Shah-Bano-eng

Shah Bano, MW Act, and Mataa
stated in Hedaya and by Baillie and quoted above by us on the
reasoning that their Lordships “do not care to speculate on the mode
in which the text quoted from the Koran, which is to be found in Sura
II, verse 240, is to be reconciled with the law as laid down in the
Hedaya and by the author of the passage quoted from Baillie’s
Imameea. But it would be wrong for the Court on a point of this kind
to attempt to put their own construction on the Koran in opposition
to the express ruling of commentators of such great antiquity and
high authority.”
14. This dictum of the Privy Council quoted above pronounced
about one hundred years ago in 1897 AD cannot be followed on three
grounds.
15. Firstly, the learned Judges in the Privy Council were non-
Muslims and they were anxious to decide such issues in accordance
with the laws as propounded by the Muslim jurists rather than
independently, disregarding the Muslim jurists.
16. Secondly, Article 8(1A) of the Constitution of Bangladesh,
contained in Part II under the heading “Fundamental Principles of
State Policy”, states that absolute trust and faith in the Almighty Allah
shall be basis of all actions. It indicates that Quranic injunctions shall
have to be followed strictly and without any deviation.
17. Thirdly, Quran urges:
Those to whom we have sent the Book study it as it should be studied;
they are the ones that believe therein. (Second Sura Baqara, verse 121.)
This verse directs continuous study of the Quran which is in
conformity with the dynamic, progressive and universal character of
Islam.
18. We now like to quote an observation from a decision of the
Lahore High Court reported in PLD 1960 Lahore 1142 (Mst. Rashida
Begum v. Shahan Din & others) in support of our above views as
hereunder:
22
Thus it is quite clear that reading and under-standing the Quran is not the
privilege or the right of one individual or two. It is revealed in easy and
understandable language so that all Muslims if they try may be able to
understand and act upon it. It is thus a privilege granted to every Muslim
which cannot be taken away from him by anybody, however highly
placed or learned he may be, to read and interpret the Quran. In
understanding the Quran one can derive valuable assistance from the
commentaries written by different learned people of yore, but then that
is all. Those commentaries cannot be said to be the last word on the
subject. Reading and understanding the Quran implies the interpretation
of it and the interpretation in its turn includes the application of it which