Introduction
Since independence, there has been a spur in debates around the replacement of personal laws with a Uniform Civil Code and to reform Muslim Personal Law. The issue of Muslim Personal Law reform is a raging one nowadays, so much so that everyone, whether he has necessary exposure to Islam and Islamic Law or not, has an opinion on it, howsoever naive that person may be.
These reforms are justified by giving reasons that Muslim Law is not fair towards Muslim women on the ground of human rights, and it is discriminatory. It is further claimed that the Muslim Personal Law has no scope for change as it is rigid, so the legislature and judiciary should change it arbitrarily without consulting even a law person of the field and without obtaining any consensus in society in this matter. Recently the judiciary and the legislature have started an initiative in this direction without understanding the real problem and its roots in the Indian Muslim society.1 Therefore the initiative may face challenges in its implementation. Those who are in favour of reform are not even bothered whether such reforms would ameliorate the position of Muslim women or cause more problems for them. However, some scholars and judges have been trying to understand the position of Muslim women and their rights vis-a-vis the original sources of Islamic Law and the prevalent Indian position from the socio-legal point of view. They also try to take into account the pulse of society where these reformative measures are to be implemented.In this chapter, an effort has been made to discuss major controversial issues pertaining to Muslim Personal Law, such as, bigamy, polygamy, triple talaq, etc., which are often targeted in the name of violation of human rights of Muslim women. I therefore would like to suggest the techniques which can be used to bring Muslim Personal Law reform so that it can be in agreement with human rights perspectives also.
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