New Indian Politics And Increasing Legal Conservatism Among Indian Muslims
By
Grace Mubashir, New Age Islam
2 May 2022
Muslim
Personal Law And Special Powers For Minority Institutions Helped Integrate
Muslims In The Fledgling Nation
Main
Points:
1. Era of
Community-Led Internal Reforms
2. Rise of
Hindutva Politics and Increasing Legal Conservatism among Muslims
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Amid the
existential crises of Indian Muslims after Partition, the constitutional
assurances given to the collective identity was vital in ameliorating the fears
of the Muslim community. While individual freedoms are tenable while
interpreting the constitution, recognition of the collective identity of the
Muslim community by the way of State protection for colonial-era Muslim
Personal Law and special powers for minority institutions helped integrate
Muslims in the fledgling Nation.
When the
Nehru government feverously pushed the agenda of codification of Hindu Code,
Muslims were spared. Nehru was of the opinion that Muslims being an embittered
minority, the State shall not force changes in Personal Law and; instead
support all Community-led reform movements. His was a prudent political act to
forestall militant Community mobilization.
As pointed
out by Mohamed Qasim Zaman, Muslims in Indian subcontinent were aware of the
colonial nature of the Muslim Personal Law and an undercurrent of reform was
prevalent among the Faithful. It was Ashraf Ali Thanwi who fiercely endorsed
flexibility and contemporary changes in Muslim Personal Law to shake off
imperialist connotation of Muslim Laws. Scholars like Justice Ameer Ali, Asaf
A. Fayzee, and Muhammed Ismail Sahib were aware of the legal changes in
contemporary Muslim communities and the vested interests of Colonial powers in
feudalizing legal cannon of Islam. The Muslim Shariat Act of 1937 and Marriage
Dissolution Act of 1939 were in fact nascent steps towards gradual progression
towards modernization and codification of Muslim law in the Subcontinent.
According
to Zoya Hassan, the political insecurity after Partition led to an abrupt halt
to the codification of Muslim Law and, instead, the identity fears of the
Community manifested in their staunch support to Colonial era Personal Laws. It
was viewed as final concession to Indian Muslims hence to be safeguarded at any
cost. Modernization and codification was relegated to the backburner for the
protection of limited constitutional rights. Narendra Subramanian has
documented the role of Personal Laws in the formation of Muslim identity in
India.
Era of
Community-Led Internal Reforms
The relative
immunity from State intervention expedited internal reform in the community.
The jolt of reality in independent India accentuated the pace of internal
reforms. Staring at the bleak reality of Indian Muslims, community leaders,
cutting across various factions, supported internal reforms in varying degrees.
Women's education was promoted. Women's visibility in formal and informal
sectors was motivated. Hadees literature was studied to reform existing Muslim
canonical laws.
The general
reading of Indian Muslims as a monolithic community often glosses over the
vibrant diversity underlying the regional differences in Islam. In South Indian
Muslims, due to historical reasons, internal reforms were at meteoric rise
whereas the North Indian counterpart took a lackadaisical approach. While elite
upper caste Muslims sensed opportunity in the scarce crumbs the new republic
threw to them, other marginalized sections of the society soon appropriated
internal reform thanks to evolving situations.
Secular
education got wider acceptance among the community. Madrasas and maktabs,
established exclusively for religious education, showed promising interest in
integrating school education. Many states enacted laws with the consensus of
the community. The induced reforms with the blessings of community were making
substantial strides in reforming the community. And with Shah Bano all hell
broke loose.
The Shah
Bano issues of 1980s changed the course of Muslim reform movements. The
conservative and reactionary clergy tightened their grip on the community.
Progressive sections were relegated into irrelevance. Major concession by Rajiv
Gandhi government to the conservative section by overruling the then Supreme
Court verdict proved fatal for the progress of the community.
Rise of
Hindutva Politics and Increasing Legal Conservatism among Muslims
The failure
of Janata Government initially laid the foundation for Hindutva politics.
Later, Mandal politics inflamed religious passion and Kamandal politics
surrounding Babri Masjid only hastened the growth of right wing Hindutva
politics. They questioned the alleged minority appeasement politics. Major war
cry of BJP was to end state protection to Muslim Personal Law. According to
BJP, the existence of separate civil laws for Muslims is against the unity of
nation and demands the implementation of Uniform Civil Code.
Along with
recurring communal tensions, the waning political importance as a key vote bank
pushed the Community into defense. This had a debilitating impact on the
orientation of the Community. While political changes of Muslim community are
well-documented, the question of how it perpetuates legal conservatism needs
keen attention. Afraid of Hindutva attacks on Muslimness, a general trend of
dogmatic loyalty towards Muslim Personal Law could be seen.
After 2014,
when Modi captured Delhi for the first time in Indian electoral politics
without Muslim support, a sense of obscurantism has overwhelmed the community.
The Hindutva rhetoric denigrating the honorable partnership of Muslims with the
Republic has raised existential threats among the faithful. Citizenship
controversies further alienated the Muslims. Muslims generally are suspicious
of Hindutva's hidden agendas of undermining constitutional support in their
future nation with majoritarian zeal.
Even
Muslims are not averse to the idea of reforming the religious laws as happened
in many other Islamic countries. But the fear of Hindutva has practically
stalled community-led internal reforms. While BJP heralds Triple Talaq Bill as
a milestone in ensuring justice for Muslim women, the community was scornful of
the act while the practice is increasingly condemned by the faithful. Making a
civil act a criminal offense which invokes imprisonment, the community has serious
reservation about the ulterior motives of the BJP in forcing changes in Muslim
laws. Ghazala Wahab has discussed the dilemma among Muslims in supporting
reforms pushed by BJP.
Religious
identities are calling shots on reform these days instead of caste loyalties.
Muslim community should be encouraged to take internal reforms without State
compulsion. Civil society, religious role and educated sections have to play
bigger roles in reforming the Colonial era Muslim Personal Laws. But,
imposition of State-led top-down approach will hurt the pace of internal
reforms of Muslim community. Reforms should be the outcome of Community-led
process. The State shall merely aid the reform and every effort to shove down
changes ought to have adverse results.
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An occasional New Age Islam columnist, Grace
Mubashir is a journalism student at Indian Institute of Mass Communication,
Delhi
URL: https://newageislam.com/islamic-society/indian-politics-legal-conservatism-muslims/d/126918