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

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 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?

The Holy Quran – the same Quran in which ignorant critics find a verse which according to their understanding asks Muslims to kill kafirs – after declaring that "Mankind is one single community" [II:213, X:19] pronounces in no uncertain terms: "If anyone kills one person it is like he has slain the whole mankind; and if anyone saves one life it is like he has saved the whole mankind" [V: 32]. And, as regards the much-talked about and misunderstood term "kafir", it is the same Quran proclaiming unequivocally that "For every community God has appointed religious rituals, they must not quarrel in respect of these rituals. [XII: 67].