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Law Commission and polygamy

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    The view expressed by the Law Commission in its unanimous 227th report presented to the government that “traditional understanding of Muslim law on polygamy is gravely faulty and conflicts with true Islamic law in letter and spirit,” has attracted the ire of the ulema and editors of Urdu newspapers alike. Many eminent religious scholars have described the report as “mischievous” and “condemnable”, and have asked for its withdrawal. In a statement to Delhi-based Hindustan Express (August 10), Vice President of All-India Muslim Personal Law Board, Maulana Mohammad Saalim Qasmi, says that “the issue of Muslim Personal Law is not under the area of control of the Law Commission and members of this Commission have no right to express any view regarding any law of Islam. This report of the Law Commission is extremely mischievous. We reject it totally and very soon a protest will be lodged with the authorities of the Law Ministry .”

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    Many others have, in their statements, argued that “polygamy is an established reality through Quran and traditions of the prophet. And what has been permitted (in Islam) and practised for the last 1400 years, is not going to be prohibited by any statement of the Law Commission.”

    The same paper, in its editorial entitled “‘New Islam’ of Law Commission,” (August 8) writes: “The only sources of Islamic teachings are Quran and Hadees (traditions of Prophet Mohammad) without which the very concept of Islam is impossible, and when elaboration and explanation with regard to polygamy has been given in Quran and the life of the prophet is an ideal for Muslims to emulate, the question naturally arises as to what spirit of Islam the experts of Law Commission are talking about?”

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