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News Snippets

  • Crude prices fall sharply as Saudi Arabia assures normal production in a few weeks. Prices fall by 5.4% to $65.30 per barrel
  • Sensex tumbles 700 points over fears that rising crude prices will deal a body blow to the tottering Indian economy
  • As Rajeev Kumar fails to appear before the CBI despite several notices, the agency forms a special team to locate and apprehend him
  • S Jaishankar says Pakistan is not a normal neighbour and its behaviour is a "set of aberrations"
  • External Affairs Minister S Jaishankar says PoK in Indian territory and the country hopes to have physical jurisdiction over it one day
  • Barasat Sessions court near Kolkata rejects Rajeev Kumar anticipatory bail application citing lack of jurisdiction as the reason
  • PM Modi celebrates his birthday with Narmada aarti and later has lunch with his mother.
  • All 6 Bahujan Samaj Party MLAs merge with the Congress in Rajasthan
  • Bengal CM Mamata Banerjee to meet PM Modi on Wednesday, state issues on the agenda
  • Pakistan to open Kartarpur corridor on Nov 9
  • Rajeev Kumar, ex-police commissioner of Kolkata and wanted for questioning in the Sarada scam does not appear before the CBI despite the state administration requesting him to do so
  • Supreme Court asks the Centre to restore normalcy in J&K but keeping national interest in mind
  • As Trump accepts the invitation to attend a programme in Houston with PM Modi, India rushes to settle trade issues with US
  • After drone attack on Aramco's Suadi Arabia facility, oil prices jump 19% in intra-day trading causing worries for India
  • Imran Khan raises nuclear war bogey again, says if Pakistan loses a conventional war, it might fight till the end with its nuclear arsenal
Sunni Wakf Board and Nirvani Akhara write to the Supreme Court for a negotiated settlement to the Ayodhya dispute
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Muslim Personal Law & Indian Constitution

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
Till now, in matters of personal law, Muslim religious leaders in India either accepted Supreme Court rulings or petitioned the government of the day to enact a law to step around them, as it happened in the Shah Bano case, which led to the promulgation of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

But now, they are questioning the right of the Supreme Court in giving rulings on matters arising out of Muslim personal law, as they claim that the same derive from the Holy Quran and no one has the authority to question them. Jamait-Ulama-E-Hind, a powerful body of clerics, said this much in their submission before the Supreme Court when it took up the petition entitled “Muslim Women’s Quest for Equality.” This stance is a direct attack on the country’s laws and its judiciary.

The courts have been clear in their stance that whenever personal law will be in conflict with the Constitution, it will be the latter that will assume preference. This is as it should be in a secular, democratic country. The Supreme Court had, in the case Khursheed Ahmad Khan versus State of UP, held that a practice cannot acquire religious sanction just because it is permitted and it can be regulated or prohibited in the interest of public order, morality and health.

Further, the problem is that there are several interpretations of Quranic verses and in the absence of a codification of Muslim personal law, they are taken to mean different things in the same situation by different religious bodies. Personal laws have been codified in many Muslim countries, including neighbouring Pakistan and Bangladesh, to maintain consistency when disputes arise. The resistance in codifying the same in India is surprising, to say the least.

Instead of questioning the right of the Supreme Court, Muslim bodies like the All India Muslim Personal Law Board, Jamait-Ulama-E-Hind and others should initiate the process for codifying personal law. They can take up such codified laws of other countries as reference. Once done, all disputes for personal law will be settled by courts according to them, provided they do not come in conflict with the constitution of India. The Constitution is, and will, remain the ultimate reference book.