Ali Abdullah, Mohamed Mahroof and Ibrahim, Norliah and Mohd, Azizah
(2026)
The consent of the bride under Muslim personal law in Sri Lanka: a stakeholder-based reassessment through Maqāṣid al-Sharīʿah.
Muallim Journal of Social Sciences and Humanities, 10 (2).
pp. 146-164.
ISSN 2682-9231
E-ISSN 2590-3691
Abstract
According to the Islamic law, the consent of the bride is generally crucial and it has significant importance. Under the Hanafi school of law, such consent is a fundamental requirement to the validity of marriage rooted in the principles of dignity, justice, and personal autonomy. The Muslim Marriage and Divorce Act (MMDA) 1951 in Sri Lanka however, although formally acknowledging consent, does not mandate explicit or verifiable procedures such as the bride’s direct verbal affirmation or signature. This omission has generated persistent concerns regarding coerced marriages and the erosion of women’s agency. This article examines the consent of the bride as stipulated by the MMDA through a Maqāṣid al-Sharīʿah–based reassessment informed by stakeholder perspectives. Adopting a qualitative socio-legal methodology, the study combines doctrinal analysis of Islamic legal sources, statutory provisions, judicial decisions, and international human rights instruments with empirical data from semi-structured interviews with 10 participants from various backgrounds. The findings reveal a broader consensus among the stakeholders that existing legal framework and its practices inadequately protect women’s autonomy and fail to ensure genuine consent. Drawing on the objectives of Sharīʿah, this article argues that the requirement of explicit consent and documented proof are both Islamically justified and legally necessary. The experience of other Muslim family law jurisdictions support adopting a supra-madhhab approach to reform, aligning the Sri Lankan Muslim family law with contemporary human rights standards, while remaining faithful to Sharīʿah law and its objectives
Actions (login required)
 |
View Item |
Download Statistics
Download Statistics