Among the comments to my previous post ( regarding uniform civil code) was a comment that if the Muslim Law was amended by Parliament it will violate the fundamental right of Muslims to practice their religion.
To my mind this is a specious argument. The Hindu Law was drastically amended by Parliament in 1955 and 1956, but that did not violate the right of Hindus to practise their religion. Moreover much of Muslim law has already been amended.and a uniform law made for all. For instance, the Muslim criminal law has been replaced by the Indian Penal Code and Criminal Procedure Code a hundred years ago. Now people cannot stone a person to death for adultery, as was permitted by Muslim law. In fact it will amount to murder under section 302 I.P.C. By abolishing the Muslim Criminal law have the Muslims in India been deprived of their right tp practise their religion ? The land laws in rural India are also common to both Hindus and Muslims, e.g. the U.P.Zamindari Abolition Act, 1951, and to that extent the Muslim law has been abolished. Has that denied to the Muslims the right to practice their religion ?
Similarly, if there is a common civil code Muslims will not in any way be denied the right to practice their religion.
Law reflects social relations in a society at a particular stage of its historical development. Muslim law, like the old (non statutory) Hindu law, was a law made in the middle ages in feudal society. Obviously that law is outdated in modern society. For instance, in feudal society, women were regarded as inferior to men. Hence the law discriminated against them. Thus, while a Muslim male can marry 4 wives, a Muslim female can marry only one husband. A Muslim husband can divorce his wife without going to court and without giving any reason , but a Muslim wife who wants a divorce has to file a petition in Court, and plead and prove one of the grounds mentioned in section 2 of the Dissolution of Muslim Marriages Act, 1939, That petition may take years to decide. A Muslim daughter gets only half what the son inherits. Many more examples of discrimination against women in Muslim Law can be given.
The modern age is the age of equality. Monogamy represents equality between men and women. The Muslim law, being a law of medeival society, is totally outdated in the modern age, and needs to be drastically amended.
In all modern countries there is one law for all communities. The Muslim law was not allowed to be amended by certain bigoted people and for vote bank politics, and this refusal to modernize Muslim law or enact a common civil code has contributed to keeping Muslims backward in our country, and has thus done great harm to Muslims
To my mind this is a specious argument. The Hindu Law was drastically amended by Parliament in 1955 and 1956, but that did not violate the right of Hindus to practise their religion. Moreover much of Muslim law has already been amended.and a uniform law made for all. For instance, the Muslim criminal law has been replaced by the Indian Penal Code and Criminal Procedure Code a hundred years ago. Now people cannot stone a person to death for adultery, as was permitted by Muslim law. In fact it will amount to murder under section 302 I.P.C. By abolishing the Muslim Criminal law have the Muslims in India been deprived of their right tp practise their religion ? The land laws in rural India are also common to both Hindus and Muslims, e.g. the U.P.Zamindari Abolition Act, 1951, and to that extent the Muslim law has been abolished. Has that denied to the Muslims the right to practice their religion ?
Similarly, if there is a common civil code Muslims will not in any way be denied the right to practice their religion.
Law reflects social relations in a society at a particular stage of its historical development. Muslim law, like the old (non statutory) Hindu law, was a law made in the middle ages in feudal society. Obviously that law is outdated in modern society. For instance, in feudal society, women were regarded as inferior to men. Hence the law discriminated against them. Thus, while a Muslim male can marry 4 wives, a Muslim female can marry only one husband. A Muslim husband can divorce his wife without going to court and without giving any reason , but a Muslim wife who wants a divorce has to file a petition in Court, and plead and prove one of the grounds mentioned in section 2 of the Dissolution of Muslim Marriages Act, 1939, That petition may take years to decide. A Muslim daughter gets only half what the son inherits. Many more examples of discrimination against women in Muslim Law can be given.
The modern age is the age of equality. Monogamy represents equality between men and women. The Muslim law, being a law of medeival society, is totally outdated in the modern age, and needs to be drastically amended.
In all modern countries there is one law for all communities. The Muslim law was not allowed to be amended by certain bigoted people and for vote bank politics, and this refusal to modernize Muslim law or enact a common civil code has contributed to keeping Muslims backward in our country, and has thus done great harm to Muslims
