Distinguished Islamic scholar Dr. Mohammad Raziul Islam Nadvi is a prolific writer, who has contributed to major publications, journals and newspapers on a variety of subjects relating to Islam, Muslims specifically, and humanity in general. He has also participated in national and international seminars. He has written several books so far, along with those that he has edited and translated. He also received his MD and BUMS degrees from Aligarh Muslim University’s Ajmal Khan Tibbiya College.
From 1994 until 2011, he was associated with the research organisation Idara Tahqeeq-o-Tasneef-e Islami. He currently serves as the editor of Tahqeeqat-e-Islami, India’s renowned and esteemed quarterly, and Secretary of Jamaat-e-Islami Hind. He is also Secretary of the Shariah Council of Jamaat-e-Islami Hind which issues guidelines on the problems. He spoke with Radiance on the issues related to Muslim Personal Law in contemporary India.
Excerpts from his interview:
Muslim personal law is often being criticised. Does it result from internal or external factors?
The family rules of Islam are referred to as Muslim Personal Law. By virtue of the Shariat Application Act of 1937, which is currently a part of the country’s legal system. Muslims are free to adhere to it. Despite this, there have occasionally been arguments made against it. While there are Muslim-hating extremist groups, the government also makes reference to the directive principles of the Constitution in order to demonstrate its intentions to enact a uniform civil code. Some of the more liberal Muslims among us speak out against the Muslim Personal Law because they do not want to follow Shari’ah rule in their lives. Therefore, Muslim Personal Law is facing external challenges and internal challenges as well.
Whether the Muslim personal law in force in our country is compatible with the social issues emanating from a world that is changing rapidly?
Islam has two distinct types of laws: One is that which is expressly mentioned in its two principal texts, the Qur’ān and the Hadith. They won’t ever alter in any way. Others are those that religiously competent academics develop in response to novel and shifting circumstances in the light of the Qur’ān and the Hadith. They can occasionally be modified, and attempts can be made to make them better depending on the circumstance. But only those with a thorough grasp of religion and familiarity with its fundamental sources are capable of carrying out this task.
After the Shah Bano’s case, a new kind of case has recently surfaced in Kerala which is related to inheritance. After 26 years, a Muslim couple has reregistered their marriage under the Civil Code. Is the law of inheritance of Islam not fair to women?
Islam is a full-fledged way of living. It offers direction in all facets of existence. Family and marriage life are included in this. A Muslim must adhere to the complete faith. A person, who identifies as a Muslim but also declares that he will not follow any Islamic law and will instead abide by another law and resolve his dispute in accordance with it, is not permitted from the religious standpoint. Islam does not tolerate it.
It is absurd to pretend to annul a marriage that was performed 26 years ago in accordance with Islamic law and stage a drama of remarrying under the Civil Code on the grounds that Islamic law of inheritance does not treat women fairly. Any action performed today will have an immediate effect, but nothing that was done earlier will be rendered invalid.
What is the Islamic law’s historical context regarding inheritance? Enlighten us in great detail.
Islam’s inheritance law, in my opinion, is more sophisticated than all other laws in existence and completely upholds the rights of women. Until lately, there was no share of women in inheritance anywhere in the world. Islam established the share of women in inheritance fourteen hundred years ago. Four men and eight women are listed as inheritors in the Qur’ān. In no way are a mother, wife, or daughter denied a legacy. A woman inherits more often than a male, and frequently she inherits equal to a man. The social structure of Islam is the cause of the rare instances where a woman receives half of a man’s wealth.
Without knowledge of Islamic society, it is impossible to comprehend Islamic inheritance law. Islam’s social structure places the male, not the woman, in-charge of maintaining the home and providing for the family. Even if a lady is wealthy, she does not have to give all of her money to her family. Everything she receives from her parents, gifts she receives for her wedding or on other special occasions, or money she makes through work or commerce is secure in the eyes of Islam. The husband cannot take the wife’s property without her knowledge and permission. Therefore, it is my firm view that Islamic inheritance law is the best and most compatible with duties to family members.
Islam is apparently a religion of mercy, but some liberal Muslim men and women have petitioned in the courts to overturn the Muslim personal law. Regarding the inheritance issue, some women in Kerala have been knocking on the court’s door. What do you say about these developments?
I stated that it is necessary for every Muslim man and woman to adhere to the entire body of Islamic law. They also offer advice on raising a family. Muslim household teachings are compiled into Muslim Personal Law. A person’s allegiance to Islam comes under scrutiny if he identifies himself as a Muslim but prefers that another set of laws governs his concerns.
A sizable number of students graduate from religious institutions each year. In the community, a number of socio-religious organisations are operating. Why isn’t there a widespread movement to implement Shari’ah laws in our family lives?
While there are many religious institutions in the country and numerous religious groups and organisations are active, the Muslim population’s adherence to their faith is still not very strong. There are many causes for this, including the impact of other cultures, for a very long period they coexisted with non-Muslims, and as a result, non-Islamic customs and traditions became ingrained in them. Due to ignorance, they are unaware of Islam’s principles. It is commendable that graduates of religious institutions and members of religious organisations are making an attempt, but more needs to be done. Conscious individuals from all spheres of the Ummah must come forward and offer their services in changing the society.