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Broad support emerges for Faiszer’s sweeping proposals on long- delayed divorce and personal law reforms

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Clear break with hide-bound traditions

Opposition Parliamentarian and President’s Counsel Faiszer Musthapha has proposed a series of wide-ranging legal reforms to Sri Lanka’s divorce, marriage and personal law systems, drawing broad agreement from legal experts, civil society groups and women’s rights advocates who describe the proposals as timely, humane and aligned with contemporary social realities.

Among the key reforms suggested are the introduction of No-Fault Divorce, raising the minimum legal age of marriage to 18, and expanding women’s rights under Muslim and Thesawalamai law.

Sri Lanka’s current divorce framework is largely fault-based, requiring spouses seeking divorce to prove a recognised matrimonial offence. Legal professionals argue that this system is outdated, adversarial and often forces parties to make exaggerated or false allegations, while placing unnecessary strain on the court system.

Musthapha’s proposal would allow divorce on the basis of irretrievable breakdown of marriage, without attributing blame to either party.

Legal analysts say this approach better reflects modern social realities and offers a more dignified and efficient resolution to marital breakdowns.

“This is a humane reform that reduces conflict and emotional harm, particularly to children,” a senior legal practitioner noted, adding that no-fault divorce has already been adopted in many jurisdictions.

Attorney-at-Law Shihar Hassan, who is currently based in Canada, also stated that the proposal to introduce a Matrimonial Causes Act incorporating no-fault divorce is not new. He noted that it was expressly recommended by the Marriage and Divorce Commission Report of 2006, which called for a unified, modern framework recognising irretrievable breakdown of marriage as a ground for divorce across communities.

He further emphasised that by reviving the Matrimonial Causes Act proposed in 2006, the present reform effort reflects continuity with Sri Lanka’s own law reform agenda rather than a break from it. The Commission had warned that fault-based divorce laws were inefficient and socially damaging—concerns that remain unaddressed nearly 20 years later.

Strong support has also emerged for Musthapha’s proposal to amend the Muslim Marriage and Divorce Act (MMDA) to raise the minimum age of marriage to 18.

Under current law, girls below the age of 12 may marry with the approval of a Quazi, a provision, critics say, is inconsistent with modern child protection standards and Sri Lanka’s international obligations.

Women’s rights advocates and child protection groups argue that setting 18 as the minimum age of marriage is essential to safeguarding education, health and long-term wellbeing.

“Raising the marriage age is not about religion, but about protecting children,” a civil society activist said.

Another proposal gaining wide support is Musthapha’s recommendation to remove maintenance claims under Muslim law from the exclusive jurisdiction of Quazi courts, allowing them to be heard under the general Maintenance Ordinance in Magistrate’s Courts.

Legal experts say this change would make maintenance proceedings more accessible, efficient and equitable, particularly for women seeking urgent financial relief.

“This reform would ensure quicker remedies and reduce procedural hurdles faced by women,” a family law specialist observed.

Supporters of the proposals emphasise that the reforms do not seek to dismantle religious or personal law systems, but rather to modernise them in line with constitutional principles, human rights norms and present-day social conditions.

Musthapha has stressed that personal laws must evolve to reflect social change, while preserving their core values.

Legal scholars argue that meaningful reform will require broad consultation, but agree that the proposals have opened an important national conversation.

Observers note that the proposals have sparked renewed debate in Parliament and civil society on the need to balance tradition with fairness, efficiency and rights-based governance.

“There is growing recognition that family law reforms can no longer be postponed,” a senior attorney said. “Musthapha’s proposals reflect concerns that have been raised for years.”

By Ifham Nizam



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Landslide early warnings issued to the Districts of Badulla, Kandy, Matale and Nuwara Eliya

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The Landslide Early Warning Center of the National Building Research Organisation [NBRO] has issued landslide early warnings to the districts of Badulla, Kandy, Matale and Nuwara Eliya for the next 24 hours commencing at 1200hrs today [08]

Accordingly
LEVEL II AMBER landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Ududumbara in the Kandy District, Wilgamuwa in the Matale District, and  Nildandahinna and Walapane in the Nuwara Eliya District.

