URDU 4 A COMPARATIVE STUDY OF MUSLIM FAMILY LAW AND WESTERN THOUGHT (IN THE LIGHT OF QUR'AN AND SUNNAH)

مسلم عائلی قوانین اور مغربی فکر کا تقابلی جائزہ(قرآن و سنت کی روشنی میں)

Abstract

The particular nature of partition of India left the different religious communities with strainedrelations.The bloody backdrop made an imperative on the newly independent nation to sort out the majority-minority relationships amidst communities. The nation started with a centralizing tendency. The two nation theory based on religious identities shaped the post-independence politics to a great extent. Minority communities were given social and cultural rights but nonpolitical rights. As a part of cultural rights, these communities were left on their own with regard to marriage, divorce, inheritance etc. The nascent nation faced the dilemma of balancing the rights of different groups. As a result mere equality before law was substantiated by the right of members of minority communities to have the liberty to lead a life in accordance with their cultural practices. Islam has been focusing on chastity of the society and for this it describes rules and manners to be followed. On the other hand, West particularly in its modern capitalistic perspective gives its followers to lead a hedonistic life having no clutch on individual desires. West uses feministic sound louder and louder to portray itself the champion of Women rights but it has been observed that West through this campaign also tries to get its objectives against Islam. In this paper an attempt has been taken to highlighting how the West influences Muslim personal law in the subcontinent. At the same time, in this paper, an effort has also been made to resolve some repeated objections regarding the status of Women eruditely.