Indian Case Law

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April 10, 2026

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April 10, 2026

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"But it would be a job done only in half if the ulema stopped at ‘defending’ the shariah. For as we have seen their power rests not only on the shariah, but on the shariah remaining ambiguous and uncodified. The sequel to their victory on the Shah Bano campaign illustrates how resourcefully the ulema guard this source of their power as well. Tahir Mahmood who was much involved in the negotiations over the bill to overturn the Shah Bano verdict, later reported: During the campaign for this Act leaders of the Muslim community had agreed to get prepared by experts a comprehensive draft-code of Muslim law for the country, to be submitted to Parliament for enactment. A committee of theologians and legal practitioners was appointed in 1987 for this purpose by the All India Muslim Personal Law Board. Until now the committee having its headquarters at Phulwari Sharief near Patna in Bihar could, however, do nothing more than producing a few booklets in Urdu detailing the principles of Hanafi law—ignoring the fact that what they have come out with is far from being a draft-Code and that in a country where followers of at least four different schools of Muslim law (Hanafi, Shafi’i, Ja’fari and Isma’ili) live, Hanafi law can never be accepted as the only legal code for the entire community. Theirs has been an exercise in futility—while in the absence of any Code worth the name, the courts and other interpreters and appliers of the law continue to rely on unauthentic, sometimes faulty, textbooks and recorded precedents..."

- Mohd. Ahmed Khan v. Shah Bano Begum

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