UNIFORM CIVIL CODE A CRITICAL STUDY

Description

A comprehensive theory or a framework needs to be developed by Muslim scholars, jurists, and judges. This theory must answer and accommodate all the questions listed above. Needless to say, such a theory does not exist today, nor have attempts been made to formo late one. To develop the theory, Muslims occupied with the study of Islamic law must first understand and analyze the work of earlier Muslim jurists, and then attempt to relate their analysis to the cir cumstances obtaining today. Such works ahould not be undertaken in isolation, and these scholars must discuss and debate the important issues. It is to be acknowledged that some scholars have undertaken comparative studies of Islamic legal theory, where similarities with Western law have been indicated, yet, a broader theory that encom passes the whole gamut of interpretation in the light of modern needs cannot be derived from such works.