Skip to main content

Why Manusmriti and Sharia cannot replace the Constitution

By Ram Puniyani* 
The Indian Constitution emerged from the values nurtured during the freedom struggle. Drafted by a broadly representative Constituent Assembly, it lays down the guiding principles of national life—Liberty, Equality, Fraternity and Social Justice.
A section of political opinion—primarily conservative Hindus and those advocating a Hindu nation—opposed it from the outset. Leaders of Hindu nationalist politics, supported by conservative sections of society, articulated their position in an article in Organiser, the RSS mouthpiece, which claimed there was nothing “Indian” about the Constitution and that Hindus would not accept it.
Vinayak Damodar Savarkar went further, declaring that Manusmriti was “the Constitution today.” In the same vein, Swami Avimukteshwaranand recently stated that Manusmriti is above the Indian Constitution.
This drive to assert scriptural authority over constitutional values is not confined to Hindu right-wing thought. Maulana Mufti Shamail Nadwi made a similar claim. The Maulana, who recently gained attention following a debate with Javed Akhtar on the existence of God, said in a widely circulated video clip that Muslims had erred in accepting secularism and the primacy of national institutions over Sharia. He questioned whether believers should accept court rulings that conflict with Islamic law. Critics argue that such statements undermine India’s constitutional secularism and promote religious supremacy.
Manusmriti is a text reflecting Brahminical social hierarchy within Hinduism. Sharia, meanwhile, is a broader legal-ethical framework in Islam, derived from the Qur’an, Hadith (sayings and actions of Prophet Muhammad), Ijma (the consensus of scholars) and Qiyas (analogy). It guides personal conduct, ethics and social norms. Interpretations vary across multiple schools of jurisprudence—Hanafi, Shafi‘i, Maliki, Hanbali and Ja‘fari—leading to considerable diversity.
Of nearly 55 Muslim-majority countries, Sharia forms the basis of national law only in a few—primarily Saudi Arabia, Iran and Afghanistan. Several others apply it partially. In India, it operates only in matters governed by Muslim personal law.
What do societies do when religious laws, codified centuries ago, confront contemporary realities? While Hindu right-wing politics seeks to revive Manusmriti, some Muslim-majority states adopt Sharia wholly, and many apply it selectively or not at all. Yet, the principle remains: Can Sharia supersede a national constitution?
Legal scholar Faizan Mustafa argues that in every modern state, the Constitution is supreme. Many constitutions incorporate aspects of Sharia, but always within constitutional frameworks.
Democratic institutions in Muslim-majority countries vary widely in form and strength. Online debates reflect this divide: critics accuse Mufti Shamail of encouraging Muslims to disregard the Constitution, while supporters praise him for affirming Sharia. Notably, during medieval Indian history, Muslim rulers did not impose religious law on state policy uniformly.
Alternative Islamic voices exist. The late Asghar Ali Engineer, a leading Indian Islamic scholar, emphasised the concept of Shura (mutual consultation), arguing that democracy is compatible with Islamic values. While the Qur’anic injunction to consult people may differ from modern representative democracy, Engineer observed that both share the spirit of collective decision-making and reject authoritarianism. As societies evolve, human institutions must adapt.
Islamic support for democratic institutions has deep roots in India’s own history. Maulana Abul Kalam Azad and Khan Abdul Gaffar Khan worked for a democratic, secular nation during the freedom struggle. More recently, Muslim women in the Shaheen Bagh movement demonstrated democratic resolve in defending citizenship rights.
The contemporary challenge is stark. Indian Muslims today face discrimination under an assertive Hindutva politics, leading to rising conservatism as a defensive response. The urgent task for the community is to safeguard its constitutional rights through democratic means. Divergent schools of Islamic jurisprudence mean even Sharia itself is interpreted differently—raising further questions about what it would mean to elevate it over the Constitution. Meanwhile, personal laws already exist and are increasingly contested.
The dominant threat today comes from assertions that seek to revive Manusmriti—a text embodying hierarchy and inequality—in the name of cultural authenticity. Such efforts are incompatible with a society committed to equal citizenship and constitutional morality.
In contrast, many European countries consciously restrict religion to the private sphere, separating faith from state administration.
We live in contradictory times: universal human values such as dignity and equality find expression in forums like the UN Charter, while religious right-wing movements—both Hindu and Muslim—have gained ground globally. Mufti Shamail may be well-versed in Islamic doctrine, but modern societies must prioritise democratic institutions and contemporary values shaped through collective experience.
---

Comments

TRENDING

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.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’