By Ali Sabry, Former Minister
My recent remarks in an interview with a Tamil Youtube channel on the need for urgent reforms to the Muslim Marriage and Divorce Act (MMDA) have sparked debate. Let me be clear: I have deep respect for the Ulema. However, reverence cannot be a shield for injustice. The law, as it stands, does not serve all, especially not our women. And that must change.
For decades, since 1971 we’ve seen committee after committee, Justice Jameel, Dr. Shahabdeen, Justice Marsoof, Haleemdeen, yet the reforms our community needs have remained elusive. How long must we wait? Sooner or later, our people will lose faith in the system entirely.
What is even more troubling is that some of the strongest opposition to reform comes from those living in Western democracies, enjoying equal rights under secular legal systems, while denying those same rights to their own community back home. That is not just inconsistency; it is hypocrisy.
Let’s also confront the uncomfortable truth: if 6 out of 60 Quazis have been caught red-handed accepting bribes—that’s 10%. It’s not just a few bad apples. It is a system under strain, and in desperate need of reform. Using the name of Muslim law to cover up injustice is a betrayal of the very values Islam stands for compassion, accountability, and fairness.
Unless these reforms are incorporated, we will continue to project a false image of Islamic values and laws, doing a grave disservice to the religion we claim to uphold and the values we pledge to protect.
It is high time we implement the minimum, essential reforms:
1. A minimum age of marriage at 18
2. A woman’s right to sign her own marriage certificate
3. Provision for permanent alimony
4. Abolishing kaikuli (dowry)
5. Granting maintenance jurisdiction to Magistrate’s Courts
6. Setting minimum qualifications for Quazis
7. Allowing women to serve as Quazis
8. Referring contested divorces to the District Court for fair, evidence-based adjudication
The draft Bill is finalized. The Attorney General has certified it. We have no excuse left.
No law is worth the paper it’s written on if it fails to deliver justice, justice without fear, favour, or prejudice, especially to the oppressed and vulnerable. This is not about religion versus reform. It is about honouring our faith through a legal system that reflects its highest ideals. The time to act is now.
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