Enlightened Secularism and Common Heritage continues..

The ground of immutability of the Shariat was in fact raised by some Muslim members in the Constituent Assembly of India but was rejected by Dr. Ambedkar. It would be an eye-opener to many today to recount what Ambedkar said [VII C.A.D. 5] in this context:
“… up to 1935 the North-West Frontier Province was not subject to Shariat law; it followed the Hindu law in the matter of succession and in other matters, so much so that it was in 1939 that the Central Legislature had to come into the field and to abrogate the application of the Hindu Law to Muslims of North-West Frontier Province and to apply Shariat Law to them apart from North-West Frontier Province, up till 1937 in the rest of India, in various parts, such as the United Provinces, the Central Provinces and Bombay, the Muslims to a large extent were governed by the Hindu Law in the matter of succession … that in North-Malabar the Marumakkathayam law applied to all—not only to Hindus but also to Muslims.” [op. Cit]

Even in India, the Koranic laws of crime and evidence have been supplanted as early as the 19th century by enacting the Penal Code and the Evidence Act, e.g., by saving the Muslims from the following mediaeval atrocities which are still prevalent in Muslim countries like Pakistan and Bangladesh.

(a)Chopping off the hands of a criminal as a punishment for theft, or stoning to death as a punishment for adultery.

(b)Adultery and apostasy being punishable by death.

(c)Where the witnesses are women, their value as against the evidence of men is in the ratio of 2 : 1.

The entire law of criminal procedure has been replaced in India by statute.

The Indian laws of crimes and evidence make no distinction between Muslims and non-Muslims. The Judges in a Muslim dispute need not be Muslims.

to be continued...

( This account is maintained by Har Anand Publication)