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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 rigidi… - Tahir Mahmood
" "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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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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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.
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.
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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?
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