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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...
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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The existence of so many schools of Muslim law in India and, more than that, the insistence by the followers of each of these schools to stick exclusively to the doctrines of their own school, lead to the conclusion that what is applicable in India under the banner of “Muslim personal law” cannot be equated with the revealed or inspired tenets of the Islamic religion. Its major portions are rather based on the verdicts and opinions of particular Muslim jurists, who lived in different periods of history and in different social conditions.
To insist that the Muslim personal law prevailing in India should be preserved as it is amounts to insisting on the retention of certain legal rigidities, social inequalities, uncalled for discrepancies and undesirable hardships,'... 'Do these features, one may ask, behove the followers of that great religion that was Islam?
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What is indeed more reassuring and thought-provoking in respect of inter-religious harmony is the fact that numerous injunctions in the Holy Quran and the Sacred Vedas are more or less identical in their meaning and message – all teaching their respective followers the same lessons in devotion to the Creator of Universe and mutual love and respect among mankind. "All mankind belongs to God, He rewards all those who are virtuous and punishes all evil-doers" proclaim both the Rigveda [I: 80.11] and the Quran [LIII:31]. Rigveda’s injunction "Pray to God as you wish but with humility and quietness; He does not like those who cross limits" [VI: 16.46 ] finds its exact parallel in the Quran [VII 54-55]. The ancient Indian philosophy of "vasudhev kutumbukam" compares with Islam’s injunction al-khalqu ‘ayalillah [mankind is God’s family]. It is these common teachings of the Hindu and Islamic scriptures, as also the other countless pearls of wisdom found in each of these, that need the attention of members of both the communities – not those which may even be remotely interpreted to be annoying for one community or the other.