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Muslim Marriages and One Country, One Law

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Open Letter to Minister of Justice

As you are aware, Muslim marriages in Sri Lanka centre around the Nikah and Walima in accordance with the tenets of Islam.

The Nikah, which is Shariah-based and therefore immutable, is essentially a brief ceremony where, under the guidance of a pious Muslim male, vows are exchanged between the Bride’s guardian (Wali) and the Groom, and is most importantly witnessed (usually) by two pious Muslim males. Additionally, prayers and duas may be recited and a sermon may be delivered by the individual-in-charge, if the persons so desire. That’s it.

This is how it was done during the time of our Holy Prophet (Sal) and this is how it should be done today. There was no ‘certification’ (in written form) of the Nikah done during the time of our Holy Prophet (Sal). The ‘certification’ (in verbal form) was provided by the two witnesses.

However, the need for some form of written ‘certification’ of Muslim marriages grew from the fact that other non-Muslim marriages issued certificates in response to evolving socio-cultural-legal requirements of society, which necessitated proof of marriage.

Unfortunately in Sri Lanka, this need for a certification was permitted to become an integral part of the Nikah ceremony. A certification that a Nikah ceremony had taken place was therefore regarded as the Muslim Marriage Certificate. The conduct of the ceremony and the issuance of the certificate have merged to become a single entity referred to as the ‘Nikah’.

This, Honourable Minister, has resulted in the sanctification of the Nikah certificate to such an extent that it is now deemed to be as inviolable as the Nikah ceremony itself.

As the first step towards bringing the Marriage Laws governing the Muslim Community in line with the policy of “One Country, One Law” enunciated by His Excellency The President, one must separate the ‘Nikah’ into it’s two constituent parts – the ceremony and the certification; the former being an obligatory religious act on the part of Muslims, and the latter being a secular, administrative requirement.

Mr Minister, please set the ball rolling by de-sanctifying the certification process. The certification is not Shariah-based. It is merely a written record of the various individuals participating in the Nikah Ceremony (names, addresses and signatures ) and could therefore be amended to suit new conditions.

The Muslim Community should of their own volition propose the following changes to the MMDA (Muslim Marriage and Divorce Act) to make it compatible with the ‘One Country, One Law’ policy.

[1] All Muslim marriages to be registered under the General Marriage Registration Ordinance (GMRO). This would amount to effecting a change only in the certification process.

[2] Additionally, if they so desire, Muslims should be permitted to conduct Nikah Ceremonies (within a stipulated period after the certification process under the GMRO) which should be recorded in a Nikah Register to be maintained by the Department of Muslim Cultural & Religious Affairs. Nikah Certificates should be issued by the Department upon request.

This would ensure that the Marriage would be recognized by the Muslim community.

[3] Muslim Brides and Grooms should be permitted to enter into a legally-valid Marriage Contract which must be signed by both individuals (a kind of Pre-Nuptial Agreement) wherein :

= they agree on the quantum of Mahr to be gifted by the Groom to the Bride

= they agree that in the event of death or on the question of inheritance, they will adhere strictly to the relevant Shariah rulings. This will counter any fears that since the original certification was a ‘civil ceremony’, the parties concerned will opt to follow non-Islamic rules in the cases of divorce or death.

= they state whatever other specific conditions that both the bride and the groom may mutually agree upon. For example, the groom may agree not to take a second wife without the written consent of the first.

= or, in the case of a really progressive couple, where the Husband agrees to the termination of the marriage by the unilateral will of the Wife (known as Isma), by agreeing to delegate the power of Talaq to his wife (Talaq-al-Tafwid). This would ensure that the couple are bound by all the relevant Islamic rules.

This would result in a ‘Win-Win’ situation for the Muslim Community as well as for the President’s Policy of ‘One Country, One Law’. Most importantly, the Muslim Community will be perceived as being willing partners in the efforts of the present Government to foster unity and harmony.

