Sunday Dec 15, 2024
Monday, 29 July 2019 00:00 - - {{hitsCtrl.values.hits}}
The immediate reforms of the MMDA were listed as follows:
The minimum age of marriage for all Muslims must be 18 years without any exceptions
Women should be eligible to be appointed as Quazis, Members of the Board of Quazis, Marriage Registrars, assessors (jurors) and registrars
The MMDA must apply uniformly to all Muslims without causing disadvantage to persons based on sect or Madhab (school of jurisprudence)
Signature/thumbprint of both bride and groom is mandatory in all official marriage documentation Adult Muslim women are entitled to equal autonomy and need not require the ‘permission’ by law of any male relative or Quazi to enter into a marriage
Mandatory registration required for legal validity of marriage
Polygamy to be permissible only under exceptional circumstances, with just cause, under specific conditions including financial capacity, consent of all parties, and with court authorisation
Conditions to be imposed for obtaining Talaq and Fasah divorce. Procedures for divorce initiated by husband and wife must be the same, including appeal process. MMDA must recognise Mubarat and Khula forms of divorce
Kaikuli expanded to include immovable assets and made recoverable at the time of divorce. Granting and obtaining kaikuli (dowry) without recording during marriage registration to be illegal and attract a penalty
Introduce, recognise, and facilitate the concept of the marriage contract to be entered into by Muslim couples prior to marriage
Upgrade the quality of the Quazi court system as effective ‘family friendly courts’ by improving the qualifications of Quazis to ensure competent Quazis, efficient access to justice for women and men, and a robust monitoring mechanism