oppn parties Muslim Personal Law Should be Codified Without Delay

News Snippets

  • Uttarakhand HC says marital discord, suspicion and quarrels cannot be held to be abetment of suicide
  • Two sisters, both brides-to-be, died by suspected suicide in Jodhpur. No suicide note was found
  • RTI reveals that 200 big cats were poached in India between 2005 and 2025, with the most in MP
  • After the US Supreme Court order on tariffs, Centre has put Indian trade team's US visit on hold
  • Delhi Police bust terror module linked to Lashkar that was plotting to strike in Delhi. Arrest 7 Bangladeshis with Aadhar IDs
  • PM Modi announced in his Mann Ki Baat that Edwin Lutyens' statue will be replaced with that of C Rajagopalchari at the Rashtrapati Bhawan
  • Facial recognition at Digi Yatra gates in Kolkata Airport suffered prolonged glitch on Sunday, forcing passengers to wait in long queues
  • Ranji Final: Strong Karnataka take on rising J&K in the match starting from Tuesday
  • Rising Stars women's cricket: India 'A' beat Bangladesh by 46 runs to capture title
  • Super 8s: Co-hosts Sri Lanka lose too, England beat them by 51 runs
  • Super 8s: South Africa crush India by 76 runs as nothing goes right for the hosts
  • PM Modi inaugurates India's fastest metro in Meerut and the first Vande Bharat sleeper in Bengal, This sleeper will cover Howrah to Guwahati route
  • After his consecutive failures, Abhishek Sharma has created a problem for the team management: should they give him one more chance in a vital match today or go for Sanju Samson as opener
  • A Pocso court in Prayagraj ordered an FIR against Swami Avi Mukteshawaranand and his disciple Muktanand Giri for molesting underage boys in their Magh Mela camp
  • TOI reported that while private universities filed more patents, elite institutions like IIT and IISc got more approvals between 2020-2025
T20 World Cup Super 8s: India get a reality check, outplayed by South Africa in their first match, end 12-match winning streak
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.