It should be mentioned in this regard that the nearly three million Muslims in the U.K continue to lead their pious lives happily under this ‘dual’ registration system of marriages for Muslims. There should therefore be no doubts whatsoever as to the efficacy of this proposed system.

BISTHAN BATCHA



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Opinion

Are We Patriotic As A Nation?

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Extracts from book “G R A T I T U D E”
By Admiral Ravindra C Wijegunaratne
(Retired from Sri Lanka Navy)
Former Chief of Defence Staff

I served as the First Secretary/ Defence Advisor at the Sri Lanka High Commission in New Delhi, from November 2001 to April 2004. I served under two High Commissioners, namely late Professor Senake Bandaranaike and the late Mangala Moonesinghe. The Late Lakshman Kadirgamar and the The late Tyronne Fernando were the Foreign Ministers during my tenure.

I was occupying a residence inside the High Commission complex at Kautilya Marg, Chanakyapuri, in the diplomatic enclave of New Delhi. Our chief gardener was Perry Ram. He was a very experienced gardener who had served in the High Commission for 30 years. He was a very dedicated person who worked tirelessly to maintain the High Commission premises with beautiful flower beds and pots.

Our High Commission garden looked very beautiful during thanks to Ram and his assistants. He had received education only up to the fifth grade. Our High Commission garden won the “Best Garden in New Delhi” award three times in the 1990s. Now he is old and the award has been awarded to the garden of the Indian Chief of Air Staff (Indian Air Force Commanders’) residence.

I had a CD which contained Indian patriotic songs presented to me by the then Indian Chief of Naval Staff (Indian Navy Commander). I used to play these songs loud at my residence. They were beautiful and could be heard even from my garden.

I noticed something unusual when the song Aye Mere Wathan Ke Logo sung by Great Indian singer Lata Mangeshkar was played. Ram, who was working in the garden would stop his work and come into attention until the song was over. It’s not the Indian National Anthem! Then why does Perry Ram come into attention? I asked an Indian Naval officer why Ram was doing that. He said “Ravi, this song was sung by Lataji in honour of the Indian Armed forces personnel who died in the Sino-Indian War in 1962. So, everyone comes to attention when it is sung in honour of those brave service personnel who paid the supreme sacrifice.” The gardener showed me what gratitude was and how to honour the War Heroes.

Aye Mere Watanke Logo (available in YouTube – please listen) song was written by Kavi Pradeep (refer Wikipedia) saddened by the large loss of Indian Army officers and men in the Sino-Indian War in 1962. Stories about the bravery of the Indian forces to stop the Chinese advance were heard throughout India.

During his morning walks at Mahim beach in Mumbai, the writer of the song, Kavi Pradeep had some ideas for a new song to be dedicated to these gallant men. He immediately borrowed a pen from a fellow walker and wrote a few verses of this new song on a cigarette packet.

Later, the song was composed by C Ramachandra. The initial plan wasn to have the song sung as a duet by Lata Mangeshkar and Asha Bhosle. However, the composer Kavi Pradeepopposed to the idea and it was sung only by Latha.

The song was first sung at the National Stadium of New Delhi on 27th January 1963 during the Indian Republic Day celebrations by Lata Mangeshkar in front of S. Radhakrishnan, the Indian President and Jawaharlal Nehru, the Prime Minister (PM) of India. The stadium was packed its capacity and it was only a few months after the conclusion of the Sino-Indian War. The song became an immediate hit. The story says that Jawaharlal Nehru was moved to tears. Later, when it was inquired by a reporter, the PM said,

“Those who aren’t inspired by the Aye Mere Wathan Ke Logo song, don’t deserve to be called Hindustani.”

Artistes/technical staff and Lataji agreed that the income from the song should be sent to Indian Army welfare fund for the benefit of the families of the Indian Army personnel killed in action.

