Understanding Judicial Pronouncement on Islamic law

For argument in any Islamic law related case, a lawyer must have a good command over the Islamic Shari’ah. This view was expressed during a programme organised by the All India Muslim Personal Law Board at Indian Law Institute in the national capital on 3 August.
This programme was first of the lecture series under the theme ‘Tafheem-e-Shariat’ the organisers have decided mainly for advocates. It was entitled ‘Judicial Pronouncement on Islamic law’. Maulana Mohammad Wali Rahamani, who is considered an authority on the subject, was the chief speaker. But unfortunately, on the way to attend the programme he fell ill and was taken to hospital.
Other guests delivered their speeches on the subject. A mixed opinion was emerged through the discussion. “Till today we are not able to provide even a single complete book on Islamic Law for lawyers as well as the general educated people. Unfortunately very few Maulanas are able to explain the Islamic law to the non-Muslim society. The time has come to rethink how we can develop the Islamic Shari’ah as was done during the times of Caliph Umar and Imam Abu Hanifa,” said Advocate Shakil Ahamad Syed.
Advocate Mushtaq Ahmad expressed a quite different opinion. He said that the controversial pronouncements made by many High Courts as well as the Supreme Court should be considered interpretation of Islamic Shari’ah, and not interference into Shari’ah. The others, including the convener Dr. S.Q.R. Ilyas strongly opposed his opinion.
“The interpretation of religious text is not a business of courts of law, even the Supreme Court; only the scholars of that particular religion can do so,” said Dr. S.Q.R. Ilyas. Advocate Mushtaq also stressed on codifying the Islamic law while Advocate Shahid Ahmad strongly claimed that Islamic law is already codified so no need to do it once again.
Advocate Mubin Akhtar said that before talking about Talaq one should understand the concept of marriage in Islam.
Most of the delegates sitting in the audience, including Barrister Asaduddin Owaisi, belonged to the lawyer fraternity.
Mr. Justice Fakhruddin, in his concluding speech, proposed to collect and compile all the judgments regarding Muslim personal law for further research.  The AIMPLB has decided to organise such lectures in every two months.