Sri Lanka: polygyny under the Muslim Marriage and Divorce Act 1951

1Law applicable to Muslims

Sri Lanka has a plural system of personal laws. Muslims, about 9.7% of the population according to the 2012 Census, are subject to three specific laws:

• Muslim Marriage and Divorce Act No. 13 of 1951 (MMDA): marriage contract, registration, polygyny, divorce, maintenance and Quazi courts.
• Muslim Intestate Succession Ordinance No. 10 of 1931: inheritance.
• Muslim Mosques and Charitable Trusts or Wakfs Act No. 51 of 1956: mosques and waqf.

The general marriage law, the Marriage Registration Ordinance 1907 (also called the General Marriages Ordinance, GMRO), expressly excludes “marriages between persons professing Islam”. So Muslim couples cannot choose the GMRO and must marry under the MMDA. Kandyan Sinhalese, by contrast, may choose between the Kandyan Marriage and Divorce Act 1952 and the GMRO.

Article 16(1) of the Constitution preserves the validity of existing written law even where it conflicts with fundamental rights. This is why provisions of the MMDA cannot be challenged in court on grounds of discrimination. Parliament can nevertheless amend the Act.

2Marriage contract and registration

Under the MMDA, marriages are registered by a Registrar of Muslim Marriages appointed under s.8, s.9 and s.10. The Act requires the registrar to be a Muslim man. Key features of the system:

• Validity does not depend on registration. Under s.16, a marriage valid under the Islamic law of the parties' school (“sect”) remains valid even if not registered. The HRCSL stresses that registration is “not mandatory” under the MMDA.
• The bride's signature is not required on the registration form. The wali's signature, on the other hand, is mandatory. This is one of the main reform issues.
• No minimum age. Section 23 only requires the Quazi's permission to register the marriage of a girl under 12 years. Indeed, a marriage without that permission may still be valid under s.16. The GMRO, by contrast, sets a minimum age of 18 years for all non-Muslims.
• Penal Code s.363(e) exempts from the offence of statutory rape a husband with his wife aged over 12 years. The HRCSL recommended deleting this exemption.

3Polygyny: 30 days' notice to the Quazi (s.24)

The MMDA allows a Muslim man to marry up to four wives. Section 24 only sets out a notification procedure:

1. A husband who lives with or maintains one or more wives and wishes to marry again must give at least 30 days' notice before the contract to the Quazi of his area. Notice is also given to the Quazi of the existing wife's area and the Quazi of the prospective wife's area.
2. The notice must state the full names and addresses of the husband, each existing wife and the prospective wife.
3. The Quazi must display a copy of the notice at every Friday mosque in his area and in a conspicuous place at each address stated (s.24(3)).
4. A registrar who knowingly registers a marriage in breach of s.22, s.23 or s.24(4), and anyone who abets it, may be fined not more than Rs.100 or imprisoned for up to six months or both (s.82, Cap. 134 text).

The law does not require the consent of the existing wife, court permission, a test of financial means, or a test of justice. HRCSL (2025) states that “the strict regulations that exist in many other Muslim countries that permit polygamy do not exist under the MMDA”.

4A brief comparison with Malaysia

5Divorce in brief

• Talaq (by the husband): the husband notifies the Quazi of his intention, and the Quazi attempts reconciliation within 30 days of the notice (Second Schedule, r.1–2). The husband need not give reasons, and the wife has no right of appeal against the talaq.
• Judicial dissolution (fasakh) (by the wife): the wife must prove the husband's fault, such as ill-treatment, cruelty, failure to provide maintenance or desertion. Under paragraph 11 of the Third Schedule of the MMDA, the wife's evidence must be supported by at least two witnesses.
• Khulʿ and mubaraat (divorce by mutual consent) are recognised in practice even though not specifically mentioned in the Act. Section 28(2) applies the law of the parties' school to divorce on the wife's application.
• Mutʿah (consolatory gift) — called Mata'ah in the MMDA — and ʿiddah and child maintenance are claimed in the Quazi court (s.47).

6Quazi courts and the Board of Quazis

7The 2009–2026 amendment debate

The debate on amending the MMDA has gone on for more than 15 years:

• 2009: the government appointed a committee (19 members including the secretary, according to the list in its report; letters of appointment dated 30 July 2009) chaired by former Supreme Court Justice Saleem Marsoof. Its report was submitted in January 2018 and published by the Ministry of Justice in July 2018. About half the members, including the All Ceylon Jamiyyathul Ulama (ACJU), submitted differing views.
• 2019–2021: a Cabinet memorandum proposed a minimum age of 18 years. In March 2021 the Cabinet reportedly decided to abolish the polygyny provisions, and the HRCSL noted a Cabinet decision to abolish the Quazi system. An advisory committee chaired by Shabry Haleemdeen submitted its report in June 2021.
• September 2022: the Muslim law reform committee voted 7–2 to regulate, not abolish, polygyny. The proposed conditions are permission from an authority, financial capacity, the first wife's consent or a strong reason such as incurable illness, and equal treatment. The committee also proposed an age of 18 years, compulsory registration and a compulsory signature by the bride.
• 2023: Muslim MPs put forward counter-proposals, criticised by women's groups for failing to address child marriage and polygyny.
• August 2025: the HRCSL recommended a minimum age of 18 years, women Quazis, family courts, and the abolition of polygyny.
• January–May 2026: a private member's bill by MP Faiszer Musthapha was tabled on 5 January 2026. The Ministry of Justice opened a public consultation on five matters: minimum age, women Quazis, conditions for polygyny and its oversight body, the court structure, and the bride's signature.

8Statistics

• There are no official national statistics on the incidence of polygyny in Sri Lanka.
• The report of the MMDA reform committee (2018, Table B) cites Registrar General's Department data: 1,618 (2014), 1,717 (2015) and 1,777 (2016) registered Muslim marriages involved brides aged 12 to 18, a total of 5,112 for the three years. Musawah (2022) gives 5,491 for the same period; the difference has not been explained.
• In Kattankudy, 22% of registered Muslim marriages in 2015 involved brides under 18 years, compared with 14% in 2014 (Musawah 2022).
• Muslim population: about 9.7% (Census of Population and Housing 2012).

9What Malaysians / foreign nationals need to know

• Malaysian permission is still required. A Malaysian Muslim man wishing to marry again in Sri Lanka must first obtain the permission of his state Syariah Court. Notice to a Sri Lankan Quazi does not replace that permission. A marriage abroad must also be re-registered in Malaysia (see cross-border marriage).
• Security clearance. A Registrar General's circular dated 18 October 2021 requires foreigners to obtain clearance from the Ministry of Defence before registering a marriage with a Sri Lankan citizen. In November 2022, the Registrar General told the media that this circular (No. 18/2021) would be abolished or relaxed after discussions with the Ministry of Defence (The Morning, 4 November 2022); for its formal withdrawal, refer to the authorities of the country concerned.
• For women. Because there is no requirement of the wife's consent, a Malaysian woman marrying a Sri Lankan man may include conditions in the contract, for example a taʿliq or an agreement, if accepted by the Quazi and the law (please check its enforceability). Also check the prospective husband's marital status through the registrar.
• In terms of fiqh, the Shariah permission for polygyny comes with the duty of justice (Surah an-Nisa' 4:3). The absence of conditions in Sri Lankan law does not remove that duty. See fiqh of polygyny.

Sources & references