WHY CODIFICATION OF MUSLIM PERSONAL LAW?
By Asghar Ali Engineer
(Secular Perspective April 16-30, 2009)
Islamic Law or what is called Muslim Personal Law comes under attack not only by Hindutva forces but also is criticized by secular forces who stand for gender equality. The Hindutva forces attack it not for their love for gender justice but out of hostility for Islam. But same cannot be said for secular forces. They find existing Muslim personal law as gender biased in favour of man.
Most of us think that the Muslim personal law as applicable in India today is Shari’ah law. However, it is not so. Those Muslims who defend Muslim personal law as Shari’ah law do not understand the difference between Muslim personal law applicable today and Shari’ah law. In fact it was called Anglo-Mohammedan law before independence but was renamed as Muslim personal law after independence.
The British Government, after it seized power from Mughals, established its own courts, which also heard cases pertaining to Muslim marriage, divorce, inheritance etc. In most of these courts there were either British or non-Muslim judges who did not know Shari’ah law or if even Muslim judges heard these cases, most of them were trained in British laws.
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