Preamble

Islam provides comprehensive guidance to its followers in every sphere of life, belief, prayers, social behaviour, civil conduct, personal and social relationship, family affairs and personal life. Islam has given a code to the Muslims in all these matters. It is for the reason that the source of those Laws which embrace the personal and family lives of the Muslims (commonly known as Personal Law) is neither the practice (Urf) and conventions, nor customs, compromises, human decisions, the experiences and advice of philosophers, intellectuals and moral preachers. Infact the fountainhead of the social order and Personal Law of Muslims is the Book (Quran) revealed by Allah and the Sunnah (of the Prophet) which explains and elucidates it and on the veracity and trustworthiness of which every Muslim has an unshakable faith. Thus, these Laws of Muslims are an integral and inseparable part of their religion which are based on the guidance given by the Prophet under divine inspiration. Therefore the issue of their Personal Law is not merely a cultural issue or an issue of customary practices for the Muslims rather it is an issue which concerns the safeguarding and conservation of their religion which burdens them with grave responsibilities and they are, as a result, very sensitive about it. Soon after India attained Independence, there began talks about amending and changing the Muslim personal Law and voices were raised in favour of abolition of Personal Laws and enforcement of The Uniform Civil Code. Sustained efforts were gradually made in this direction and the strategy to do away with the Muslim Personal Law through “indirect Iegislative measures” and so pave the way for the implementation of a Uniform Civil Code was adopted.