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 It is totally outdated today.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

Nobel laureates join international figures, seek release of Bhima Koregaon accused activists

Nobel laureates Olga Tokarczuk, Wole Soyinka Counterview Desk As many as 57 top international personalities, including Nobel laureates, academics, human rights defenders, lawyers cultural personalities, and members of Parliament of European countries, have urged the Prime Minister and the Chief Justice of India to ensure immediate release of human rights defenders in India “into safe conditions”.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

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.

Russia, China to call the shots in Middle East, as Muslim nations turn into house of cards

By Haider Abbas* Only a naive would buy that the ‘situation of ceasefire’ between the State of Israel and Hamas would continue, as if the foiled attempt to demolish Al Aqsa this time, is not be repeated, if not in any near future then in sometime to come. Israel already has spurned the ‘ceasefire’ by storming Al Aqsa after the Friday prayers on May 21.

Collapse of healthcare system? Why 90% of Covid patients treated at home survived

By Bobby Ramakant, Sandeep Pandey* Well known Hindustani classical singer Padma Vibhu shan Channulal Mishra, chosen as one of the proposers of Narendra Modi in Lok Sabha elections, lost his wife and elder daughter to Covid in private hospitals in Varanasi. Younger daughter has accused Medwin Hospital of charging Rs 1.5 lakh for treatement of her sister and not being able to explain the cause of death. Pandit Channulal Mishra has asked for a probe into his daughter’s death from the Chief Minister. The family has also asked for the CCTV footage of the ward where deceased daughter was admitted for a week.

Modi-led regime 'contributed' 60% to rise of global poverty, yet Hindutva is intact

By Bhabani Shankar Nayak* In recent years, the Hindutva politics has caused long term damage to India and Indians. The so called 56-inch macho PM, the propaganda master manufactures and survives all political crisis including the current mismanagement of the Coronavirus pandemic in India. In spite of deaths and destitutions, the social, cultural, economic and religious base of Hindutva is intact.

Rooted in mistrust? Covid-19’s march into rural India is a very different ball game

By Sudhir Katiyar* As the Covid-19 virus penetrates rural India, the rural communities are responding very differently from their urban counterparts who rushed to the hospitals. The rural communities are avoiding the public health facilities and any mention of the disease. The note argues that this supposedly irrational response is based on a deep-seated mistrust of the state by the rural communities. It can not be resolved with routine Information, Education and Communication (IEC) measures suggested in the Government of India SOP for tackling Covid-19 in rural areas.

Hunger, lack of food security behind India's 'slip' in UN's sustainable development rank

By Dr Gian Singh* According to a report released by the United Nations on June 6, 2021, India's ranking of achieving Sustainable Development based on the 17 Social Development Goals (SDGs) set by the 193 countries in the 2003 agenda, which was 115th last year, has slipped to 117th position this year. India ranks not only the lowest among the BRICS countries -- Brazil, the Russian Federation, India, China, and South Africa but also below the four South Asian countries -- Bhutan, Sri Lanka, Nepal, and Bangladesh.

Courageous, in-depth attempt to confirm common spiritual values of Christ, Buddha

By RB Sreekumar, IPS* All religions, both theistic and atheistic designed conceptual and practical architecture, for holistic and comprehensive elevation and enlightenment of humanity. PK Vijayan, in his novel “Nirvana of Jesus Christ” (Notion Press, 2020) through creative imagination portrayed personality evolution of the two progenitors of God-centric and sagaciously logical major religions – Jesus Christ of Christianity and Gautama Buddha of Buddhism.

Why hasn't Govt of India responded to US critique of freedom of religion under Modi?

By Fr Cedric Prakash SJ* About two weeks ago, on May 12, 2021, the US Secretary of State Antony J Blinken released in Washington the ‘2020 International Religious Freedom Report.’ This official annual report of the US Government details the status of religious freedom in nearly 200 foreign countries and territories and describes US actions to support religious freedom worldwide. Mandated by the International Religious Freedom Act of 1998, this report highlights the fact that ‘religious freedom is both a core American value and a universal human right’.

Counterview

Search This Blog