The Requirement of Muslim Marriage Registration in Sri Lanka: From the Maqasid al-Shari’ah Perspective
In Islamic jurisprudence, marriage registration is controversial between classical and modern scholars. However, this is a mandatory feature of common law in many countries. This study highlights the importance of marriage registration in Sri Lanka from the perspective of Maqasid al-Shari’ah. In this study, legal analysis methods were employed using both primary and secondary data. It was determined that the Muslim Marriage and Divorce Act no. 15 of 1951, which is unique to Muslims in Sri Lanka, is not strong enough to enforce the registration of marriages on a mandatory basis. Due to its luck of the draw, women face the consequences of protecting the legal status of their heirs, protecting the chastity of women, denying them economic rights, increasing child marriages, depriving them of inheritance rights, and subjecting them to social stigma as a result of luck in the act. Moreover, the highest objective of implementing Islamic jurisprudence is to protect the community’s dignity and economic standing. Therefore, it is possible to eliminate various evils by requiring marriage registration under the Muslim Marriage and Divorce Act.
Keywords: Marriage Registration, Maqasid al-Shari’ah, Sri Lankan Context, Muslim Marriage and Divorce Act, Sri Lankan Muslim
