The way certain chosen passages arbitrarily picked up from the Holy Quran are being used to demonise the Muslim religion is bound to create feelings … - Tahir Mahmood

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The way certain chosen passages arbitrarily picked up from the Holy Quran are being used to demonise the Muslim religion is bound to create feelings of ill-will in the society against the second largest section of citizens and thereby disturb social tranquility in the country. What is being overlooked is the fact that the message and spirit of some religious texts can be appreciated only by those who have a certain degree of respect, if not reverence, for them -- those reading such texts with irreverence or hostility can never be at ease with their teachings. And it is indeed true of all religions. Well known is the fact that some of the ancient religious texts of the great Hindu religion are replete with apparently very cruel words and harsh injunctions for the “lower castes”.

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About Tahir Mahmood

Tahir Mahmood (born 6 September 1941) is an Indian legal scholar and author of a large number of books frequently cited in the judgments of the Supreme Court of India and numerous High Courts. He had his higher legal education in Aligarh and London and has over fifty years of academic experience. Currently he is with Amity University where his designation is "Distinguished Jurist Chair, Professor of Eminence & Chairman, Institute of Advanced Legal Studies."

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Equating the Muslim personal law, in its present local state, to the Quran and Hadith, describing it as a wholly revealed or inspired law, and declaring that not an iota of the existing principles can be changed, only exposes the ignorance of Islamic values, Islamic religion and Islamic jurisprudence. Attempting to distort facts about the recent reform of personal law in the Muslim countries cannot do any good. Throwing mud on those who have progressive tendencies and talk of reform of the Muslim personal law, or making contemptuous remarks about their sincerity and wisdom, cannot help either. Instead of trying to conceal the realities, the Muslims must face them. If after having been practised in India in an uncontrolled way for tens of centuries, the Muslim personal law is found being misused and misapplied and consequently lagging behind the social progress in the country, there is nothing in it to be ashamed of. Instead of being stubborn or obstinate about it, the situation has to be duly appreciated, and made good... It is no sensible argument that any reform of the Muslim personal law would amount to interference in religious freedom and affect the cultural identity of Muslims. If the Muslim personal law is codified and reformed—men are restrained from pronouncing a divorce arbitrarily, women's rights in family life are enlarged, and orphaned grandchildren of a deceased Muslim are allowed to share the latter's heritage along with other heirs—how is the religious freedom or cultural identity of Muslims going to be affected?... It is irrelevant for cultural identity whether a Muslim can torture his first wife by contracting a bigamous marriage against her wishes and without necessity, or a wife can tease her husband throughout his life by exploiting his inability to pay dower. These and the other drawbacks in the existing personal law cannot be considered essential ingredients of the Muslim culture...

It is claimed that Islam was the emancipator of women,'.... 'It liberated Eve from man's oppression and gave her a legal status which was denied by most of the pre-Islamic civilizations. The personal law of Islam conferred on women right to hold and dispose of property, right to inheritance, right to make free marital choice and right to seek divorce. By virtue of these unprecedented features, the religion of Muslims claimed to be the pioneer of feminism. Now, after Islam has completed a life of over thirteen centuries, further progress in the fields of women's rights and equality of sexes has been made in all parts of the globe. And this course of progress has been joined, to varying extent, also by what represents a major portion of the Muslim world. Why are, then, the Muslims of India lagging behind?

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Religious polemics are bitter relics of the past. We cannot afford to revive them in the 21st century India rightly proud of its scientific advancement and technological excellence. If we go on searching each other’s religious texts to find isolated passages which may not appear prima facie palatable to us, it is not going to lead us anywhere. Such passages are things of the past. No one is acting on these now; no one indeed needs to. There is a lot more in all religious texts which can bring us together. We have to concentrate on those refreshingly humane texts and try to come closer – bring all our people closer.

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