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| Friday, 16 July 2004 |
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A scholarly approach to history The Sinhalese have met the modernists
The first step towards modernization was taken during the Portuguese period. When Ceylon became a Roman Catholic client state, mass conversions to Christianity were recorded. 'However, King Bhuvanekabahu in a letter to the governor said: "... I have no objections when people become Christians out of conviction ..." This shows the liberal views held by Sinhalese kings even during that time. Education Apart from introducing a new religion, the Portuguese also introduced a cash crop economy. At that time, cinnamon was the most important produce. Despite protests from the king the Portuguese insisted on the monopoly over cinnamon as it generated a lot of income. Education was another field developed by the Portuguese. With the advent of Franciscan Friars in 1545, Jesuits in 1602, Dominican Friars in 1605 and the Augustinians in 1606, the Portuguese took the first step in Western education in Ceylon. Although there was a decline in Sinhala literature, Roman Catholic missionary priests either translated or adapted works written in European languages. The Dutch also continued the Western education started by the Portuguese. They added a school to every church. However, the real transformation of trade, education and culture began with the advent of the British in 1796. What happened after the signing of the Kandyan Convention on March 2, 1815 is part of recent history. However, all the important changes in education, governance, law, human rights and technology took place during the past few decades. Colebrooke and Cameron reforms treated the entire land of the island as one unit of administration. Provinces were demarcated and the ceylon Civil Service took control of administration. Many reforms were introduced with regard to State monopoly on cinnamon, and salt. Meanwhile, many land reforms were introduced in the form of the Crown Land Ordinance, the Temple Lands Registration Ordinance and Waste Lands Ordinance. Above all, a new social order came into existence with planters, doctors, lawyers, bankers, journalists and administrators coming to the fore. However, English education was not meant to be widespread. It was meant to be elitist. Press Another aspect of modernization was the introduction of the press to disseminate news. The author has neatly described how the Christian missionaries held the monopoly of the press at the initial stage. Her account of the press and its subsequent development is praiseworthy. The chapter on Buddhist revivalism marks the constant struggles with missionary challenge posed in education. Meanwhile, the Buddhist Theosophical Society, the Mahabodhi Society and 20 young men founded the Young Men's Buddhist Association described as "the first secular society for English speaking Buddhists." I found the Sinhalese have met the modernists quite interesting as it shows the evolution of educational, political, social and religious systems in the country. The contents of the book show that the author has done a lot of research to present her views. - R.S. Karunaratne. **************** Case law under the Wakfs Act AL Ameen Law Report Vol:II
The Volume I of the Al-Ameen Law Report was launched in 2003 and the editor has been successful in publishing Volume II in 2004. It is my fervent belief that it should be an annual publication. One of the paramount features of any Law Report is its authenticity. Mr. Ameen has ensured very skilfully that every case reported is authentic to the very letter. Thus, Al-Ameen Law Reports have become authoritative which enables judges, lawyers, law students and the general public to refer and cite, as and when necessary. It is to the credit of Mr. Ameen to have made available judicial and quasi judicial material emanating from the Wakfs Act, which otherwise would have been inaccessible. In Vol:II, the Editor had reported several substantial questions of law that has arisen under the Wakfs Act. Indeed the Al-Ameen Law Reports have enriched the Islamic Jurisprudence of Sri Lanka. I find Vol:II is easily readable and digestible and I commend it to the public. - A. L. M. Hedayathulla. **************** Useful guide to students and practitioners The Wakfs Law Procedure and Practice
Muslims in Sri Lanka are governed by three Statutes namely: the Muslim Marriage and Divorce act No. 13 of 1951; the Muslims Mosques and Charitable Trusts or Wakfs Act No. 51 of 1956, and the Muslim Intestate Succession Ordinance No. 10 of 1931. Matrimonial matters of muslims under the first Act are heard before the Quazi Courts spread over the country. Decisions made by the Quazi who is appointed by the Judicial Service Commission may be challenged before the appellate body the Board of Quazis members of which are appointed by the Judicial Service Commission and which has both appellate and revisionary jurisdiction and an aggrieved person can go before the Court of Appeal or the Supreme Court. Mr. Ameen has authored a book on "The Quazi Court Procedure and Practice" which is translated into Sinhala and Tamil. All matters pertaining to the mosques are heard before the Wakfs Board under the second Statute and its members are appointed by the Minister and the decision of the Wakfs Board may be appealed before the Wakfs Tribunal members of which are appointed by the Judicial Service Commission. Mr. Ameen's book serves as a guide not only to the practising lawyer but also to laymen and those interested in the study of Wakfs law in Sri Lanka. The book under review opens with a foreword from a retired senior Supreme Court Judge Justice M. Jameel who is presently a member of the Constitutional Council of Sri Lanka and retired Attorney General Shibly Aziz P.C. Mr. Ameen in his introduction gives the meaning of Wakf and traces the history of Wakfs in Sri Lanka and the establishment of the institutions both Wakfs Board and the Tribunal. The book deals with all aspects provided for in the Wakfs Act, functions of the Board and Tribunal, the duties and powers of its members and the role of Trustees of Mosques and Charitable trusts. He also discusses how an appeal could be preferred against the order of the Board before the Tribunal. He discusses the Muslim Charities Fund and the abuse of such funds in the recent past. He also carries a specimen Constitution so that a mosque that does not have a constitution may draft its constitution with the help of this specimen constitution. - Fathima Asma Cassim |
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Produced by Lake House |
Departing
from the traditional format of history books Susan W. Gunasekera has
produced a highly readable book to show how Sri Lankans became modernized.
Modernization, as she has pointed out, has come as a blessing in disguise.
If not for the Portuguese, Dutch and British invasions, the islanders
would not have reached advances in education science and technology.
Al
Hadj A. H. G. Ameen's endeavour to collect and collate the several orders
and judgments under the Muslim Mosque and Charitable Trusts or Wakfs Act
is extremely praiseworthy.
At
a time when there is no literature on Wakfs Law and the Procedure to be
followed in case of an application to be made before the Wakfs Board or
the Wakfs Tribunal the book on "The Wakfs Law Procedure and
Practice" authored by A.H. Ghouzul Ameen fills a void and a long felt
need in Sri Lanka.
