Seeni Mohamed Mohamed Nafees
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Gender Beyond Binary: Inheritance Rights of Third Gender in Islamic Law—Sri Lankan Legal Recognition and Reform Iqbal, Saujan; Yusuf Sani Abubakr; Seeni Mohamed Mohamed Nafees
Indonesian Journal of Islamic Law Vol. 8 No. 2 (2025): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/5fnmdq24

Abstract

This study addresses the question of how Islamic inheritance law accommodates individuals whose gender identity falls outside the male-female binary. It begins by situating the issue within Ilm al-Farā’iḍ, a discipline traditionally premised on gendered share allocations prescribed in the Qur’ān. The research positions itself in the doctrinal debates of Islamic jurisprudence (fiqh), focusing on the classical treatment of khunthā (intersex) and mukhannath (effeminate male) and the principle of awarding the “lesser share” in cases of indeterminate identity (khunthā mushkil). Methodologically, the article employs doctrinal analysis of fiqh texts alongside comparative legal examination across Muslim-majority jurisdictions, including Iran, Egypt, Syria, Iraq, Kuwait, Oman, and Bangladesh. The comparison reveals diverse approaches ranging from conditional recognition following surgery to the formal acknowledgement of “third gender” status. The Sri Lankan context receives particular attention, where the Muslim Intestate Succession Ordinance (MISO) enforces classical fiqh rules, while Article 16(1) of the Constitution shields personal laws from equality-based challenges, resulting in systemic discrimination. The study argues that the Women Empowerment Act (2024), though bypassing MISO guidelines, does not resolve underlying structural barriers. The findings suggest that both legal reform—especially amendments to MISO—and broader societal transformation are necessary to ensure inheritance justice for third-gender Muslims.
Safeguarding Women's Rights and Heirship: An Evaluation of Mandatory Muslim Marriage Registration in Sri Lanka Iqbal Saujan; Seeni Mohamed Mohamed Nafees; Iqbal Subhan Nugraha
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.462

Abstract

Marriage registration serves as a pivotal legal mechanism for safeguarding the rights of spouses and heirs. In Sri Lanka, while marriage registration is obligatory for most communities, it remains optional for Muslims under the Muslim Marriage and Divorce Act (MMDA) of 1951. This study examines the necessity of mandatory Muslim marriage registration in Sri Lanka through the framework of Maqāṣid al-Sharīʿah. Utilizing legal analysis, this study assesses the impact of optional registration on women's rights and the legal status of heirs, highlighting challenges such as inheritance disputes, economic vulnerabilities, and child marriage. It also highlights the historical context of marriage registration in Sri Lanka, comparative practices in other Muslim-majority countries, and the perspectives of Islamic scholars on marriage registration. The findings emphasize the alignment of mandatory registration with the objectives of preserving lineage (ḥifẓ al-nasl), wealth (ḥifẓ al-māl), and dignity (ḥifẓ al-ʿird). The article concludes by proposing policy recommendations for legal reforms to the MMDA to mandate marriage registration, thereby enhancing the protection of the rights and well-being of the Muslim community in Sri Lanka. 
The Causes and Consequences of Child Marriage Among Muslim Community: With Special Reference to the Cases Identified in the Eastern Province of Sri Lanka Saujan, Iqbal; Seeni Mohamed Mohamed Nafees; Yusuf Sani Abubakar
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.214

Abstract

The age of marriage for women is influenced by various socio-economic and cultural factors and remains a controversial topic in Sri Lanka. Child marriages are highly destructive, violating the fundamental rights of children protected by multiple global and national laws. The Eastern Province of Sri Lanka is particularly affected by this issue, resulting in children abandoning education and facing sexual, physical, and emotional violence, as well as premature motherhood. This study aims to identify the socio-economic and cultural factors driving child marriage in this region and to assess its impacts on the lives of those affected. Utilising a mixed-method approach, data were collected through questionnaire surveys and semi-structured interviews with young women who experienced early marriage, their parents, community leaders, and other informed individuals. The literature review included research articles, reports, and web publications to construct the theoretical framework. Findings indicate that factors such as parental marriage at a young age, parental death, dowry, poverty, large family sizes, and lack of interest in education significantly contribute to early marriages. Physical and psychological effects were found to be more prevalent than other social and economic impacts. These findings provide a foundation for future research and policy interventions aimed at mitigating child marriage.