Uniform civil code: Shariat was made 1400 years ago. Must society remain stagnant for 1400 years?

By Markandey Katju*
I am a strong supporter of a uniform civil code. All modern countries have a common law for all citizens, and India must modernize if it is to progress.
It is stupid to say that if sharia is abolished Islam will be abolished. It is also stupid to say that Sharia was made by God. Sharia grew out of the feudal, backward social customs in Saudi Arabia in the 7th and 8th centuries. It is totally outdated today.
The old ( non statutory ) Hindu Law was abolished in 1955 and 1956 by Parliamentary statutes, e.g. the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, etc despite the strong protest of orthodox Hindu swamis and saints ( e.g. Karpatriji, Prabhudatt Brahmachari, etc ) who said that this will abolish the Hindu religion as Hindu Law emanated from the Vedas. However, that never happened. Hindus are still going to temples, doing puja, and observing their rituals, etc.
So abolishing the oudated, feudal sharia will certainly not abolish Islam. Has abolition of the shariat criminal law e.g. abolition of the barbaric law of stoning women to death for adultery ( sangsad ) or cutting off the limbs for theft, put an end to Islam ? So even after abolishing shariat personal law, Muslims will keep going to masjids, saying namaz, etc.
In fact shariat personal law has kept Muslims backward, because oral talaq ( and burqa ) have kept many Muslims backward. Since women comprise of half of society, keeping women backward means plucking off one of the two eyes from one's face.
Shariat was made 1400 years ago. Must society remain stagnant for 1400 years? Must laws made in the 7th century be applied today though society has totally changed since then? After all, laws must reflect social conditions, and if social conditions have changed, so must the laws. In this age of cars and aeroplanes must one continue travelling on a camel?
Some Muslims say that sharia was made by Allah. but the same argument was made by orthodox Hindus, who said that the old ( non statutory ) Hindu law emanated from the divine Vedas and so was unchangeable, and orthodox Christians who said that the biblical injunctions regarding marriage etc were made by God. All this is nonsense and humbug.
Laws have to change as society changes. How long will stupidity be tolerated? How can you have oral talaq, which keeps a Damocles sword hanging over every married Muslim woman, in this age of equality between men and women? How can you support burqa, which is really keeping women in cages, in the modern age ? How can you say that if a woman is not wearing a burqa she is naked or in a bikini (as many idiotic supporters of burqa contend)? Is a woman wearing a sari or salwar kameez naked or in a bikini?
I know this post will draw a lot of flak on me by many bigoted idiots, but so be it. I am a sworn enemy of idiots.
---
*Former chairman, Press Council of India; former Judge, Supreme Court of India. Source: https://www.facebook.com/justicekatju/. Views expressed above are those of the author and not of www.counterview.net

Comments

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Where’s the urgency for the 2,000 MW Sharavati PSP in Western Ghats?

By Shankar Sharma* A recent news article has raised credible concerns about the techno-economic clearance granted by the Central Electricity Authority (CEA) for a large Pumped Storage Project (PSP) located within a protected area in the dense Western Ghats of Karnataka. The article , titled "Where is the hurry for the 2,000 MW Sharavati PSP in Western Ghats?", questions the rationale behind this fast-tracked approval for such a massive project in an ecologically sensitive zone.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad* The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Structural retrogression? Steady rise in share of self-employment in agriculture 2017-18 to 2023-24

By Ishwar Awasthi, Puneet Kumar Shrivastav* The National Sample Survey Office (NSSO) launched the Periodic Labour Force Survey (PLFS) in April 2017 to provide timely labour force data. The 2023-24 edition, released on 23rd September 2024, is the 7th round of the series and the fastest survey conducted, with data collected between July 2023 and June 2024. Key labour market indicators analysed include the Labour Force Participation Rate (LFPR), Worker Population Ratio (WPR), and Unemployment Rate (UR), which highlight trends crucial to understanding labour market sustainability and economic growth.

Venugopal's book 'explores' genesis, evolution of Andhra Naxalism

By Harsh Thakor* N. Venugopal has been one of the most vocal critics of the neo-fascist forces of Hindutva and Brahmanism, as well as the encroachment of globalization and liberalization over the last few decades. With sharp insight, Venugopal has produced comprehensive writings on social movements, drawing from his experience as a participant in student, literary, and broader social movements.

Authorities' shrewd caveat? NREGA payment 'subject to funds availability': Barmer women protest

By Bharat Dogra* India is among very few developing countries to have a rural employment guarantee scheme. Apart from providing employment during the lean farm work season, this scheme can make a big contribution to important needs like water and soil conservation. Workers can get employment within or very near to their village on the kind of work which improves the sustainable development prospects of their village.

'Failing to grasp' his immense pain, would GN Saibaba's death haunt judiciary?

By Vidya Bhushan Rawat* The death of Prof. G.N. Saibaba in Hyderabad should haunt our judiciary, which failed to grasp the immense pain he endured. A person with 90% disability, yet steadfast in his convictions, he was unjustly labeled as one of India’s most ‘wanted’ individuals by the state, a characterization upheld by the judiciary. In a democracy, diverse opinions should be respected, and as long as we uphold constitutional values and democratic dissent, these differences can strengthen us.

94.1% of households in mineral rich Keonjhar live below poverty line, 58.4% reside in mud houses

By Bhabani Shankar Nayak* Keonjhar district in Odisha, rich in mineral resources, plays a significant role in the state's revenue generation. The region boasts extensive reserves of iron ore, chromite, limestone, dolomite, nickel, and granite. According to District Mineral Foundation (DMF) reports, Keonjhar contains an estimated 2,555 million tonnes of iron ore. At the current extraction rate of 55 million tonnes annually, these reserves could last 60 years. However, if the extraction increases to 140 million tonnes per year, they could be depleted within just 23 years.

Search This Blog