BOOK REVIEW

Introduction to Muslim Law by Tahir Mahmood & Saif Mahmood

Second Edition 2018.
Universal Law Publishing.
ISBN: 978-81-3125-380-9
The writer, Prof. Tahir Mahmood is perhaps right while writing the preface
to the first edition where he said,

“Muslims sometimes awfully misuse their personal law,

more in sheer ignorance than deliberately for selfish ends,
Non Muslims often terribly misunderstand its precepts. The
former are unaware, the latter misinformed. Both have to be
properly educated. This is indeed an important need of the
hour.”

With above objective authors Prof. Tahir Mahmood & Saif Mahmood have
written a beautiful book on the Muslim Law.
The book is broadly divided into two parts, having ten chapters consisting
of total 244 pages. Authors have started with a beautiful and precise
introduction to Islam and Muslim Law in general. They have inter alia
talked about Sources of Muslim Law very briefly. Authors have also talked
about Century of Reforms from 1915-2015 in countries like Pakistan,
Turkey, Egypt, West Africa, and South Asia etc., regarding marriage age,
polygamy, divorce and women‟s post-divorce rights.
Second part of introduction deals, again succinctly, Islam and Muslim Law
in India. This part deals with Schools of law and sects. Authors have again
recommended codification of the uncodified Muslim law. They say “any
attempt to reform or codify Muslim law is always met with stiff resistance by
the religious leaders and their blind followers who are predominant in the
society”.
Concluding introduction on a very clear note, authors say “what independent
India inherited from its colonial past in the name of “Mohammadan law” or
“Anglo-Mohammadan law” was generally a distorted version of the original
Muslim law”. Authors believe role of the judiciary is imperative in properly
interpreting and restoring the original, unadultered Muslim law in this
country.
First chapter deals with status and scope and extent of Muslim Law. It
inter alia deals with the genesis of Muslim Personal Law (Shariat)
Application Act, 1937. Authors start with how „Customs‟ would override the
actual Muslim law and how it lead these customs ran roughshod over the
rights of women. After a great discussion about application of Shariat Act
few pages are reserved for subject of Muslim Law. Whether Muslim Law is
only for born Muslims or it also have applicability upon converts and
apostates? Few pages are devoted to explain who is a Muslims and entire
discussion centered about Muslim by religious beliefs and practices and
Muslim by Indian Rulings. Due to problems in the Act of 1937, Muslim
community was not satisfied by the Jinnah Amendment, this led to many
changes in the original Act.

Muslim for a long time remains as Muslim but on the demise of

Prophet in 632 AD, on the question of successor of prophet Islam has
divided into Ahl-e-Sunnat and the Ahl-e-Tashi i.e., sunnis and shias. Chapter
third is a chapter which gives a detail picture of sects and schools of Law. A
great detail is given under the chapter covering schools, their legal
recognition, and some specific law for some sections. Not only this, but
author has also raised a question by saying that, all the personal laws of
India other than the Muslim Law are now almost wholly codified but rightly
comes to the conclusion that, “the meaningless talk for a uniform civil code
will however, have to be abandoned.”
Chapter II of the book deals with Marriage and Divorce registration. Authors
have coherently dealt with Qazi, his role and legal provisions of Central
Kazis Act of 1880. The registration of marriages for Muslims still remains
non-compulsory. The authors have made it abundantly clear that the law on
Muslim marriage registration would not have the effect of converting into a
civil marriage and no longer governed by the personal law. Authors have
vouched for the law on compulsory registration of Muslim marriage.
Divorce through court at wife‟s instance is dealt under Chapter III. Authors
have briefly discussed what was called Kazmi Bill which eventually was
passed under the title Dissolution of Muslim Marriages Act 1939. The
authors have voiced for the need of amendment in the almost 80 year old
Act. They believe the grounds of divorce are to be approximated as for as
possible, to those under the under matrimonial statutes of India. Grounds
like Option of Puberty, Polygamy need refinements.
Chapter IV deals with married women‟s rights on divorce. Appreciating the
ratio decidendi of Shah Bano, the authors have made a fine note regarding
the implications it had on Muslim society. A great controversy followed.
The court was bitterly criticized by Muslim Theologians for trying to
reinterpret the soul of Islamic scripture-an exercise which they always kept
beyond even their own religious authority. It ultimately led the passing of
Act of 1986 which untitled divorced women for maintenance till the Iddat
period only. The same law was challenged in the Supreme Court and the
court upheld its constitutional validity.
Chapter V deals with marriage and marital rights. After briefly discussing
the history and various types of marriage in Islam the authors had expressed
an opinion that it is a great folly to see marriage in Islam as a merely
contract. They believe those who do so confuse substantial aspects of the
institution with the fall of marriage under Muslim Law, which involves no
essential rites, and the contractual freedom it offers the parties to an intended
marriage beyond the legally prescribed essentials.

Divorce and Post-Divorce rights are discussed next chapter. Starting with a
very sad note authors have made it abundantly clear how divorce has been
misused and abused through distortion and wrongful interpretations. Authors
believe, and rightly so, that Muslim law in fact stands for what is now
known as modern breakdown theory of divorce. Tracing down the history of
Triple talaq in Islam, authors have made a point that the earlier rulings like
Shamim Ara v. State of UP, Syed Maqsood v. State of UP, and Masroor
Ahmad v. State had already made this form of talaq as null and void.
Authors have vouched for more reforms in this regard on the lines of
countries like Algeria Iran, Egypt, Jordan, Kuwait etc.
Chapter VII deals with adoption and custody. . It covers the law regarding
(a) Concept of child including natural and adopted children,
adoption by custom etc.,
(b) Parentage and legitimacy including mother child relation, father
child relation, acknowledgement of Paternity, legitimacy and law
under Evidence Act.
 (c) Minority and Guardianship including majority and Indian
legislation, Legislation of guardian, various facets of guardianship,
custody and guardianship of person and property.
(d) Maintenance of children under Muslim law and under Cr.P.C. and
lastly,
(e) Parent‟s maintenances under law of Muslim and Cr.P.C.
Chapter VIII deals with Property and Alienation. Islam gives its followers a
modern law of property. Muslim law recognizes and provides detailed rules
for various forms of disposition of property by its owner including
testamentary and intervivos. This chapter deals exactly with disposition of
property covering general principles, forms of disposition, impact of Indian
law, legislation on transfer of property in general. Chapter also covers
various aspect of Hiba (Gift) including concept, capacity to make Hiba,
capacity to receive Hiba, object of Hiba, form of Hiba, delivery of
possession, principles of musha, revocation of gifts, gifts other than Hiba
and kinds of Hiba. Chapter also devoted few pages on pre-emption rights.

Chapter IX deals with Intestate Succession. It lays down the various

principles of inheritance and Succession of Muslims. This chapter is
centered around the law relating to inheritance covering general rules under
Hanafi law, Ithna Asharia law and a comparative view of both.
Chapter X deals with an important social, legal and economic institution
recognized and regulated in India by the Muslim law is waqf. This chapter is
further divided into nature, characteristics, creation, subject, capacity to
create waqf, rights, objects and purpose of waqf including some details for
specific waqfs.
Appendix of the book has very important and critical notes on authors‟
views about triple talaq in detail.

The persons who are of academic taste for them the book is of great use.
Since author himself is an authority on Muslim Law, naturally the book is
also a great contribution in the field of Muslim Law. It is a book unique in
itself. It will serve a great help to understand the Muslim law to all and
sundry. The beauty of the book is that it is small but full with all
information.

Tasaduq Suhail Sheikh