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Wednesday, July 28, 2021

Cabinet approves to bring Muslim marriages, divorces under common law

The proposal to amend the Civil Procedure Code which contains the marriage procedures for Muslim marriages and divorces to bring them under the common law governing marriage and divorce of citizens of Sri Lanka was approved by the cabinet.

The proposal was taken into consideration at the weekly cabinet meeting. The proposal was tabled by the Justice Minister.

Accordingly, it has been imposed provisions by the 12th section of the constitution that no citizen shall be discriminated against on the grounds of race, religion, language, cast, sex, political opinion, place of birth or any such grounds.

However, the Muslim Marriage and Divorce Act, which governs Muslim marriages and divorces, includes specific provisions that discriminate against women, and various women’s organizations belonging to the Muslim community and 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 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.

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