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It is unwise for the Muslims of India,'... 'to shut their eyes to the tremendous progress in the fields of personal law and succession made in a majo… - Tahir Mahmood
" "It is unwise for the Muslims of India,'... 'to shut their eyes to the tremendous progress in the fields of personal law and succession made in a major part of the world of Islam. A unified, codified and modernized law of personal status is now the order of the day in a large number of countries where Muslims constitute overwhelming majorities. In India, the Muslims have to live in the company of a dominant non-Muslim majority and other co-minorities, all of whom are now governed by largely modernized and codified personal laws. How can they afford to insist on an absolutely undisturbed continuance of their classical and uncodified personal law? And if they do so it would be to their own sheer detriment.
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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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Additional quotes by Tahir Mahmood
It is palpably inconceivable that none of these traditional legal principles has lost even an iota of its original rationale and utility, even after the expiry of tens of centuries. Also the possibility of some of these principles having unconsciously deviated from their revealed base, if any, cannot itself be ruled out. The fact is that certain aspects of the presently prevailing Muslim personal law in India have outlived their utility and do need a reconsideration.' Giving several examples, he asked, 'Which of the following features of the Muslim personal law can be claimed to be based on the intention of the Almighty Law-giver or considered superb in the context of the present 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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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.
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