DR M HARIS Z DEEN
LONDON : In a podcast after the latest “Intellectual Dialogue on MMDA Reforms – The way forward- with the participation of Justice Minister Hon. Ali Sabri, President’s Counsel Faisz Musthafa, Attorney At Law Shabry Haleemdeen, Attorney At Law Shifana Sheriffdeen and Attorney at Law Shanaaz Mahuroof, who hit the nail on the head when she advocated the replacement of the Quazi Court with a Quazi Tribunal comprising of two women and one man in order to give some comfort to women who are now intimidated by the domination of the Quazi system by men.
The present system also affects the representation of women counsel in respect of divorce or matrimonial case proceedings due to male domination said Mrs. Mahuroof. She quoted verses from the Qur’an which provides for witnessing of documents and events by two women as being equal to one man, although in a different context, provides the authority for two women with one man in a tribunal and conforms to the context that “if one woman forgets the other can remind”. Thus, it would provide a perfect solution to the present crisis.
Lawyer Shanaaz also questioned the wisdom of restricting registration of marriages of girls under 18, without addressing the question of girls getting pregnant by consensual sex and the parents are left literally “holding the baby”.
“You can stop girls under the age of 18 from being forcefully married. I am all for supporting that, but can you prevent consensual sex between girls and boys under the marriageable age”? questioned Lawyer Shanaaz. That is a problem that many families have faced. Registration is an important concept that provides support against bastardry and the need for deciding family rights in the case of intestacy. In addition to the Nikah ceremony a civil registration must be made mandatory either in accordance with Islamic Shariah or according to the civil law of the country said Attorney Shanaaz Mahuroof.
In matters connected with matrimonial disturbances, Lawyer Shanaaz suggested marriage counselling sessions to bring about reconciliation as much as possible. This is a sensational idea that would strengthen and support a Quazi tribunal to understand issues connected between the parties
In supporting Lawyer Mahuroof, I might add that scrapping the MMDA will not solve the problems of Muslims facing matrimonial disturbances as they as much as anyone else do not want to “wash their dirty linen in public” which would be the case in a Magistrate’s Court.