ABSTRACT
Personal law discussions anywhere are too simplistic and reductionist if only focused on ‘law and religion’ while identifying theocracy as a major risk in modern global debates about good governance. In today’s globalised world, Muslims live in diverse ways all over the globe. India’s ‘problems’ with Muslim law, while unique to India, illustrate very well the tensions between four competing different types of law that must be balanced everywhere, all the time. Our discussion presents such debates in a cross-national context. We introduce the kite methodology of comparative law to include not only state law and modern human rights concerns, but also socio-economic considerations and ‘traditional’ ethical and religious elements as competing forms of ‘natural law’. The huge Muslim presence in India, and specific historical factors, have generated highly politicised discourses about Muslim Personal Law in India, illustrated in some key cases. For India, these case studies identify that neither is a Uniform Civil Code an adequate approach, nor is banning or criminalisation of certain aspects of Muslim law and practice a viable method. A skilfully balanced, constitutionally sound approach needs to maintain freedom of religion, while reminding India’s Muslim citizens that they are part of this composite whole with its unique laws. While most Indian Muslims seem to understand this, many scholarly and other interventions fail the kite test of plurality consciousness. This involves the balancing of competing forms of respect for the basic human need, everywhere and in all communities, to feel connected to certain significant ‘others’ in responsible modes of interaction.
