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ANMEEZAN ACADEMIC AND PROFESSIONAL JOURNAL COMPRISING SCHOLARLY AND STUDENT ARTICLES 53RD EDITION EDITED BY: Shabna Rafeek Shimlah Usuph Shafna Abul Hudha All rights reserved, The Law Students’ Muslim Majlis Sri Lanka Law College Cover Design: Arqam Muneer Copyrights All material in this publication is protected by copyright, subject to statutory exceptions. Any unauthorized of the Law Students’ Muslim Majlis, may invoke inter alia liability for infringement of copyright. Disclaimer All views expressed in this production are those of the respective author and do not represent the opinion of the Law Students’ Muslim Majlis or Sri Lanka Law College. Unless expressly stated, the views expressed are the author’s own and are not to be attributed to any instruction he or she may present. Submission of material for future publications The Law Students’ Muslim Majlis welcomes previously unpublished original articles or manuscripts for publication in future editions of the “Meezan”. However, publication of such material would be at the discretion of the Law Students’ Muslim Majlis, in whose opinion, such material must be worthy of publication. All such submissions should be in duplicate accompanied with a compact disk and contact details of the contributor. All communication could be made via the address given below. Citation of Material contained herein Citation of this publication may be made due regard to its protection by copyright, in the following fashion: 2019, issue 53rd Meezan, LSMM Review, Responses and Criticisms The Law Students’ Muslim Majlis welcome any reviews, responses and criticisms of the content published in this issue. The President, The Law Students’ Muslim Majlis Sri Lanka Law College, 244, Hulftsdorp Street, Colombo 12 Tel - 011 2323759 (Local) - 0094112323749 (International) Email - [email protected] EVENT DETAILS The Launch of the 53rd Edition of the Annual Law Journal -MEEZAN- Chief Guest Hon. Justice Ameer Ismail (Former Judge of Supreme Court) Guest of Honour Hon. Palitha Fernando PC (Former Attorney General) Date 3rd September 2019 Venue Sri Lanka Law College, Colombo 12 Law Students’ Muslim Majlis Of Sri Lanka Law College The Executive Committee 2018/19 Patron Mrs. Indira Samarasinghe PC Principal, Sri Lanka Law College Vice Patron Justice A. H. M. D. Nawaz Judge of the Court of Appeal Senior Treasurer Mr. M. U. M. Ali Sabry PC President Mubarak Muazzam Vice Presidents Mohamed Fuzly Ijaz Azmy General Secretary Haajer Azhar Treasurer Maahira Fouzul Hameed Co-ordinator Mohamed Infas Editor Shabna Rafeek Assistant Treasurer Mohamed Arshad Assistant Editors Shimlah Usuph Shafna Abul Hudha Committee Members Inshaff Sajeer Mohamed Liyaudeen Mohamed Rakshan Mahees Majeed Rashad Ahamed Ilham Hasanali Shermila Muthaliff Dedicated to Late Mr. Shibly Aziz PC Shibly Aziz was a senior President’s Counsel in Sri Lanka who contributed to the development of the legal system in the country. He was a former Attorney General and a Solicitor General of Sri Lanka and had served on a number of national commissions and statutory bodies and represented Sri Lanka in several international fora. He continued his legal career in private practice, specialising in Constitutional law, Commercial law, and Shipping and Aviation law. He was a senior Counsel in several landmark cases in the country. He held an LLB from the University of Ceylon and an LLM from the University of London including Diplomas in Shipping & Maritime Law and in Air and Space Law. (PHOTO TO BE INCLUDED HERE) Message from the Patron It gives me much pleasure to send a message to ‘Meezan’ 2019, the annual publication of the Law Students’ Muslim Majlis of Sri Lanka Law College. The publication of Meezan for 52 years demonstrates these broader interests and it is my earnest hope that such interest will continue over the years to enrich the minds of lawyers of the future. In my mind, the Law Students’ Muslim Majlis over the years has done yoeman services for the Muslim Students in particular and all the other Law Students in general. Members of the Muslim Majlis, whilst pursuing their academic goals, must make a concerted effort to reach out to the common membership of Sri Lanka Law College students population with a view to promote the true ideals of Islam, which promote co-existence and brotherhood among all human beings irrespective of their race, religion, cast or linguistic barriers. The President and the other members of the executive committee of the Majlis must be congratulated numbers of students. I wish the Sri Lanka Law College Law Students’ Muslim Majlis all success. P. Indira S. Samarasinghe, PC. Principal Sri Lanka Law College Message from the Vice Patron In the long years of its existence, the Law Students’ Muslim Majlis of Sri Lanka Law College has - gramme of activities draws to a close, culminating in the grand