Interplay B/W Criminal Statutory Laws And Islamic Personal Laws: A Holistic And Comparative Study

Chinmaya Kalyankar, D.Y Patil School of Law

ABSTRACT

This paper intends to analyze the interplay between Muslim personal law and criminal statutory laws in India. It critically examines highly controversial practices like polygamy and child marriage, which are permissible under Muslim personal law but criminalized in statutes like the Indian Penal Code and other Criminal Legislations. While personal laws are meant to apply only to respective religious communities, this paper aims to ascertain whether criminal statutory laws such as POCSO and IPC have universal application or does religious personal laws impose a fetter upon criminal statutory laws. The paper contemplates decisions of several judicial proceedings that have affirmed the overriding effect of criminal law over personal law, especially when the latter infringes fundamental rights. However, the Islamic personal law criticism for perpetuating practices detrimental to gender justice and human rights. The paper further dwells upon the international obligations of the Government of India by the way of Covenants, UN resolutions, and reports. The paper promotes and argues for reform in personal laws consistent with constitutional principles and values while retaining limited community autonomy.

Keywords: Islamic Personal Laws, Criminal Law, Constitution, International Conventions.