Fardunji Mulla’s ‘Muhammadan Law’ replete with errors, says Prof Muhsin Osmani

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Muslims are demanding that their personal law should not be changed but it is an irony of circumstances that Fardunji Mulla’s Muhammadan Law, a book on Muslim Personal Law which is used by all courts to settle personal disputes has many errors and does not represent the correct principles laid down by the Holy Qur’an and Hadiths. This was pointed out by Prof Muhsin Osmani while addressing a meeting organized by Sada-e-Haq Shari Council on December 23. He said Muslim Personal Law was framed during the British regime and it was codified first in the book of Fardonji Mulla, who was the government attorney at that time. Then Tayabji and Amir Ali also wrote their books on Muslim Personal Law. He said Maulana Mododi and other Muslim religious leaders pointed out the flaws in the Fardunji’s book but many other religious leaders did not pay their attention and the book is a legal reference now.

He expressed anguish that the government of India was now trying to interfere into the Muslim Personal law and these attempts on the pretext to protect the rights of Muslim women should be opposed tooth and nail. He said the Muslims had lost their dignity because their character is not based on the principles of Islam. He lauded the services of Madrasas who taught Holy Qur’an and Hadith but the scholars from these Islamic institutions are unable to convince non-Muslims about the merits of Islam. It is the need of the hour to impress and influence non-Muslims which is the majority in the country by following the principles of Islam in our life. He said Muslims should follow their Muslaks (the interpretation of the Holy Qur’an and Hadith) but the differences should not become the matter of dispute or clash.

Aleem Khan Falki said that Muslims should not approach the court to settle their person law disputes but resort to Shari Councils. He said the central government is bent on interfering in Muslim Personal Law on the pretext of gender equality and this is a warning for the Muslim community.

Mohammad Moinuddin of Sada-e-Haq Shari Council said the British rulers abolished the Qazi system in India and it was a conspiracy that Muslims could not follow Shariah in their personal matters. Then the Muslim Personal Law was framed in 1937 which was codified by a Parsi legal authority Fardunji Mulla who committed errors. Even this law today is being changed by the government of the day. He said the right of Qula given to Muslim wives was not interpreted correctly by many religious leaders. To avoid the legal obligations being imposed by the government interfering in Muslim Personal Law, the community should take recourse to  Shari Councils and find solutions to their disputes as per the Holy Qur’an and Hadith.

Maulana Nazir and Hafiz Rafiq Ahemd also spoke. Mohammad Rafiuddin conducted the proceedings while Qirait of Holy Qur’an was rendered by Abdullah Bin Masood.

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