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Muslim Personal Law, a Gordian knot
The Muslim Personal Law (MPL) may be in for yet another delaying tactics round. Cabinet has not examined the 2000 interim report of Sir Hamid Moollan. Though the MSM-MMM alliance undertook in its electoral manifesto to reinstate MPL, the MSM partner seems dead against it.
The MPL aims at allowing Muslims to marry, divorce, etc. according to Islamic precepts. It has often been dusted off drawers before general elections and forgotten soon after. Promised to the Muslim community since 1965, the MPL is shrouded in mystery and confusing for the layman. By enacting this law, Parliament will merely set up an empty shell with a temporary code. Islamic lawyers will then have to draft a final one, which will say, inter alia, if polygamy will be banned or allowed, with certain restrictions as it varies in different Islamic countries.
Restrictive polygamy was recommended by a Pakistani Chief Justice whose expertise was sought by government in the 80s to help codify the MPL.
It all started 39 years ago at the London Constitutional Conference, which was to pave the way for independence. Sir Seewoosagur Ramgoolam?s Labour Party ally, the Comité d?Action Musulman (CAM) led by late Sir A. Razack Mohamed, obtained that the Constitution provide for time-off to Muslim civil servants for Friday prayer and the introduction of MPL.
Sir Seewoosagur was convinced that Muslim minority votes would be decisive for independence. However, the CAM leader was defeated by the PMSD candidate in the 1967 general elections. Sir Sewoosa-gur managed nevertheless to get a majority and independence.
The Labour Party then made an alliance with the PMSD and the next general elections due in 1972 were postponed. MPL was forgotten until 1981, just before the next elections. Sir Seewoosagur was in dire straits and he had the MPL enacted and promulgated in 1982. A few months later, he met a historic defeat, which had nothing to do with MPL.
Sir Anerood Jugnauth repealed MPL in 1987 on the ground of discrimation to Muslim women. He won the general elections the following year. MPL?s fate was thought to be sealed. Nevertheless, in 1995, when ex-Prime minister Navin Ramgoolam started campaigning with Paul Bérenger, the MPL was promised again.
The law was back on track towards the end of Ramgoo-lam?s mandate. The Moollan interim report was submitted to government in May 2000. He recommended that provisions of the law applied from 1982 until its repeal in 1987 be reintroduced. Navin Ramgoolam could go no further as he lost the 2000 general elections.
Two years before the next general elections are due, the interim report is back. If enacted, President Jugnauth would have to give his assent to a law he himself repealed.
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