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Cabinet nod to allow Muslim marriages, divorces under common law

Cabinet approval has been received to amend the Civil Procedure Code to permit Muslims to marry under the Marriage Registration Ordinance as certain provisions in the Muslim Marriage and Divorce Act (MMDA), were found to discriminate against women.

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

However, the Muslim Marriage and Divorce Act, which governs Muslim marriages and divorces, has included 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 the 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.

Accordingly, the Cabinet of Ministers has approved the proposal tabled by Justice Minister Ali Sabry to amend the Civil Procedure Code and the Civil Procedure Code which contained the Marriage procedure enabling to govern under the said act on condition that persons who believe in Islam intend to get married under the Marriage Registration Ordinance.

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