The Crescent SocietyM.R.A. Baig MUSLIM PERSONAL LAW By Tahir Mahmood Vikas, New Delhi, 1977, Price Not Stated MUSLIM COMMUNITIES OF SOUTH ASIA Edited by T.N. Madan Vikas, New Delhi, 1976, 50.00 FAMILY, KINSHIP AND MARRIAGE AMONG MUSLIMS IN INDIA Edited by Imtiaz Ahmad Manohar Books,New Delhi, 1976, 75.00 VOLUME II NUMBER 5 September-October 1977 Clearly, abstract research must continue irrespective of
how little of it is applied in practice. The Muslim way of life, not
necessarily Islamic as at least two of the above publications amply prove, has
also been subjected to considerable theological interpretation and
sociological research, but the findings have probably been the least applied in
practice. The reasons for this can be identified, and though outside the scope
of this review, become evident, even if indirectly, in many of the essays collected
by Madan and Imtiaz Ahmad.
Tahir Mahmood, who for his young age has
produced a remarkable number of books and articles, displays his usual
erudition and clarity of thought in his latest work on Muslim Personal Law. But
in spite of all his interpretation of theological issues his survey of what
must surely be all relevant legal documents, and his marshalling of all
arguments and statements by pro-changers and no-changers, in favour or against
of any changes in Muslim Personal Law, his work brings the reader sadly to what
is known as ‘back to square one’.
It is, therefore, frustrating to read in his
very first chapter the following:
While assuming powers and functions of a judicial administration,
the British faced, naturally, the question as to which law, in different kinds
of cases be applied by the hierarchy of their courts. The legal system ...
followed by the courts which had preceded them was based mainly on Hindu and
Islamic religions ...
To the British
rulers the system appeared complicated and anachronistic. This they set out to
change. The religion-based criminal laws of India were reformed piecemeal, eventually
culminating in the enactment of the Penal Code and the Criminal Procedure Code,
both of a secular nature and divorced from religion .. Likewise, the British
could also have given to the country a civil code. They did not ..
Why not? For this we have to thank the Indian
Mutiny. The British, after analysing its causes and identifying its revivalist
basis, brought to a halt the early reforming zeal which had impelled them to prohibit suttee,
child marriage and other religion-sanctioned practices. From then till they
left, their political and administrative policy was to keep their hands off any
practice, however anachronistic, which had religious authority.
Sad to relate, at least
from the point of view of those who advocate social change and reform, the
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