Team Clarion
NEW DELHI – A delegation from the All India Muslim Personal Law Board, headed by President Moulana Khalid Saifullah Rahmani, held a crucial meeting with the Law Commission on Wednesday, to convey their firm stance against the proposed Uniform Civil Code (UCC).
During the meeting, the delegation was introduced to Chairman of the Law Commission, Justice Ritu Raj Awasthi, who explained that their opinion was being sought regarding the UCC and certain aspects of Muslim Personal Law. Moulana Khalid Saifullah Rahmani presented the reasons why the UCC is deemed unacceptable by the Muslim community. He highlighted that Shariat Law, which encompasses the principles of Muslim Personal Law, is rooted in the Quran, Sunna (Prophet’s teachings), and Ijtehad (scholarly interpretations). While Ijtehad is adaptable to changing circumstances, the fundamental principles based on the Quran and Sunna remain unalterable. Moulana Rahmani emphasized that even minute changes to the foundational tenets of Sharia would be deemed unacceptable.
The delegation raised pertinent questions about the basis for proposing the UCC and whether any surveys or data were used in its formulation. They questioned the rationale behind not exempting Muslims from the UCC when the government was willing to exclude tribal and Christian communities of North-eastern states. The delegation expressed concerns that the UCC appeared to specifically target Muslims. They also suggested that individuals with reservations about religious personal law could choose to register their marriage under the Special Marriage Registration Act, which is a secular law. The delegation was keen to explain the Islamic perspective on any queries the Commission might have related to Muslim Personal Laws.
Justice Awasthi raised specific questions regarding the age of marriage in Islam, the stance of the Personal Law Board on issues like Nikah-e-Halala and Muta Marriage, and their perspective on gender justice.
Moulana Rahmani clarified that Islam does not prescribe a specific age for marriage. According to Islamic principles, marriage can occur as long as both spouses are capable of fulfilling marital obligations. The delegation provided clear explanations on other issues as well, reiterating the Sharia position.
The delegation included prominent members such as Prof. Syed Mohd Naqvi, Mr. Syed Sadatullah Husaini (Ameer Jamaat e Islami), Vice President Moulana Fazlur Raheem Mujaddidi, General Secretary Senior Advocate Mr. Y. H. Muchala, Adv. M.R. Shamshad, Moulana Mufti Mukarram Ahmad (Shahi Imam, Masjid Fatehpuri), Moulana Asghar Imam Mehdi Salfi (President, Markazi Jamiat Ahle Hadith), Women Members Professor Monisa Bushra Abidi (Working Committee Member), Adv. Ms. Nabeela Jameel, and Dr. S. Q. R. Ilyas (Spokesperson and Working Committee Member).
Chairman Justice Awasthi assured the delegation that the Commission would not propose any significant changes that would alter the fundamental features of Sharia Law. He clarified that the Commission’s role was limited to providing suggestions, while the finalization of the bill and its presentation to Parliament for discussion and approval rested with the Government.
President of the AIMPLB expressed gratitude to the Chairman and Commission members for extending the invitation and patiently hearing their concerns.
This meeting underscores the ongoing discussions and considerations surrounding the Uniform Civil Code, as various stakeholders express their opinions and concerns regarding its potential implications on religious and personal laws in India.