event on a successful publication of yet another “Meezan”- the signature journal of the Majlis, I hasten to compliment the committee members and the editors on its successful publication. I extend my heartiest greetings and wishes to all members of the Majlis who have guided the destinies promote and sustain its noble objectives of propagating harmony and peace among all students of Sri Lanka Law College. My prayers go out for the continued sustenance of the Majlis through the custom- I wish the Majlis and its members great strides in its future endeavors. Justice A.H.M.D.Nawaz Judge of the Court of Appeal Vice Patron, Law Students’ Muslim Majlis Message from the Senior Treasurer It is with great sense of satisfaction that I pen this message to felicitate the launch of the “MEEZAN”, the voice of the Law Students’ Muslim Majlis of Sri Lanka Law College. These are challenging times to the Muslims in the world in general and the Sri Lankan Muslims in particular post “Easter Sunday Terrorist Attacks”. Islam and the Muslims, their beliefs and culture have all come under a microscopic scrutiny from the rest of the world, some genuinely attempting to learn and understand, others making use of the opportunity to drive their hidden agendas against the Muslims and Islam which has become an industry called “Islamaphobia”. In the light of such challengers, each and every one of the Muslims who profess the Islamic faith has a bounden duty to advance the real virtues of Islam, i.e. love, mercy, brotherhood, justice to all and fair play. One need to understand that the misunderstandings and misinformations about the Islam and the will not read the Quran nor the Hadith, they will observe the Muslims as to how they act and deal in their day to day activities, so it is our bounden duty to act as true ambassador of our faith without blindly following the ideologies promoted by foreign elements to suit their culture and context. Contextualizing the religion, the practice and the performance of Islamic way of life is important in which the future of the Muslims and the brand of Islam which we need to practice in a country like Sri Lanka cannot be solely decided by religious scholars due to their limited knowledge and engagement with the outer world and particularly with our brothers and sisters from different faiths. In the context the intellectuals, the academics, the professionals and the business leaders together with the community leaders representing our faith has a role to play in contextualizing the brand of Islam which we ought to practice in this country which will promote brotherhood understanding, national unity and thereby peace and prosperity of the nation. Hence it is my fervent hope that the Muslim intellectuals and professionals including the students and members of the Muslim Majlis will play an active and positive role in shaping the future of the Sri Lankan Muslim community without leaving it to the sole prerogative of the Ulema / religious scholars before it is too late. May Allah bless all of us with the wisdom and guidance to promote the real ideals of our great faith and spread love, mercy, tolerance and understanding to all. I take this opportunity to wish the Law Students’ Muslim Majlis a successful launch of this “MEEZAN” and all its future endeavours. M.U.M. Ali Sabry President's Counsel Message from the President Bismillahir Rahmanir Raheem Law Students’ Muslim Majlis for the year 2018/2019. Today, we are here to witness the launching of the 53rd edition of the Meezan annual law journal which is dedicated to the publication of high quality articles from the legal fraternity and is consid- ered to be one of the best law journals ever to be published by a student body of the Sri Lanka Law College. The journey throughout in elevating this limelight event to success was never easy, it came with sac- and equality, supporting and defending one another we emerged successful in attaining our target. I would deem it absolutely impossible to have achieved this much unless for the mercy and love of my creator. Alhamdulillah. It is mention worthy that nothing would have been possible without the great support of our Patron Ms. Indira Samarasinghe PC. Further, I must express my heartfelt grati- tude towards our guide, mentor and Vice Patron of the Law Students’ Muslim Majlis, His Lordship Justice A.H.M.D.Nawaz-Judge of the Court of Appeal for his untiring efforts to keep us motivated commitment of our Senior Treasurer Mr. M.U.M. Ali Sabry PC in encouraging us to keep striving in the midst of challenges on our own so as to make us better and committed leaders of the future. support and contribution. Further, I also extend my sincere thanks to staff, lecturers, student unions of Sri Lanka Law College, senior lawyers, article writers, donors,advertisers and volunteers for their utmost support.
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