researcher) and Hasanah Cegu Isadeen (lawyer and activist), calls for reform and highlights issues such as the lack of minimum age for marriage, lack of autonomy and decision making for Muslim brides, dowry, unequal provisions for divorce, polygamy, maintenance and Quazis. 

Nonetheless, topics of religious and cultural concern deserve at least a modicum of sensitivity and understanding when being dealt with. Many laws, after all, have subjective implications that are often misinterpreted to suit whims and fancies. But as it happens, us humans are wont to pick and choose relatively trifling causes and issues to raise a hue and cry about while discarding or overlooking many that deserve our attention. 

Should laws be put in place to protect the innocent and voiceless? After all, factors such as marital rape - which is likely to be rampant in cases of child marriages - are sadly never considered to be a legitimate problem. Or are we making gratuitous attempts at impeaching unchartered territory? Should we just look at amending our constitution - more specifically - Article 16? 

Proponents and opponents of reform, as well as respondents to the video, weighed in. Here's what they had to say. 

Comments on revising the MMDA 

Alina 

Unfortunately a lot of religious leaders seem to be misinterpreting islamic laws and doling out rulings according to their whims and fancies. Most of them are hardwired radicals whose messed up interpretation of religion is detrimental to women especially. So I hope the government appointed committee can come together to successfully put some safeguards and regulations in place so laws cannot be abused by those in a position of power. 

Majid 

Islam is a progressive religion. Always has been. Unfortunately, this tangent of Islam has been tarnished by the existence of the fine line between religion and those in a position of power exerting their misplaced ideas of the religion. This has further led to a public misconception - not only among the non Muslims, but also the Muslims - of “prehistoric” laws that apparently allows aged men to marry 12 year old girls. Islam legislated a uncomplicated system for marriage that transcends time while remaining respectful of the changes in social norms. Thus, the “minimum age” is when one reaches  puberty; the person must be mature not only physically, but mentally. Maturity is subjective, and differs widely according to the time, place and culture. This means that while the girl, for instance, has reached puberty, it does not mean she is mentally mature enough for marriage, and finally, “A marriage contract should not be agreed before the age of puberty, unless there is a strong need to do so.” This does not give the man a free pass to engage in an intimate relationship until they are both physically and mentally ready. 

Cultural differences exist not only in parallel, but also in context of time and place. Thus, what was once the norm is now frowned upon. Which is why the marriage of Prophet Muhammed to his young wife Aisha is used as the yardstick upon which the dos and don'ts of Muslim unions are measured and okay’d. Their marriage has also been continually used as an example of the antithesis of the rights awarded to women in Islam. The circumstances of this marriage, while being unique, are not forbidden nor encouraged in Islam. So if you look at all these factors, MMDA definitely needs a reform. 

Arshad 

Who are we to decide when someone should be able to marry? It's up to the parties involved. But since almost every country has laws in place about these things, I guess we need to adhere to it. Minimum age in Canada is 16 for both, while in China its 22 for males and 19 for females. Obviously, each country has its reasons (I'm guessing for China it has to do with the law being a means of controlling populations). 

Wasaam 

Yes. Change the law. People make better decisions when they are older. The likelihood of being forced or guilt tripped into marriage at a young against one’s will would be slimmer. 

Nadia 

Overriding Article 16 is not likely to occur, but the MMDA could easily be amended if the necessary individuals put their heads together and make decisions collectively for the betterment of womenfolk. Unfortunately, radical islamists have a stronghold at the moment, especially in the Eastern parts of the country. There should be a government regulatory board that oversees them, because they are the biggest violators of women's rights and continually tarnish the name of Islam. 

Comments on the video 

Sara 

I cannot even begin to imagine the state of this idiot's mentality. He's clearly spewing rubbish, and sounds very much like a paedophile in disguise. Being a Muslim female living in Sri Lanka, it saddens me that there are Muslim men who have no respect for women or think of them as their equals, but as lowly beings, who have no say or opinion. No child should be given in marriage at the age of 10. This is absolute nonsense! Children at that age aren't marriage material and it doesn't take a genius to figure that out, so this Neanderthal needs to get his head checked or take a vow of silence. 

Zaina 

I think it's stupid. At 12 the kid is still learning how the world works, she's not ready to get married and to spend her life with a man older than her by twenty years or so!