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Published in the 16-31 Aug 2004 print edition of MG; send me the print edition

Countering Fyzee’s solution

Fyzee pointed out that Muslim Personal Law, known earlier as Anglo-Mohammedan law, was itself a product of the inter-action between Islamic jurisprudence and the British colonial legal system, and was, therefore, not equivalent to the shari'ah. In preparing the principles of Anglo-Mohammedan law, colonial jurists drew heavily on British notions of justice, thus modifying traditional jurisprudence in several respects."

Muslims were forced to agree to Anglo-Mohammedan Law, as the country was under foreign colonial rule. India is free now and Muslims have constitutional right of freely following their religion and sharia, part and parcel of their religion. The two eras cannot be treated as equal. Fyzee's solution of a smorsgbord of laws, to be forced on free Indian citizen, is irrelevant and unconstitutional.

Ghulam Muhammed, Mumbai

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