AIMPLB reiterates that the Uniform Civil Code is unacceptable, no compromise with the Shariah laws
Pervez Bari | Clarion India
BENGALURU — The All India Muslim Personal Law Board (AIMPLB) has strongly opposed the Waqf (Amendment) Bill, calling it “undemocratic and unconstitutional”.
At its two-day 29th annual convention which ended here on Sunday, the Board discussed several issues including the Waqf Bill and the Uniform Civil Code (UCC).
Briefing newsmen on the deliberations, Dr Qasim Rasool Ilyas, national spokesperson and Maulana Shah Fazlurraheem Mujaddidi, general secretary of AIMPLB, asserted that the Board would exhaust all available and possible legal, constitutional and democratic means to pressurise the government to scrap the bill.
They said that the AIMPLB convention felt that Waqf Amendment Bill 2924 was cannily crafted to usurp the Waqf properties spread throughout the country. All the proposed 44 amendments and their sub-sections were designed to destroy and manipulate the status of the Waqf properties. Unfortunately, the Joint Parliamentary Committee (JPC), which was formed to seek suggestions from stakeholders, is giving time and attention to those with no locus standi on the issue and is behaving in a partisan manner and violating all democratic rules and norms, they said.
Dr Ilyas said that a delegation of AIMPLB had a meeting with the JPC and presented its objections to the bill. The delegation also submitted a detailed document based on its study of the bill. When JPC invited suggestions from the general public, the Board awakened the Muslim citizenry to play an active role and around 3.66 crore Muslims rejected the bill using the QR code. Apart from this other Muslim groups also submitted their opinions separately. Therefore almost 5 crore Muslims rejected the bill in totality.
He said that in a democracy like India, this is a substantial number; hence no sensible government should overlook this. The Board’s leadership met Opposition parties including NDA partners and requested them to reject the bill completely.
He reiterated the stand on misgivings about the special powers the Waqf Act enjoys. This is incorrect; all endowments of Hindus, Sikhs and other communities also enjoy similar powers, he added.
On the contentious issue of the Uniform Civil Code, the Board said the provision is unacceptable as it is against freedom of religion and cultural diversities enshrined in the Constitution under fundamental rights. The Board said Muslims will never compromise with Shariah Law (Muslim Personal Law). The Board said this interference is a well-thought-out conspiracy of the BJP governments that will have grave ramifications
The family laws of other communities are also based on their own religious and ancient traditions. Therefore, tampering with them and replacing them with secular ones amounts to a negation of freedom of religion and an imitation of the West.
The Board also proclaimed that the UCC was a threat to the fundamental rights enshrined in the Constitution vide Articles 25, 26, 29, 371A, 371E etc.
The Board pointed out that the UCC mentioned in the Directive Principles in Chapter IV of the Constitution is a mere direction and not mandatory nor can it be enforceable by the courts. Therefore, the Directive Principles cannot supersede the fundamental rights enshrined in the Constitution under Chapter III. The AIMPLB has decided to file a PIL petition challenging the Uttarakhand UCC in Nainital High Court.
Claims on Mosques
The Board said the Places of Worship Act, 1991 categorically states to retain the religious character of a place of worship as it existed on Independence Day, However, it has not dissuaded litigants from falsely claiming Gyanvapi Masjid in Varanasi, Shahi Idgah in Mathura, Bhojshala Kamal Mowla Masjid in MP, Teleywali Masjid in Lucknow and now Jama Masjid in Sambhal in Uttar Pradesh.
The Board said the Supreme Court in 2022 opened Pandora’s box by holding that this law did not restrict the ascertaining of the religious character of historical places of worship, thereby permitting the very mischief that the act intended to prevent.
Humanitarian Crisis in Palestine
The Board said it was shocking to see the genocide carried out in Gaza and Lebanon by an illegitimate country – Israel for more than a year resulting in the massacre of more than 45,000 people in Gaza alone, over two-thirds of them being women and children. “Almost the entire Gaza has been converted into debris and almost two million people have become refugees in their own country,” it said.
Unfortunately, India which endorsed Palestinian rights to live with dignity and self-respect and has also supported the two-state solution of the UN is doing only lip service, the Board said. “We demand Israel to immediately stop its inhuman, barbaric bombardment and genocide in Gaza,” it said.
Insulting Prophet Muhammad (pbuh)
The Board said it was unfortunate that insulting and derogatory statements against Prophet Muhammad (peace be upon him) were made and the culprits went scot-free, without any legal or administrative ramifications for their actions. “This defamation not only hurts Muslims around the globe but also reflects poorly on the image of our country,” the Board said.
“Prophet Muhammad (pbuh) is a very respectful personality. We demand that the government must take stern action against such miscreants and give them exemplary punishment. We also demand that the government must introduce anti-blasphemy legislation in the Parliament banning insult to all religious and sacred personalities irrespective of their religion,” the Board said.