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In the online meeting of the All India Muslim Personal Law Board, the need and relevance of the Uniform Civil Code was discussed on Wednesday. The Board said that Uniform Civil Code is neither necessary nor desired by the people. The members, after discussing the 100-page proposal of the Board prepared by the Legal Committee, submitted it to the Law Commission. In the resolution, the response and report of the 21st Law Commission, citing the existing civil laws, termed the Uniform Civil Code as harmful to people of all religions and unnecessary. Describing the Uniform Civil Code as an election issue, the board also talked about opposing it in a democratic way.
About 200 members from across the country participated in the online meeting convened under the chairmanship of All India Muslim Personal Law Board President Maulana Khalid Saifullah Rahmani and seriously considered the 100-page proposal prepared by the legal committee of the board. Board Chairman Maulana Khalid Saifullah Rahmani said that a Muslim who is bound to follow the rules of Shariat in matters of Namaz, Roza, Hajj and Zakat. Similarly, it is mandatory for every Muslim to follow the rules of Shariat in social matters like Nikah and Talaq, Khula, Iddat, Meeras, Virasat etc. Maulana said that personal law is a part of Shariat and identity of Muslims and he is not ready to give up his identity. He said that the proposed Uniform Civil Code framework before the government conflicts with Shariat’s family matters in many respects, therefore it is absolutely unacceptable for Muslims from a religious point of view. He said that Uniform Civil Code is also not in the interest of the country. He said that the Uniform Civil Code will be opposed in a democratic manner. All India Muslim Personal Law Board General Secretary Maulana Muhammad Fazal-ur-Rahim Mujaddidi, Dr. Qasim Rasool Ilyas, Maulana Khalid Rasheed Farangi Mahali, Maulana Bilal Abdul Hai Hasni Nadvi, Maulana Arshad Madani, Maulana Niyaz Farooqui, Kamal Farooqui, Maulana Umrain were present in the meeting. About 200 members from across the country participated including Mahfuz Rahmani.
Questions were also raised on the points of the Law Commission in the proposal.
Board spokesperson Dr Kasim Rasool Ilyas said that the response filed with the Law Commission on UCC covers preliminary issues, response and report of the 21st Law Commission, Uniform Civil Code, existing civil laws and findings. He said that the content of the suggestion sought by the Law Commission is vague and unusual. The conditions for inviting suggestions are missing. In this, response has been sought in yes or no. He said that we believe that this issue is also fodder for the consumption of complete politics and media-driven propaganda. He said that in the year 2018, the previous Law Commission had come to the conclusion that Uniform Civil Code is neither necessary nor desirable. Despite this, it is surprising to form a commission within such a short time and seek public opinion without making any blueprint.
Family law is not the same in any religion
Board spokesperson Dr. Kasim Rasool Ilyas said that it has been informed in the resolution that family law in India is not uniform. These are designed according to majoritarian ethics. Different laws are applicable regarding marriage, marriage and other personal laws. Even for those who follow Hindu religion, the Special Marriage Act, 1954, Hindu Succession Act, 1956, Section 3(b), (d), 7(3), Hindu Adoption and Maintenance Act, 1956 etc. There are different laws for customs.
UCC is full of complications
Board spokesperson said that the Board came to the conclusion that the Uniform Civil Code sounds simple but is full of complexities. These complexities were realized by the Constituent Assembly in 1949, when the Uniform Civil Code was debated. He said that it was relevant to recall Dr. Ambedkar’s clarification at the end of the debate that it was entirely possible that a future Parliament could make a provision that the Code would apply only to those who declare that they are prepared to be bound by it, so that the application of the Code at the initial stage may be purely voluntary. He said that the Constitution has entitled different communities to different rights to keep the whole country united. Different religions have been given different facilities. He raised the question that after the publication of the consultation report prepared by the 21st Law Commission, the government is completely silent on whether it has accepted it fully or partially. The government also did not say what steps it has taken to interpret the findings of the 21st Law Commission.
The law of Uniform Civil Code is in the interest of the country
On the other hand, Chairman of the Uttar Pradesh State Haj Committee, Mohsin Raza told the Uniform Civil Code Act in the interest of the country and the public. Raising questions on the opposition of the All India Muslim Personal Law Board to the Uniform Civil Code, he said that such organizations do not want any such law to be made which protects the rights of the Muslim community. He said that those opposing the Uniform Civil Code are facing the fear of closure of their shops.
