By M. Zakir Azmi Nadvi
RIYADH — Muslim organizations in India are hyperbolical on many issues that concern the community, said an eminent jurist while addressing a huge gathering of Indian expatriates here.
Professor Faizan Mustafa, vice chancellor of the National Academy of Legal Studies and Research (NALSAR), Hyderabad, was delivering the keynote speech at the conference jointly organized by India Islamic Cultural Center (IICC) and Bihar International Society and Welfare Association (BISWAS).
In his enlightening lecture that lasted two and a half hours, Professor Mustafa comprehensively covered the minority character of Aligarh Muslim University (AMU) and Jamia Millia Islamia (JMI) as well as the uniform civil code. “The case of AMU and JMI’s minority character is definitely correlated. If AMU’s minority privileges are revoked, JMI will also have to face the same fate,” he said.
About the evolution of the Muslim Personal Law, he said that there is a need to differentiate between portions of the Muslim Personal Laws that are divine and that are not. “Some parts of Muslim Personal Law were derived directly from Qur’an and Sunnah, and others are outcomes of ijtihad (independent reasoning) of jurists. The clauses that are considered as opinions of the jurists can be amended according to arising situations whereas the former cannot be subjected to change. The scholars of Islamic jurisprudence and legal luminaries should make joint efforts to find out avenues for reform to meet the requirements of a changing world,” he said.
Speaking about the ongoing debate over the implementation of a uniform civil code in the country, Mustafa reiterated that Islam recognizes the rights of women. “Unlike other religions, Islam considers marriage as an agreement between two individuals and therefore both have equal rights to divorce. Under the Hindu law divorce was unimaginable. Islam is the only religion that provides an option of separation for couples,” he explained.
He further asserted that he was not against reforms, gender justice or a uniform civil code. “My only concern is uniformity of rights rather than uniformity of law. Why the uniformity in wage is not being implemented even though it is already in the form of law and similarly the right to education?” he asked.
With his rational arguments, Professor Mustafa immensely influenced many legal experts who were belligerently backed the law commission, which advocated the implementation of a uniform civil code in the country.
However, after his eloquent arguments they were left with no option but to reconsider their views on the matter. “If the government is serious about enforcing the uniform civil code, why doesn›t it present a blueprint?” he asked.
Explaining the difference between Law and Shariah, he said, “The Qur’an is not merely a Book of Law, rather it is a divine book of guidance that comprehends all aspects of human life. There are only 83 verses in Qur’an relating to law. Islam believes in minimum interdiction and leaves maximum scope for human interpretation of laws. Law has to be extracted from the sources of Islamic legal tradition. Such extraction is called ijtihad, which literally means endeavor or self-exertion. Thus, the Muslim Personal Law is largely based on juristic interpretation than on direct divine commandments.”
Elucidating the sources of Islamic law, he said they are based on human reasoning such as Ijma, or consensus among the learned; qiyas, or analogical deductions; istihsan, or juristic preference; istisilah, or public interest, and ijtihad, or juristic reasoning. He also pointed out that unlike divine commandments, the laws are opinions of jurists that can be amended according to the requirements of the prevailing circumstances.
He pointed to various judgments of the Supreme Court and high courts in various states of the country and said there is no need for judges to go into the Holy Qur›an while interpreting Indian criminal law. “It is a misconception to think that we are having a common criminal law in the country. The criminal law in the country has been amended around 32 times so far,” he said.
Renowned businessman and educationist Dr. Nadeem Tarin, who was the guest of honor at the event, was felicitated on his election to the Executive Council of Aligarh Muslim University.
In his speech Dr. Tarin assured the NRIs that he would raise the concerns related to their children enrolled in AMU.
Journalist Ghazanfar Ali Khan, bureau chief of Arab News daily, also spoke on the occasion.
The program was presided over by veteran NRI Salim Zubaidi and moderated by Akhtarul Islam Siddiqui. The opening address was delivered by Murshid Kamal Jamayee. Arab News reporter Rashid Hasan and freelance journalist M. Zakir Azmi Nadvi were felicitated. Noushad Alam Jamayee and Arshad Ali Khan Alig were also presented mementos as a token of appreciation for their services.
