Islamic scholars should evolve new legal principles: Justice Akbar Ali

Chennai: Pointing out that the concept of triple talaq in one sitting was rejected in 2002 by the Supreme Court in the Shamim Ara case, Justice Akbar Ali, retired High Court judge, wanted Islamic scholars to evolve new legal principles on the basis of ijtihad (independent reasoning) to meet the challenges of changing social conditions.

He was speaking at a national seminar on “Muslim Personal Law in the present context” at the JBAS College for Women held under the aegis of the Southern India Education Trust, the Islamic Forum for the Promotion of Moderate Thought and Majlis Legal Centre for Women & Children, Mumbai.

Prof. Faizan Mustafa, Vice-Chancellor, NALSAR University of Law, Hyderabad, said since Quran is a source of law but not the law itself, it offers the possibility of liberal interpretations by the Ulama, thereby providing scope for reform.

Gopalkrishna Gandhi, former West Bengal Governor, said that the surge in the Hindu right’s compassion for Muslim women would sound less unconvincing if it is accompanied by simultaneous concern for gender rights in India across religions. Those who question Muslim practices should have moral authority and those who want justice must come with clean hands, he said.

Muslim religious organisations should not use the Law Commission’s questionnaire on uniform civil code as a pretext to avoid a discussion on practices that have no sanction in the Quran, said A. Faizur Rahman, secretary general of the Islamic forum.

Magsaysay award winner and Carnatic vocalist T.M. Krishna claimed reforms could not be forcibly imposed on any community and contented that “uniformity cannot achieve equality.” Flavia Agnes, director of Majlis—a legal centre for women and children, N. Ram, Chairman of Kasturi and Sons Ltd, Moosa Raza, Chairman of SIET, Prince of Arcot, Nawab Mohammed Abdul Ali, Dr Parveen Sultana of JBAS college and Tamil writer, Salma spoke.