Even today, when it is sung, everyone gets u. At the end of the song, it says “Jaya Hindi Ke Sena” (Long live Indian Army!) Please enjoy the song:

Lata Mangeshkar

Aye Mere Watan Ke Logon (Original Version | Patriotic songs)

I wish we also have a song dedicated to our war heroes

O people of my
Country Let us shout
the slogan This
auspicious day Belong
to all of us

Hoist our beloved
flag and let us not
forget Our brave
warriors
Who left their lives on the border

Give a thought to them Let us also
remember Those who did not return
home O people of my Country

Fill your eyes with tears
Remember the sacrifice
of those who became martyrs
And lets you forget
them Listen to this story

When the Himalayas were
attacked and our freedom was
threatened they fought right to
the end

Then they laid down their
bodies with their faces on their
bayonets

The immortal martyrs went to
sleep when the country
celebrated Diwali They sacrificed
themselves
in the fire of holi.

When we were sitting safe in our
homes. They confronted the deadly
bullets blessed were they those
young men blessed was their youth
those who attained

Martyrdom Remember their great sacrifice
Sikhs, Jaat and Marathas
Gurkhas and Madrasis

All those who died at the front
every dead warrior at the front everyone
Belongs to India The bloodshed on
The Himalayas
That blood was India
their bodies’ drenched
blood they picked up their
guns and each killed ten men,
then they fell
unconscious and when
the end came

They said “We are dying
now “Be happy, beloved
countrymen
“We are going our journey”
How wonderful were those
warriors How great were those
people

Long live India
long live the Indian
army long live India
Long live India

https://www.youtube.com/watch?v=Wvr8sX5-T_8

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Opinion

Ailing rubber sector?

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Rubber production in Sri Lanka commenced in 1876, with the planting of nearly 2,000 rubber seedlings at the Henarathgoda Botanical Gardens in Gampaha. The total extent under rubber in 1890 was around 50 ha and in the early 1900s it increased to around 10,000 ha. By 1982 the total extent under rubber was around 180,000 ha. However, the total extent under rubber declined subsequently and at present it is around 130,000 ha.

If the present financial situation of the country is given serious consideration, it is obvious that the income from our export needs to be increased. Rubber is one of the important export crop. It contributes about 0.6% of the total GDP.

Based on Central Bank annual reports the total rubber production in 2013 was 130.4 .1 million Kg and by 2021 it has plummeted to 76.9 million kg. The corresponding average yields are 1247 kg/ha and 679 kg/ ha respectively. These figures indicate that the Sri Lankan rubber sector is ailing in spite of several institutions/projects such as Rubber Development Dep, Rubber Research Institute and STAR project.

According to Statistical Data of the Ministry of Plantation Crops, 130,349 ha are under rubber. 89,246 ha are in the small holder (SH) rubber sector and 41,103 ha are managed by Regional Plantation Companies (RPC). The productivity (kg/ha) of the SH sector in 2013 was 1247 and has decreased to 679 by 2021 a drop of 45%. These values indicate that the productivity of the SH sector has decreased substantially during 2013-2021.

Those in the SH sector gets relevant skills and knowledge through the extension officers who work at grass root level. Thus, extension officers have an important role to play in the proper management of the rubber plantations and increasing rubber yields of the SH sector. It is because of the importance of management practices in the rubber sector, in early 1980 the Advisory Services Dept. was established with the involvement of the Smallholder Rubber Rehabilitation project (SRRP) to make the SH aware of the practices which have an important bearing on the rubber yields. At that time there were nearly 150 rubber extension officers, working for the Advisory Services Department of the Rubber Research Board to assist the SH in the eight districts, to grow, process and market rubber. However, at present there are only around 20 extension staff in the Rubber Research Board and as a result the rubber extension programme appears to be very weak which may have contributed to the decrease (45% ) in the productivity of the SH rubber sector. Extension service has a vital role to play in motivating farmers to cultivate rubber and increase its productivity. Hence, if the government is keen to increase the productivity of this sector, which plays an important role in increasing export earnings, it is essential that the Ministry of Plantation Industries provides an effective extension service and has a Rubber Advisory Department. Perhaps, the Ministry may amalgamate the Rubber Development Department and the Extension Department of RRI as was in the past. It is not necessary for the government to incur additional expenses to implement such changes.

