BRINGING ABOUT REFORMS TO
MUSLIM MARRIAGE AND DIVORCE ACT
OPINIONS EXPRESSED BY H. ABDUL NAZAR

19.07.2019

The Muslim Marriage and Divorce Act (MMDA) has undergone many amendments more than once. All such amendments were proposed by special committees appointed from time to time and such committees were an assortment of ulama and non-ulama. Every committee submitted one and unified report / set of recommendations.

The committee appointed in 2009 to propose reforms to the MMDA should have produced and submitted to the Minister of Justice one and unified report / set of recommendations. After they submitted two reports / sets of recommendations, all these unwanted issues have arisen.

It is, therefore, the duty of this Committee to sit again and produce one and unified report / set of recommendations before it is too late.


Haniffa Abdul Nazar

----------------------------------------------------------------------------------------------------------------

24.07.2019

Dear Members (Members of WhatsApp Group MMDA – Muslim Personal Law),

We are all added to this group for the protection of the MMDA. My benign advice to all is this. Please study:

1. the MMDA,

2. the Report of the Committee submitted to the Minister of Justice with both sets of recommendations, and

3. the minutes of the meeting of Muslim parliamentarians held on 11.07.2019

After reading all these materials, you will have an insight into the issues in hand. Now you can discuss them professionally.

Acting with emotion in issues of this nature will be opening a can of worms.


Haniffa Abdul Nazar

----------------------------------------------------------------------------------------------------------------

06.08.2019

Much motivated and dividing acts (MMDA) are still under way in terms of the Muslim Marriage and Divorce Act (MMDA).


Haniffa Abdul Nazar

----------------------------------------------------------------------------------------------------------------

07.08.2019

இஸ்லாமிய சட்ட விதிகள் எதிர் மத்ஹப்.

இந்த ஒரு விடயமே போதும் முஸ்லிம் விவாக மற்றும் விவாகரத்துச் சட்டம் உருக்குலைந்து போக.

வலியும் தேவையில்லை, சாட்சிகளும் தேவையில்லை. பாய்ந்தோடும் ஜோடிகளுக்கு பரவசம்.

அது சரி. இஸ்லாமிய சட்ட விதிகளுக்கும் மத்ஹபுக்கும் இடையிலான பிரிகோடுதான் என்ன?


ஹனிபா அப்துல் நாஸர்

----------------------------------------------------------------------------------------------------------------

08.08.2019

Islamic principles vs Math-hab.

This alone is enough to deform the MMDA.

Wali is not required. Witnesses are not required. Ecstasy for eloping couples.

After all what is the bisector between Islamic principles and Math-hab?

In short reforming becomes deforming.


Haniffa Abdul Nazar

----------------------------------------------------------------------------------------------------------------

08.08.2019

'Islamic principles' as worded in this post is very vague and ambiguous. What do they refer to by 'Islamic principles'?

Registration of marriage is mandatory as per the MMDA. Wali and witnesses are mandatory for the registration of marriage as per the MMDA. Suppose a boy and a girl say that they want to marry without wali and witnesses according to some provision they found in the sources of Shari'ah, can the registration be complete and valid without signatures of Wali and witnesses?


Haniffa Abdul Nazar

----------------------------------------------------------------------------------------------------------------

09.08.2019

MMDA
AMENDMENTS

When you formulate laws, you must exercise utmost care and caution and look at both their letter and spirit, practicality of application of the laws, possible ways the laws will be interpreted after the enactment, positive and negative impacts they will have on masses, etc.

The Muslim Personal Law has seen a number of changes throughout history. As a person who has read such reforms from the time of Muhammaden Code and reports submitted by the committees appointed from time to time, I would like to state that all the reforms were carefully done. As the laws pertaining to the Muslim marriage had included the customs that prevailed among Muslims, some of the customs were made laws irrespective of their conformity to Shari'ah. (e.g. Kaikkuli).

All in all, the present Muslim Marriage and Divorce Act (MMDA) needs reforms within the parameters of Shari'ah.

Bringing about amendments to the MMDA needs the participation of both ulama and lawyers. Being Shari'ah experts, Ulama must be the authority on the interpretation of the Islamic Law. Being legal experts, lawyers must be the authority on the interpretation of General Law.

This way the intended reform will be healthy and fruitful.


Haniffa Abdul Nazar

----------------------------------------------------------------------------------------------------------------