LEVEL I YELLOW landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Meegahakiwula, Welimada,  Kandaketiya, Lunugala, Badulla, Passara,  Uva Paranagama and Hali_Ela in the Badulla District, Ambanganga Korale in the Matale District, and Mathurata and  Hanguranketha in the Nuwara Eliya District.

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Warning for deep depression over South-east Bay of Bengal Sea area

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Deep depression Track. [Source: RSMC]

Warning for deep depression over South-east Bay of Bengal Sea area.
Issued by the Natural Hazards Early Warning Centre, Department of Meteorology at 10.30 a.m. on 08 January 2026 for the period until 10.30 a.m. 09 January 2026

The depression in the Bay of Bengal to the southeast of Sri Lanka has intensified into a deep depression and is centered near latitude 5.4°N and longitude 85.3°E, about 420 km southeast of Pottuvil at 05.30 a.m. today (08th). The above system is currently (10:00 a.m.) located about 300 km southeast of Pottuvil.

It is very likely to move west-northwestwards across the southwest Bay of Bengal and cross the Sri Lanka coast between Hambantota and Kalmunai between 5.30 p.m. to 11.30 p.m. on Friday  [9th January 2026].

Hence, showery, and windy condition over the island, particularly in the Northern, NorthCentral, Eastern, Uva and Central provinces is expected to enhance from today (08th).

For the Land area:

DAMAGE EXPECTED:
• Damage to huts, temporary shelters and light structures
• Destroy the roof tops/ sheets etc.
• Damage to power and communication lines.
• Breaking of tree branches and uprooting of large avenue trees.
• Damage to paddy crops, banana, papaya trees and orchards.
• Damage to harbor yachts
• Flash flood
• Sea water inundation in low lying areas in the near coast.

Action suggested for the Land area:
• Coastal hutment dwellers are advised to move to safer places. Other people in the affected areas to remain indoors.
• People living in hilly areas (particularly landslide prone areas) and low lying areas in river basins are requested to be vigilant.
• Drivers and people using roads in the hilly areas are requested to be vigilant.
• Beware of fallen trees and power lines.
• Avoid using wired telephones and connected electric appliances during thunderstorms.
• General public is requested to be vigilant regarding impending extreme weather situation.
• For emergency assistance contact the local disaster management authorities.
• Requested to be attentive about future advisories issued by the Department of Meteorology in this regard.

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Showers above 100 mm are likely at some places in the Eastern and Uva provinces and showers about 50-75 mm in other areas

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WEATHER FORECAST FOR 08 JANUARY 2026
Issued at 05.30 a.m. on 08 January 2026 by the Department of Meteorology

The depression over the Bay of Bengal, located to the southeast of Sri Lanka, was centered near latitude 5.3°N and longitude 86.0°E, about 490 km southeast of Pottuvil, at 11:30 p.m. yesterday (07). It is expected to move west-northwestwards and towards the eastern coast of the island during next 24 hours. This system is likely to intensify further into a deep depression during the next 12 hours.

Cloudy skies can be expected over most parts of the island.
Showers or thundershowers will occur at times in the  Northern, North-central, Eastern, Uva, Central and Southern provinces. Showers or thundershowers may occur at several places elsewhere in the Island after 1.00 p.m. Heavy showers above 100 mm are likely at some places in the Eastern and Uva provinces. Fairly Heavy showers about (50 – 75) mm are likely at some places in the other areas of the island.

Strong winds about (50-60) kmph can be expected at times over the Eastern slopes of the central hills, the Northern, North-central, North-western and Eastern provinces and in Hambantota, Gampaha, Colombo and Monaragala districts.

The general public is kindly requested to take adequate precautions to minimize damages caused by temporary localized strong winds and lightning during thundershowers.

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