Marriage And Human Rights Violations: Are They Closely Linked?

Getting married is sometimes, no easy feat. With the multitude of faiths and the rules by each of them, getting hitched for many is no longer as easy as heading to a civil court or registrar. It involves time, multiple discussions and even tears. Certain groups in Sri Lanka do not even have a say in who they marry — often, the parents decide for them, and in instances, the woman does not even need to present for her own marriage.

- Shihaam Hassanali

Last year, when my now-husband and I were prepping for our big day, one of our biggest hurdles was the formalities of getting married. Although, I come from a family that is completely mixed (think different nationalities, faiths and cultures) and my husband is biracial, we faced a host of issues when it came down to how we could ultimately get registered. We both agreed we wanted a civil ceremony, minus the religious additions that are typically present at Lankan weddings. But, because the law of the country is such and both our birth certificates state that we were born to Muslim fathers, we were compelled to either walk the straight and narrow or not get married at all.

THE MUSLIM MARRIAGE AND DIVORCE ACT OF 1951

“What’s so bad about getting married under the realm of your faith?” you may ask. Well, the Muslim Marriage and Divorce Act (MMDA) of 1951 deals with the marriage laws of the Muslim community in Sri Lanka. And, culturally, the MMDA doesn’t allow the woman to sign for herself during the marriage ceremony. In fact, she does not even need to present. Her father (or male guardian), the groom and his father (or male guardian) are the only individuals necessary to proceed with the Nikah (registration). Consent from the bride is not paramount compared to consent from her father.

Aside from this very problematic issue, some other serious infringements on rights include:

Legally allowing child marriage by not stipulating the minimum age of marriage as 18 years. (The Quazi can even permit children to marry under the age of 12).

Different divorce conditions for men and women.

Qualified women not allowed to be, Quazis, jurors or Board Of Quazi members.

No mandatory requirement of qualifications or compulsory training for Quazis.

PERSONAL LAWS TRUMP THE CONSTITUTION