K.N.DEEN
COLOMBO : I totally reject the statement of Sheikh Arkam Nooramith who is one of the committee members appointed to recommend reforms in MMDA by the Minister of Justice, Quote “We clearly understand that this decision has been taken due to abuse, severe irregularities and malpractices taking place within the Quazi system” Unquote
Quazi System
a) Application for post of Quazis are called by the Judicial Service Commission (the very same authority that appoints Judges to the minor judiciary – District Judges, Magistrates, Labour Tribunal Presidents etc.).
b) Interviews for Quazis are conducted by the Judicial Service Commission.
c) Appointments of Quazis are made by the Judicial Service Commission.
d) Judicial Service Commission exercises disciplinary control over Quazis and can remove them if found that any of them have been guilty of malpractices, irregularities or abuse of power.
e) Names of Selected candidates Gazetted by the Judicial Service Commission/Justice Ministry.
f) Allowances are paid by the Justice Ministry.
g) Board of Quazis are appointed by Judicial Service Commission to supervise and hear appeals or actions by way of revision against by parties aggrieved by any actions of the Quazis in the exercise of their quasi judicial powers.
h) Appeals from the decisions of the Board of Quazis lie to the Court of Appeal and a further appeal lies to the Supreme Court.
So the Quazi system is correct, any more conditions and qualifications if necessary, the Committee appointed may recommend to the Justice Ministry for necessary action within the system.
If as said Abuse, severe irregularities and Malpractices by individual Quazis , System should work as any other Judicial officers,Judges found guilty, but not to abolish the court system?????.
The Cabinet of Ministers, the Minister of Justice and The Judicial Service Commission should look into if any found guilty should be punished to clean the system.
Political authorities interfering in the Judiciary is unhealthy to the rule of Law.
1) Age of Marriage.
a) The minimum age of marriage has been determined as 18 years.
b) We wish to highlight that the Law states that engaging in consensual sexual activities with one above the age of 16 years as being legal.
c) We agree 100% with Mr Arkam Noor Amith’s Proposal to 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 a punishable offence.
2) Polygamy
Sri Lanka after 30 years of separatist war and statistics of divorce rate, many Divorced/ war widows those lost their Husbands should be addressed by the Government for those seeking dignified life (without getting involved in other means to satisfy biological requirement) also should not forget many Males have extra Marital affairs.
“We wish to highlight that the MM&D Act is for people who follow the Islamic faith (and none others as it is a personal Law)
Hence, we hereby propose that polygamous marriages be permitted to Muslims and consider to allow for all communities, but under a set of strict conditions.
3) Consent of the Bride
Consent of the Bride to sign in the Marriage Register and also a Nikah certificated be issued as a prerequisite for Registration of Muslim Marriages,
4) The eligibility of women to be appointed as Quazis,
This was the key issue that delayed MMDA reforms from 2009 and division in the Cabinet appointed sub Committee headed by retired Supreme Courts Judge, Justice Saleem Mahsoof as Chairman and Mrs Dilhara Amarasinghe (Additional Secretary, Ministry of Justice) as its Secretary.
Out of 18 members, 08 members and the Committee Secretary were in agreement of appointment of women Quazis; other 09 members were of the opinion status co to be maintained and other reforms to be addressed first.
Committee Members who agreed for Women Quazis.
1) Hon Justice Saleem Mahsoof PC. ( Former Judge of the Supreme Courts ) Chairman
2) Hon Suhada Gamalath PC (Solicitor General, Former Secretary Ministry of Justice)
3) Professor Sharya Scharenguivel
4) Deshabandu Mrs Jazeema Ismail
5) Mrs Faleela Juranpathy (Former Principal Muslim Ladies College Col 4)
6) Mr Razmara Abdeen, AAL
7) Mrs Shafana Gul Begum, AAL
8) Mrs Sharmeela Rasool,AAL (Access to Justice UNDP)
9) Mrs Dilhara Amarasinghe (Additional Secretary, Ministry of Justice) Secretary to the Committee
Committee Members opposed to Women Quazis
1) Hon Justice Salaam (Former Judge of the Court of Appeal)
2) Hon Justice Mackee (Judge of the Civil Appellate High Court)
3) Mr Shibly Azeez PC (Former Attorney General)
4) Mr. Faisz Musthapha PC. (Former Deputy Director of Public Prosecutions)
5) Mr Nadvi Bahaudeen AAL (Chairman, Board of Quazis who took the place of Mr. S.M.A. Jabbar, former Chairman, Board of Quazis who Passed away in 2012, on the Committee)
6) Dr. M.A.M. Shukri (Director Jamiah Naleemiah)
7) Ash Shiekh M.M.A.M Mubarak (Secretary ACJU)
8) Ash Shiekh M.I.M. Rizvi Muthi (President ACJU)
9) Mrs. Fazlet Shahabdeen AAL
Taking into consideration of both reports (Justice Saleem Mahsoof PC and Mr Faisz Musthapha PC) Civil Society organizations headed by All Ceylon YMMA Conference (a community based National Organization with a network of 150 branches Island wide and a member ship over 10,000 established in 1950 and incorporated by Act of Parliament) called for public opinions and had 2 Public meeting with the participation of all sections of Muslim Community including women and it was **proposed to appoint panel of 3 Quazis (merging 3 or divisions) with 2 women and one male. along many Sother proposals. The said proposals were handed over to then Justice Minister Mrs Thalatha Athukorala.
Many reports on reforms were recommended to the Justice Ministry, but we regret our Muslim Cabinet Ministers, Minister and Members of Parliaments failed Muslim Community. ( The writer is a Past President of the All Ceylon YMMA Conference,Colombo-9)
