The fate of another Muslim child marriage

In one of the worst cases of domestic violence in recent times, Thameem Fatheema Sharmila; a young 18 year old Muslim girl was burnt to death last week. She was tied to a chair, poured oil and set on fire by her abusive husband last Friday. She was four months pregnant and lost her baby. She is also the young mother of a 7-month old baby.

Sharmila is also a victim of forced child marriage, which is legal for Sri Lankan Muslims. She was 16-years-old when she was taken to the Nallanthaluwa Kodi Palli Mosque in Munthal, Puttalam and forced to marry Mohamed Imran who was 22-years-old. Marrying against her will, Sharmila did not know that Imran was already married twice before and she was his third wife. She never received a marriage certificate as the nikah was not registered by the men officiating the marriage ceremony.

Sharmila faced serious physical abuse and psychological trauma after the marriage and had reached out to a colleague a month ago asking for information in obtaining a divorce via the Quazi courts, but never came back again. Later it was learnt that she also went to the police who mediated and reconciled Sharmila and her husband and sent her back to him, despite the grave danger of further abuse.

After the attempted murder of his wife, Mohamed Imran took away their 7-month-old baby threatening her that if she reported the incident as being his fault that he would harm the baby as well. Sharmila in her moments of waking consciousness was concerned only of her baby. Fortunately the baby is now safe with other family members, but Mohamed Imran is evading arrest.

It is unbearable to see the young lives of Sri Lankan Muslim women being destroyed because of the lack of legal protection of their rights. Sharmila was both a victim of her husband and that of the Muslim Marriage and Divorce Act (MMDA) and Constitution, which does not (yet) protect her rights. What did this child do to deserve this fate? Was it her fault that she was born Muslim in Sri Lanka?

As a Muslim, her marriage was initiated by male guardians without her consent, a lack stipulated minimum age of marriage meant that she could be married off at 16, forced polygamy- as the husband does not legally require to inform his present wives of any other women he is married to, non-registration of marriages too is legal under the MMDA and thus it is not only her husband but also the legal system and State are responsible for what happened to Sharmila Imran Mohamed was like many other husbands - an abusive man who believed he had privilege and power over his wife. However, the gaps in the legal system and the discriminatory loopholes in the MMDA helped him become the perpetrator that he is. Laws are meant to protect rights, not promote abuse.

Sharmila’s case is also reflective of the deep flaws we have when it comes to addressing domestic violence in Sri Lanka. What use are the police if they are sending women back to their abusers and murderers? How many more Sri Lankan women are living with grave dangers within their homes unable to seek support and redress because the system is so hell bent to save marriage instead of save lives? As with MMDA reforms, a review and reform of how the overall justice system is dealing with gender-based violence in Sri Lanka is long overdue.

Sharmila is not just another statistic. She is not just another special or ‘rare’ case. She is a present day lived reality of women in Sri Lanka. She is a young Muslim woman who was not given a chance by her family, Muslim community and country to thrive and prosper with full protection of her rights, so she could reach her fullest potential.

Justice however, must be served. The IGP must take urgent action to arrest Mohamed Imran immediately and guarantee the safety of the baby.

Citizens and government of Sri Lanka must do everything in our means to ensure that the future of Sri Lankan Muslim women are not lost as well. The Muslim community has a collective responsibility to stop these discriminations against Muslim women and ensure that Sharmila is the last victim of child and forced marriage in the community.