No other aspect of the law is so debated in this country as that of the Muslim law. The reason behind it is that the law which has been applied since long and still continues to be applied in this continent is not, in fact, Islamic law in its original form but a distorted version of it. This distortion was made by British judges who had no knowledge of Islamic law and they did not even try to read and conceptualize the essence of Islamic law in its Arabic form they rather tried to interpret Islamic law according to common law. This concern of Furquan Ahmad may have historic value but it solves no purpose for a Muslim man under litigation. A law is a law, from whatever source or form it has evolved from, it is binding over all those to whom it applies.
An enthusiast Muslim who strictly believes in his religion or any semi-modern religious model of Indo-Western culture may think that the Muslim Personal Law as applicable in India today is Shariat law. However, it is not so. Those Muslims who defend Muslim Personal Law as Shariat law do not understand the difference between Muslim Personal Law applicable today and the Shariat law. In fact, it was called Anglo-Mohammedan law before independence but was renamed as Muslim Personal Law after independence.
Muslim law in India is uncodified, the Parliament has made some laws to regulate some Islamic practices. For example, the Muslim Personal Law (Shariat) Application Act, 1937 governs marriage, succession, and inheritance. The Dissolution of Muslim Marriages Act, 1939 is another law regulating certain divorce cases amongst Muslims.
The Holy Quran is the most religious and inspiring book in the Muslim world and is rightly designated as the main and the original source of Muslim Law, religion and culture, and also of the social, moral and other values, of Muslim society. It is remarkable for its simplicity and practicability. Muslims in India are governed by their personal law: Mohammadan/Muslim Law.
The main sources of Muslim Law are:
(a) Quran (b) Ahadis and Sunna (c) Ijmaa (d) Qiyas (e) Custom (f) Judicial Precedents (g) Legislation.
Being a popular belief amongst the Muslim community that The Prophet was the supreme maker of law; hence no one can make Muslim law. In case any change is made it is considered as an invasion. This, though being a perpetual dilemma due to social change, or pressing needs of the dynamism in the society, is not a reality, particularly in a democratic country like India. In spite of this popular belief and religious mandate, there are a number of Acts and Legislations that governs the Muslim citizenry.
To codify or not to codify Muslim Personal Law, that is the question in India today. The Constitution empowers both the legislature and the judiciary to have regulating powers over the personal laws, to bring them up to speed with the times. The majority population of Indian Muslim men believe that it is with great dexterity that such powers should be exercised, it is still a better option than wiping out their existence and imposing a Uniform Civil Code, which comes too close to a violation of Article 25, for comfort. Moreover, formulating one codified law for Muslims is a Herculean task, as the drafters would have to accommodate the variance of beliefs and differences within the religion itself. Islam in India and across the globe is not aloof of such variance. Thus, theoretically, even if such codification were made possible, the reconciling of the faith of the various sects with regard to its interpretation is another hurdle.
On the contrary, it has been seen that the Muslim women community leans towards the codification and reform of existing Muslim Law. While the Courts have been very proactively assertive about the need for a uniform code, the possible negative repercussions cannot be neglected. To be or not to be, the existing form of Law is not favourable for men and the worst is yet to come, be it codified or not. So, what is the remedy? Change of faith or live like tongue rests between teeth? The better bet would be to stay aware and learn how to survive in a difficult situation. Prevention is a cure, the best part would be to make an informed choice by asking "Caution Money" before marriage, but if the tragedy has already befallen then knowing the law shall be inevitable.
It is shown widely that Muslim laws are said to provide women with fewer rights and impede policy change. India’s family law systems specific to religious groups underwent important gender-equalizing changes over the last generation. Muslim alimony and divorce laws were changed on this basis, giving women more rights without abandoning cultural accommodation. Legal mobilization and the outlook of policymakers—specifically their approach to regulating family life, their understanding of group norms, and their normative vision of family life—shaped the major changes in Indian Muslim law.
It is very strange that once you try finding something interesting to read over the internet on the "Muslim law", your search results would get biased too like the laws as the material found in the list would be shouting over issues not asked for in the search. Polygamy, alimony, talaq, and various "Banos" will popup over the screen. Muslim Jurisprudence related to Indian courts is almost missing. This is one of the major cause of ignorance, the propagandist approach of a few has kept Muslim male further away from the libraries and literature that can benefit them. However, the results are of much interest because our concern also revolves around matrimony. Though much is expected to be revealed from the core, what if not codified. Muslim law is one of the most underrated areas of law, be it lawyers or the Judiciary, Maulvies or the State Legislation, it is taken for granted.
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