Uniform Civil Code Unacceptable, Jamiat Ulama-i-Hind Writes to Law Commission


The government should consult leaders of all religions and representatives of social and tribal groups and take them into confidence, says Maulana Arshad Madani.

Team Clarion

NEW DELHI — Starting the debate on Uniform Civil Code again is a political conspiracy, Jamiat Ulama-i-Hind has said reiterating its stand that there won’t be any compromise with religious affairs and method of worship in any way.

In its missive submitted before the Law Commission on Thursday, the Jamiat said it will take all possible measures to protect the religious rights of the Muslims within the scope of the law.

The Jamiat maintained that the issue not only affects Muslims all Indians are involved in it. “It has been our position since the beginning that we have been practicing our religion freely in this country for 1300 years. Governments came and went, but the Indians lived and died on their religion. Therefore, we will not compromise on our religious affairs and method of worship in any way, and we will take all possible measures to protect our religious rights within the scope of the law,” the letter said.

Insistence on a Uniform Civil Code is in conflict with the basic rights given in the Constitution, it said. “The question is not about the personal law of Muslims, but about keeping the country’s secular constitution as it is. Our personal law is based on the Qur’an and Sunnah which cannot be amended until the Day of Resurrection,” it said.

The Jamiat said by saying that was not about anything unconstitutional. “Article 25 of our Constitution has given us the freedom to do so. Uniform Civil Code is unacceptable to Muslims, and it is harmful to the unity and integrity of the country.”

It said Uniform Civil Code has been a controversial issue since the beginning. “Our country has been a manifestation of unity in diversity for centuries, in which people of different religious and social classes and tribes have been living in peace and unity by following the teachings of their (respective) religions. All of them have been enjoying religious freedom, and despite non-uniformity on many things, no differences ever occurred between them, nor did any of them ever object to the religious beliefs and customs of others. This characteristic of Indian society makes it different from all the countries of the world,” the letter said. 

This non-uniformity, it said, has existed in India for centuries. “What is the justification for the implementation of a Uniform Civil Code? When the civil law is not the same throughout the country, why insist on applying one family law throughout the country,” it asked.

The Jamiat asked the ruling dispensation not to impose its decision on the citizens. Before taking any decision, an effort should be made to create a consensus, so that the decision is acceptable to all, it said. “The government should consult with the leaders of all religions and representatives of social and tribal groups in the country, and they should be taken into confidence. This is the very demand of democracy,” it said. 

The Jamiat said the party opposes the Uniform Civil Code as it is totally against the religious freedom and fundamental rights given to the citizens in Articles 25, 26 of the Constitution. 

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