Muslim personal law is as per divine decree and nobody is authorised to change it: Jalaluddin Umari
The All India Muslim Personal Law Board (AIMPLB) on Tuesday claimed that the Law Commission in principle agrees that a uniform civil code (UCC) is not practicable in India given the country’s vast diversity and complexities.
The Law Commission has been examining the issue of implementing a common civil law for all communities in India and had invited the AIMPLB on Tuesday to discuss the Muslim personal law and the desired changes in it.
“First and foremost we made it clear that Muslim personal law is as per the divine decree and nobody is authorised to change it. The Commission was very receptive of our views and the meeting happened in a very cordial atmosphere,” said Maulana Syed Jalaluddin Umari, who led the AIMPLB delegation.
“The Law Commission Chairman admitted that a uniform civil code is not a practical idea for India and that the government should not even think of implementing it for at least 10 years. We told him that not just 10 years, the idea should be dropped for good,” Mr Umari said.
Syed Qasim Rasool Ilyas, a member of the delegation, said the Commission discussed as to what good things from the Muslim personal law can be made part of the Hindu civil code and vice versa.
“We are clear that we cannot tweak our personal law at will. It is based on Quranic injunctions and the Hadith,” he said.
Advocate Niaz Farooqi said that when the delegation requested the Commission that before making any law about Muslims, it should at least consult the community, they were shocked to hear the reply.
“The Chairman said that the government was not even consulting the Law Commission on such matters, let alone others. This clearly shows that the Narendra Modi government is more interested in doing politics on Muslim issues than actual reform,” Mr Farooqi said.
AIMPLB spokesman Kamal Farooqui said: “Today we have submitted a detailed note on the questions raised by the Law Commission. The issues pertained to inheritance, adoption, custody of children, making a will, difference in interpretation of Islamic laws among various sects and model nikahnama.”
In response to a question, Mr Farooqi said that nikah halala had no backing in the Shariah.
“I can tell you with full authority that there is no concept of nikah halala in the Shariah. The debate around it is more a media creation,” Mr Farooqui said.