MUSLIM PERSONAL LAW
Protection and application of Muslim Personal Law is one of the fundamental problems presently faced by Indian Muslims. Indian Muslims have either any doubts about the constitutional protection afforded to them regarding Muslim Personal Law nor do they suspect the intentions of the present government. but whenever communal forces, spreading the venom of hatred between different communities attacks basic roots of secularism and talk of common civil code we get frightened and apprehend that in case such elements come to power at the Centre, they (Indian Muslims) can not remain mare spectators to such a dangerous situation. Hence, it is incumbent upon them that they should evolve some strategy before hand so that such a situation may not arise and the dream of such elements may not come true. 1 would like to make it clear here that Muslims have deep emotional attachment with their religion, faith, moral values, culture, civilization, history, heritage, language, customs and traditions and they can not tolerate any interference in such matters from any quarter.They can not tolerate any restrictions being imposed on the discharge on their religi@-us duties. Hence, it is essential that the constitutional protection provided in such matters should be further strengthened by proper legislation so that communal forces may not dare talk of common civil code. It will not be out of place to mention here that the real beauty of Indian heritage lies in inter communal amity, coexistence and qualities of tolerance.
Question of Muslims Personal Law has been raised time and again after independence. Following established principles are required to be considered while dealing with the question of Muslim Personal Law.
Quran is held in the greatest esteem and reverence amongst Muslims. It is the word of Allah.
Life of the Prophet is the complete code of life for every Muslim. The matters that have already been dealt within Quran or Hadith or examples of which we can get in the life of Prophet, can not be allowed to be reopened or decided under any other law.
Move the provisions of the constitution or any other law should be repugnant to what is contained in Ouran and Hadees.
Matters regrding Marriage, Divorce, Maintenance, Position and Inheritance have clearly been dealt with in Quran and hadees and Muslims belonging to various schools of thoughts hence to adhere to them.
If we have got a word of God or any saying of Prophet about any matter it carries the element of eternity for Muslims.
ljtehad permits logical deduction of theological question by the learned theologists provided no answer to such question or question as the case may be is found in Quran and Hadith.
Muslimsabidebytheconstitutionorlawsofthecountryafterarriving at on agreement with the other party. Such an agreement always contains some conditions and any agreement sans conditions has no validity for Muslims.
CONSTITUTION OF INDIA AND INDIAN MUSLIMS
Constitution of India confers equal rights on all citizens and provides equal opportunities to all. People professing different religions are at liberty to practice and propagate their religion and form association. All citizens have been given fundamental rights.They enjoy equal ree om in all matters. The Constitution prohibits any discrimination against any one on grounds of caste, creed, religion, region, language etc. n case such discrimination is done by person, group, party or organisation, the aggrieved persons has been given constitutional rights to seek legal remedy. Besides, persons professing different religions have also been granted certain rights.to get their matters decided by the court. It is only on the strength of such constitutional provisions that questions regarding Muslims marriages, divorce and inheritance are, decided according to Muslim Personal Law . Thus, Muslims enjoy full liberty to practice and propagate their religion. As regards work done on Muslim theology, research, preaching etc. we do not lag behind rather we are second to none. It should be a matter of pride and dignity for all of us and our,Government.
PRESENT PROBLEMS
CERTAIN DEMANDS TO THE GOVERNMENT
Application of Muslim Personal Law be made more effective through further legislation.
Minorities Commission, now having statutory status, may also be given certain powers to ensure effective application Of Muslim1 Personal Law.
The Government may ensure that nOn-Muslims and communal organisations should refrain from making statements or writing on purely religious feelings of Muslims.
All of us must profess our,respective religions in the true siprit of reigious coexistence and should avoid any undesirable criticism. The Government should ensure it. by its own actions and necessary directions.
Matters like Shah Bano and Ameena that have a direct bearing on Muslim Personal Law ought not to have been dealt with so casually by the media. The Government should also ensure that persons or organisation, expressing their opinions on matters pertaining to Quran or Hadith should avoid any comments hurting religious feelings and violating common code of morality and religion.
OUR COURSE OF ACTION
Committee comprising of Muslim theologists and jurists representing different schools of thought should be formed for considering all matters pertaining to Muslim Personal Law so that deliberations taken by them are acceptable to all sections of Mulims.
A central co-ordination committee be formed for discussing matters with the Government and finding solutions to such problems.
Services of experts may be utilized for preparing publicity literature regarding Muslim Personal Law for keeping the people well informed.
Central and State co-ordination committee may be formed for utilizing services of Muslim theologists and teachers of Madarsas so that application of Muslim Personal Law may be made more effective.
The people may be apprised of the importance of Muslim Personal Law and Muslim Personal Law Protection Committee be formed in all tehsils, districts and cities.
A central advisory council comprising of highly reputed Muslim theologists be formed.
Office bearers of central advisory council, provincial and district Personal Law Committee should take up such matters with peoples representatives, So that they may raise such questions in the relevant houses if the situation so warrants.