oppn parties Muslim Personal Law Should be Codified Without Delay

News Snippets

  • The home ministry has notified 50% constable-level jobs in BSF for direct recruitment for ex-Agniveers
  • Supreme Court said that if an accused or even a convict obtains a NOC from the concerned court with the rider that permission would be needed to go abroad, the government cannot obstruct renewal of their passport
  • Supreme Court said that criminal record and gravity of offence play a big part in bail decisions while quashing the bail of 5 habitual offenders
  • PM Modi visits Bengal, fails to holds a rally in Matua heartland of Nadia after dense fog prevents landing of his helicopter but addresses the crowd virtually from Kolkata aiprort
  • Government firm on sim-linking for web access to messaging apps, but may increase the auto logout time from 6 hours to 12-18 hours
  • Mizoram-New Delhi Rajdhani Express hits an elephant herd in Assam, killing seven elephants including four calves
  • Indian women take on Sri Lanka is the first match of the T20 series at Visakhapatnam today
  • U19 Asia Cup: India take on Pakistan today for the crown
  • In a surprisng move, the selectors dropped Shubman Gill from the T20 World Cup squad and made Axar Patel the vice-captain. Jitesh Sharma was also dropped to make way for Ishan Kishan as he was performing well and Rinku Singh earned a spot for his finishing abilities
  • Opposition parties, chiefly the Congress and TMC, say that changing the name of the rural employment guarantee scheme is an insult to the memory of Mahatma Gandhi
  • Commerce secreatary Rajesh Agarwal said that the latest data shows that exporters are diversifying
  • Finance Minister Nirmala Sitharaman said that if India were a 'dead economy' as claimed by opposition parties, India's rating would not have been upgraded
  • The Insurance Bill, to be tabled in Parliament, will give more teeth to the regulator and allow 100% FDI
  • Nitin Nabin took charge as the national working president of the BJP
  • Division in opposition ranks as J&K chief minister Omar Abdullah distances the INDIA bloc from vote chori and SIR pitch of the Congress
U19 World Cup - Pakistan thrash India by 192 runs ////// Shubman Gill dropped from T20 World Cup squad, Axar Patel replaces him as vice-captain
oppn parties
Muslim Personal Law Should be Codified Without Delay

By Sunil Garodia
First publised on 2015-09-25 16:12:43

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
A majority of Muslim women are against the unilateral, oral triple talaq. A new study that was conducted by Bharatiya Muslim Mahila Andolan (BMMA) across 10 states and 4710 respondents, found that 92.1% of the Muslim women questioned favoured a ban on the discriminatory practice.

The beauty of the Muslim divorce practice as mandated by the Holy Quran (Sura Al Baqarah â€" 228,229 & 230, mainly) is that it has a built in waiting period. A man can pronounce the word talaq twice, after which he has to wait for the wife to have three monthly courses before he can pronounce the third talaq. Hence, not only is triple talaq pronounced at one go un-Islamic, it is also a crime against the Holy Quran.

The study also shows that 91.7% of the women also opposed a second marriage for their husbands. In India, there is a lot of misinformation regarding the provision of four or more marriages for Muslim males. The Holy Quran has not given each Muslim male an unhindered right to marry four or more times. What it says is that you can marry more than once but if you are not able to provide for all your wives equally and without discrimination, you must not so marry (Sura 4 {An Nisa}, Ayah 3). Islamcan.com puts it wonderfully when it says that the Quran “permits but does not command” Muslim men to have multiple wives. Even the Supreme Court, in the case Khursheed Ahmad Khan versus State of UP held that a practice cannot acquire religious sanction just because it is permitted and even the practice of having more wives than one can be regulated or prohibited in the interest of public order, morality and health.

The problems arise as Muslim personal law is not codified in India. Many Muslim countries, including Pakistan, Bangladesh and Yemen to name just three, have codified Muslim personal law. But any such attempt in India always draws howls of protest. Is it because India is not a Muslim country? Despite having the second largest Muslim population in the world, we have not been able to provide them with a modern, codified version of their law. The All India Muslim Law Board (AIMLB) is a body just in name. Its only job is to keep track of government or judicial pronouncements on anything concerning the Muslims and raise hell if it does not meet its approval.

Most women respondents in the above study favoured an intervention by the government to rectify the situation. Time has now come for the government to take the initiative to codify Muslim personal law. Islamic scholars can be consulted, codified laws of other Muslim countries can be studied and of course the Holy Quran has to be the ultimate reference book. But it has to be done without delay to stop discrimination against women and outlaw practices that have been banned in other Muslim nations.