MMDA – Female Qazi? Have two!
Posted on September 14th, 2018

Letter to the editor:  Dr. Mareena Thaha Reffai, Dehiwela

The most contentious issue about the MMDA is the demand to appoint female Qazis. Whether this demand comes from a feminist point of view, wanting to be equal in everything to men,  (which indirectly indicates the notion  that men are considered superior ) or because of the discontentment at the way most – if not all – Qazis treat the women. Whatever it is, whether it will solve the problem(s) is the question.

If it is a matter of demanding equality, how many female Qazis to be appointed? We know there are about 65 qazi posts  in the island. Is it going to be equal numbers? Or at every station to have a male and female qazi? At present there are no qualifications, no reason or rhyme how a qazi is chosen. Choosing the female Qazis too, just because they applied is not going to solve the problem at hand.

On the other hand the present qazi system is anything but satisfactory is very well known. When their hands are greased they will treat the other party, often the females, sometimes men too,  in the most derogatory way and the judgement given is often very partial is very well established. The fact that they don’t give equal hearing to the ladies, either because they don’t care, or the matters are too sensitive is a justification for demanding females to be present at the qazi courts.

But just having female Qazis in some areas and males at others will not solve this problem, for  the cases of one area cannot be transferred to another court, except within Colombo area.

A better arrangement will be to have jurors – consisting of one male and two females – so that the final judgment will be done by two males and two females. The three jurors can  inquire or advice as the case may be and suggest the final judgment. The ladies can discuss the matters with the lady complainants and be present at the time of the final judgement. If they feel the Qazi is being impartial the case can be referred to the court of appeal where too similar system to be implemented so that  justice will prevail.

Whatever is done, unless and until the basic problem of electing appropriate Qazis  and jurors and making sure they know the shariah laws and are God fearing people there will always be loopholes for injustice to take place.

 

Sent by:

Dr. Mareena Thaha Reffai,

Dehiwela

2 Responses to “MMDA – Female Qazi? Have two!”

  1. DAYA HEWAPATHIRANE Says:

    CHILD ABUSE IN DR. MAREENA REFFAI’S DEHIWELA ORPHANAGE
    Posted on December 9th, 2017
    Dr. Daya Hewapathirane Source: Ceylon Today
    The Gangodawila Magistrate’s Court on 7 December ordered the Police to speed up their investigations into the sexual assault cum abuse of children at the Darun Nusra orphanage in Dehiwala and refer their findings to the Attorney General’s Department.

    This Muslim orphanage Darun Nusra is run by Al-Muslimaath, of which Dr. Mareena Reffai is the founder.

    All the girls at the orphanage were below 18 years and had been placed under the care of the Department of Probation who had sent the children to this orphanage.

    A silent protest was held in front of the Court, in support of the 18 girls subjected to sexual abuse while they were in care of this Muslim orphanage, and against the Muslim perpetrator who committed the offence. The protest was organized by a collective of various humanitarian organisations, activists and volunteers. The perpetrator – 62-year-old Mohamed Sarippuge Mohar, was living at the orphanage premises.

    The perpetrator is being accused under one charge of grave sexual assault and eight charges of sexual abuse. However, he is presently out on bail.

    Shiraz Noordeen, the Counsel representing several teenagers, noted that the fact that the Police investigation with regard to the case had not been concluded has resulted in justice being delayed. “The lethargic process of the Police investigation has undermined this case.” Accordingly, the Magistrate ordered the Kohuwala Police to conclude the investigations and refer the case to the Attorney General’s Department for advice.

    The group of counsels representing the teenage orphans informed the Court that the Kohuwala Police had failed to record the statement of a volunteer teacher at the orphanage.

    The National Child Protection Agency is presently investigating the issue and preparing its report.

    Ceylon Today has previously learnt that Dr. Reffai had, despite being notified on repeated occasions of “the despicable act of sexual molestation of the girls at Darun Nusra, which were committed by the suspect and had been taking place since 2015,”, turned a blind eye to it and continued to employ the perpetrator until he was arrested this year.

    Source: Ceylon Today

    Dr. Daya Hewapathirane

  2. Ratanapala Says:

    There should be one law in the country. Whole problem is that our politicians are beholden to Middle Eastern money to the detriment of all Sri Lankans and Sinhala Buddhists in particular. This woman Dr Mareena Reffai is good at pontificating what is right and wrong to all. It looks as if she herself has soiled hands.

    Muslims are mostly suffering from the Stockholm Syndrome in that they – I mean the majority sympathize and identify with their tormentors – the religious police, religious judges and even overzealous parents. They endure all these indignities for the promise of “the good life in heaven”, where pedophiles, terrorists and hypocrties such as this woman Mareena Reffai are assured young virgins be they, boys or girls!

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