Dr. L.M.K.Tilakaratna, former Director of RRI, writing to THE ISLAND some time ago very correctly has indicated that communication gap between the RRI scientists and those in the SH is one of the reasons for the decrease in productivity. The rubber training centre located in Matugama which played a very important role in providing knowledge and skills to the SH sectors is not functioning. It is the responsibility of the Chairman of Rubber Research Board (RRB) to see that these activities which have an important bearing on the productivity of the rubber sector are carried out without any interruption. But, the Chairmen of RRB during the last few years appears to have not taken appropriate effective action on these issues. Perhaps it may be because they did not have adequate knowledge on the rubber industry.

Around 70% of the rubber holdings belong to the smallholder sector. There are nearly 100,000 rubber small holders (SH) who need to be provided with technical know- how of the activities involved from land preparation to processing, so that the rubber production is increased qualitatively and quantitatively. In this regard the extension activities are important. It is essential that a better extension service by a trained staff is provided to the rubber smallholders if the government is keen to increase the productivity of this sector.

Dr. C.S. Weeraratna, csweera@sltnet.lk

Former Director, Advisory Services Department, Rubber Research Board.

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Opinion

‘Sethusamudram stupid project’: BJP TNA Chief Annamalai points out ‘multiple’ objections: Response

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ANI has, in a news item under the above caption in The Sunday Island has said the BJP Tamil Nadu K. Annamalai has reiterated his claim that the Sethusamudram waterway project fails on multiple fronts, one of which being the potential damage to the ‘Ram Sethu’ [bridge] which according to the epic ‘Ramayana’ was created to rescue Sita from the clutches of Ravana’. What a frivolous objection based on myth or legend at the expense of a development project. However, it is said that the Indian government intends to explore an alternative alignment so that no damage will be done to the Rama Sethu, which means that the Indian government is actively pursuing action on a request from Tamil Nadu to undertake the project by citing the benefits in international navigation through Palk Straits due to the shortening of distance and time.

It is recorded that this project was conceived as far back as in 1860 by Alfred Dunas Taylor during British rule and since then several feasibility studies had been done taking into consideration the objection of religious groups, fisheries, environmental and economic aspects. It is more likely, India may seriously concede to the request by Tamil Nadu and in which case, how will Sri Lanka be affected is a matter to be thought of and action taken to present our views. If this project is undertaken, ships will by-pass our main ports in the South, Colombo and Hambantota and load and unload cargo either at Kankesanthurai or Trincomalee. Our exports and imports will then have to be transported to Kankesanthurai or Trincomalee by rail, road or by ship. Thus, the importance of our main two ports on which we have invested to improve by large scale borrowing will be lost. On the other hand, if objections are raised by Sri Lanka, India may consider further improvements to Kankesanthurai and Trinco harbours as is seen India taking interest in undertaking projects to improve North in relaying the railway track destroyed by the LTTE, roads and also constructing houses including those of Tamil origin settled in estates and also the proposal to connect electricity supply, a vital utility for development of any country, from Tamil Nadu. With Jaffna having an International Airport and improved harbour facilities, Jaffna will be the main business hub, replacing Colombo. Added to all developments done to the North, now comes the news of proposals to implement the 13th Amendment, which will give wide powers for Northerners to transact business and self-rule, so to say, which would be advantages to India as our Tamil leaders look up to India. The keen interest India has taken to resolve the economic crisis by assuring IMF of its support is indicative of India’s interest in the affairs of our country, and maintaining peace in the South Asian region by thwarting attempts of China.

These are random thoughts of mine to be considered by authorities and wish to conclude posing a question – are we to be a colony of India, as we had been in the past with Portuguese, Dutch and the British?

G. A. D Sirimal

BORALESGAMUWA

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