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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 Legal professionals argue that this system is outdated, adversarial and often forces parties to make exaggerated or false allegations, while placing unnecessary strain on the court system.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, Monaragala and Nuwara Eliya

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The Landslide Early Warning Center of the the National Building Research Organaisation [NBRO] has issued landslide early warnings to the districts of Badulla, Kandy, Matale, Monaragala and Nuwara Eliya for a period of 24 hours effective from 1200 noon today [07th January].

Accordingly,
LEVEL III RED landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Udadumbara in the Kandy district, and Nildandahinna and Walapane in the Nuwara Eliya district.

LEVEL II AMBER landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Kandaketiya in the Badulla district, Wilgamuwa in the Matale district, and Mathurata and Hanguranketha in the Nuwara Eliya district.

LEVEL I YELLOW landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Meegahakiwula, Lunugala, Welimada, Passara, Badulla and Hali_Ela in the Badulla district, Doluwa in the Kandy district,Ambanganga Korale in the Matale district, and Bibile in the Monaragala district

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Prez seeks Harsha’s help to address CC’s concerns over appointment of AG

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Chairman of the Committee on Public Finance (CoPF), MP Dr. Harsha de Silva, told Parliament yesterday that President Anura Kumara Dissanayake had personally telephoned him in response to a letter highlighting the prolonged delay in appointing an Auditor General, a vacancy that has remained unfilled since 07 December.

Addressing the House, Dr. de Silva said the President had contacted him following the letter he sent, in his capacity as CoPF Chairman, regarding the urgent need to appoint the constitutionally mandated head of the National Audit Office. During the conversation, the President had sought his intervention to inform the Constitutional Council (CC) about approving the names already forwarded by the President for consideration.

Dr. de Silva said the President had inquired whether he could convey the matter to the Constitutional Council after their discussion. He stressed that both the President and the CC must act in cooperation and in strict accordance with the Constitution, warning that institutional deadlock should not undermine constitutional governance.

He also raised concerns over the Speaker’s decision to prevent the letter he sent to the President from being shared with members of the Constitutional Council, stating that this had been done without any valid basis. Dr. de Silva subsequently tabled the letter in Parliament.

Last week, Dr. de Silva formally urged President Dissanayake to immediately fill the Auditor General’s post, warning that the continued vacancy was disrupting key constitutional functions. In his letter, dated 22 December, he pointed out that the absence of an Auditor General undermines Articles 148 and 154 of the Constitution, which vest Parliament with control over public finance.

He said that the vacancy has severely hampered the work of oversight bodies such as the Committee on Public Accounts (COPA) and the Committee on Public Enterprises (COPE), particularly at a time when the country is grappling with a major flood disaster.

As Chair of the Committee responsible for overseeing the National Audit Office, Dr. de Silva stressed that a swift appointment was essential to safeguard transparency, accountability and financial oversight.

In a separate public statement, he warned that Sri Lanka was operating without its constitutionally mandated Chief Auditor at a critical juncture. In a six-point appeal to the President, Dr. de Silva emphasised that an Auditor General must be appointed urgently in the context of ongoing disaster response and reconstruction efforts.

“Given the large number of transactions taking place now with Cyclone Ditwah reconstruction and the yet-to-be-legally-established Rebuilding Sri Lanka Fund, an Auditor General must be appointed urgently,” he said in a post on X.

By Saman Indrajith

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Govt. exploring possibility of converting EPF benefits into private sector pensions

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The NPP government was exploring the feasibility of introducing a regular pension, or annuity scheme, for Employees’ Provident Fund (EPF) contributors, Deputy Minister of Labour Mahinda Jayasinghe told Parliament yesterday.

Responding to a question raised by NPP Kalutara District MP Oshani Umanga in the House, Jayasinghe said the government was examining whether EPF benefits, which are currently paid as a lump sum at retirement, could instead be converted into a system that provides regular payments throughout a retiree’s lifetime.

“We are looking at whether it is possible to provide a pension,” Jayasinghe said, stressing that there was no immediate plan to abolish the existing lump-sum payment. “But we are paying greater attention to whether a regular payment can be provided throughout their retired life.”

Jayasinghe noted that the EPF was established as a social security mechanism for private sector employees after retirement and warned that receiving the entire fund in a single installment could place retirees at financial risk, particularly as life expectancy increases.

He also cautioned that interim withdrawals from the EPF undermined its long-term sustainability. “Even the interim payments that are given from time to time undermine the ability to give security at the time of retirement,” he said, distinguishing the EPF from the Employees’ Trust Fund, which provides more frequent interim benefits.

Addressing concerns over early withdrawals, the Deputy Minister explained that contributors have been allowed to withdraw up to 30 percent of their EPF balance since 2015, with a further 20 percent permitted after 10 years, subject to specific conditions and documentary proof.

Of 744 applications received for such withdrawals, 702 had been approved, he said.

The proposed shift towards an annuity-based system comes amid broader concerns over Sri Lanka’s ageing population and pressures on retirement financing. While state sector employees receive pensions funded by taxpayers, including EPF contributors, the EPF itself has been facing growing strain as it is also used to finance budget deficits.

Jayasinghe said the government’s focus was to formulate a mechanism that would ensure long-term income security for private sector employees, placing them on a footing closer to a pension scheme rather than a one-time retirement payout.

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