Maqāṣid al-Sharīʿah as a framework for Muslim family law reform in Sri Lanka: a pathway toward gender justice

Ali Abdullah, Mohamed Mahroof and Mohd, Azizah and Ibrahim, Norliah (2026) Maqāṣid al-Sharīʿah as a framework for Muslim family law reform in Sri Lanka: a pathway toward gender justice. IIUM Law Journal, 34 (1). pp. 187-238. ISSN 0128-2530 E-ISSN 2289-7852

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Abstract

Muslim family law occupies a central position within Islamic legal tradition, aiming to preserve family integrity, justice, and social harmony. Yet in many contemporary contexts, including Sri Lanka, existing legal frameworks continue to reflect gender-discriminatory norms rooted in historical interpretations rather than the ethical objectives of the Sharīʿah. The Muslim Marriage and Divorce Act (MMDA) 1951 has been widely criticised for its provisions on minimum marriage age, women’s consent, divorce, polygamy, and Quazi appointments, despite Sri Lanka’s constitutional commitments and its ratification of CEDAW. This study examines whether a maqāṣid al-sharīʿah–guided approach can provide a legitimate and principled pathway for reforming the MMDA while remaining faithful to Islamic jurisprudence. Employing a maqāṣid-based qualitative doctrinal and thematic analytical approach, the study argues that certain provisions of the MMDA generate gendered disparities inconsistent with the higher objectives of Sharīʿah, particularly justice, dignity, welfare, and the preservation of religion, life, intellect, lineage, and property. It concludes that maqāṣid al-sharīʿah offers a coherent normative framework for reforming Muslim family law in minority contexts such as Sri Lanka, enabling the transformation of the MMDA into a more humane, just, and socially responsive legal instrument

Item Type:	Article (Journal)
Uncontrolled Keywords:	aqasid al-Shari’ah, Family Law, Gender Justice, Equity, Equality, Sri Lanka
Subjects:	BPK Islamic law. Shari'ah. Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Education > Department of Language & Literacy
Depositing User:	Dr Azizah Mohd
Date Deposited:	10 Jun 2026 12:38
Last Modified:	10 Jun 2026 12:38
Queue Number:	2026-05-Q3617
URI:	http://irep.iium.edu.my/id/eprint/129207

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