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 exclus… - Tahir Mahmood

" "

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.

English
Collect this quote

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."

Unlimited Quote Collections

Organize your favorite quotes without limits. Create themed collections for every occasion with Premium.

Related quotes. More quotes will automatically load as you scroll down, or you can use the load more buttons.

Additional quotes by Tahir Mahmood

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...

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”.

PREMIUM FEATURE
Advanced Search Filters

Filter search results by source, date, and more with our premium search tools.

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.

Loading...