TAASIR NEWS NETWORK- SYED M HASSAN -24 AUG
New Delhi, 24th August 2023
A delegation of All India Muslim Personal Law Board led by its President, Moulana Khalid Saifullah Rahmani, met the Law Commission yesterday and conveyed their stand on Uniform Civil Code.
After introducing his team Chairman of the Law Commission, Justice Ritu Raj Awasthi, said we have invited you to seek your opinion on UCC and on certain issues related to Muslim Personal Law. Moulana Khalid Saifullah Rahmani explained to the Commission why UCC is unacceptable to Muslims. He said Shariat Law (Muslim Personal Law) has two components, one is based on Quran and Sunna (Prophet’s words and actions) and the other is Ijtehad (Islamic scholars’ opinions). The first part is unalterable, even Muslim Ulemas (Scholars) cannot make any change in it. Ijtehad can differ with time and situations. Therefore, for us even a minute change in the basic format of Sharia will not be acceptable. Indian Constitution has made freedom of religion a fundamental right.
Delegation asked the commission whether they have undertaken any survey or have any data on the basis of which they are proposing UCC. The Commission was also asked why only Muslims have not been exempted from UCC when the government is ready to exclude tribals and Christians of North-eastern states from it. It means that only Muslims are the target of UCC. Similarly if anybody has a problem with religious personal law then he or she can solemnize their marriage under Special Marriage Registration Act, which is a secular law. For such marriages Indian Succession Act will be applicable. Then the delegation asked the Commission whether they had some specific issues related to Muslim Personal Laws, or if they had certain queries, which the delegation would be willing to explain through Islamic perspective. Mr Awasthi raised some specific questions like – Is there any specific age prescribed for marriage in Islam, what is the position of Personal law Board on Nikah-e-Halala and Muta Marriage and what do you say on gender justice.
President of the Board said there is no such specific age prescribed for marriage in Islam. If both husband and wife are in a position to fulfill the obligations of the marriage they can marry. Likewise on other issues also the Board explained the sharia position.
Other members also participated in the discussion. Apart from the President the delegation comprised Prof. Syed Ali Mohd Naqvi, Mr Syed Sadatullah Husaini (Ameer Jamaat e Islami), Vice Presidents, Moulana Mohammed Fazlur Rahim Mujaddidi, General Secretary, Senior Advocate Mr. Y. H. Muchala, Adv. M.R. Shamshad, Dr. Mufti Mohd. Mukarram Ahmad (Shahi Imam, Masjid Fatehpuri), Moulana Asghar Ali Imam Mehdi Salafi (Ameer, Markazi Jamiat Ahle Hadith Hind), Women Members, Professor Monisa Bushra Abidi (Working Committee Member), Adv. Ms Nabeela Jameel (Member) and Dr. S. Q. R. Ilyas, (Spokesperson and Working Committee Member).
Finally the Chairman, Justice Awasthi, assured the delegation that they are not going to suggest any substantial change which may alter the basic features of Sharia Law. Their role is just to make suggestions. It is on the Government to finalize the bill and put it in the Parliament for discussion and approval.
President of the AIMPLB thanked the Chairman and members for their invitation & for patiently listening.
Issued by
Dr. Mohd. Vaquar Uddin Latifi
Office Secretary