Skip to main content

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 It is totally outdated today.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

TRENDING

World Bank clarifies: Its 26th rank to India not for universal access to power but for ease of doing business

By Our Representative
In a major embarrassment to the Government of India, the World Bank has reportedly clarified that it has not ranked India 26th out of 130 countries for providing power to its population. The top international banker’s clarification comes following Union Power Minister Piyush Goyal’s claim that India has “improved to 26 position from 99” in access to electricity in just one year.

"Misleading" satellite images being shared on Balakot surgical strike on Jaish camp

By Dr Vinay Kate*
With every passing day more questions are being raised about the surgical strike India did in Balakot as a response to Pulwama attacks. So far the Indian media has claimed mass casulaty of 300+ terrorists of Jaish-e-Mohammad in this surgical strike, but there is hardly any report from foreign media about the same.

Extreme repression, corporate loot, cultural genocide "characterise" India's tribal belt

Counterview Desk
As Lok Sabha polls approach, there is considerable ferment in one section of the population -- India's Adivasis, forming about 8.6 per cent of India's population. Things became particularly critical following the February 14, 2019 Supreme Court order, allegedly seeking to evict lakhs of tribals from their forest lands.

Industry in India "barely growing", export growth 0%, whither moral anchors?

Counterview Desk
In a sharp critique of the Modi government, the Indian Institute of Management-Ahmedabad (IIM-A), one of world renowned economist Prof Kaushik Basu, who is Professor of Economics and Carl Marks Professor of International Studies at Cornell University, has told students at the IIM-A’s 54th Annual Convocation on March 16, 2019 that they have a “special responsibility” on their shoulders, “the responsibility to reject narrow sectarianism, uphold scientific thinking, openness to new ideas, and freedom of speech.”

Gujarat model? Industrial effluents "invade" borewells, discharge coloured water in farms

By Rajiv Shah
In a major embarrassment for Gujarat model, of the 21 samples taken by officials of the state government's environmental watchdog Gujarat Pollution Control Board (GPCB) in two villages of Vadodara district and analyzed by its laboratory in Gandhinagar, the state capital, to find out pollution level in groundwater, 16 were assessed as highly contaminated – these were, in fact, found to be discharging reddish, brownish, reddish, or yellowish water.

Refugees as criminals? US govt report blames Amit Shah for calling Bangladeshis termites

Counterview Desk
The chapter “Freedom of Movement” of the US State Department’s “India 2018 Human Rights Report”, released recently, has criticized BJP chief Amit Shah for terming alleged Bangladeshis who may be in Assam as “termites”, because their names were struck down from the list of National Register of Citizens, under preparation in the state.
Pointing out that four million residents were excluded from Assam’s final draft list, leading to “uncertainty over the status of these individuals, many of whose families had lived in the state for several generations”, the report regrets, the Indian law does not even contain the term “refugee,” treating refugees like Rohingiyas as “any other foreigners.”
“Undocumented physical presence in the country is a criminal offense. Persons without documentation were vulnerable to forced returns and abuse”, the report says.
Text of the Freedom of Movement chapter: The law provides for freedom of internal movement, foreign travel, emigration, a…

Congress would win just 9 of 26 Lok Sabha seats: Gujarat Assembly segment-wise analysis

By Rajiv Shah
Even as the Congress plans its first working committee meet in Gujarat on February 28 after an almost 58 year gap, there is reason to wonder what is in store for India’s grand old party in a state which has been long been a BJP bastion – in fact ever since mid-1990s. Ahead of the then assembly polls in late 2012, talking with me, a senior Gujarat Congress leader, currently Rajya Sabha MP, frankly said he saw no reason why Congress would win.

"Pro-corporate" Supreme Court order on FRA would further marginalize Adivasis

By VS Roy David, JP Raju*
For millions of Adivasis and other traditional forest dwellers February 13, 2019 will go down in history as the day of apocalypse. This is like the proverbial Black Friday where millions of most marginalized people of India were ordered by malicious anti-people draconian Supreme Court order depriving them the life and livelihood by evicting them from their habitats.

Financial inclusion? Not micro-loans; India's poor "need" investment in health, education

By Moin Qazi*
India has grown into a global powerhouse. Its economy is soaring but the picture on the ground is still quite arid. The green shoots that you see are only a patch of its landscape. Most Indians are hapless victims of inequity. India is one country where intense poverty abounds in the shadow of immense wealth.

India, Pakistan told to eliminate nuclear weapons: N-war "would kill" 2 billion

Counterview Desk
The International Physicians for the Prevention of Nuclear War (IPPNW), a non-partisan federation of national medical organizations in 64 countries, representing tens of thousands of doctors, medical students, other health workers, and concerned citizens, claiming to share the common goal of creating a more peaceful and secure world freed from the threat of nuclear annihilation, has warned that “an unprecedented global catastrophe” awaits the globe against the backdrop of warmongering in India and Pakistan.