The Law Commission Chairman admitted that a Uniform Civil Code is not possible in India, considering the complexity and diversity and the government should not even think of implementing it for at least 10 years. We told him that it should not be put on hold for just 10 years, but forever,” said Syed Jalaluddin Umari, Vice President of AIMPLB during the press conference called after the delegation met Justice B.S Chauhan (Retd.) Chairman of the Law Commission on July 31.
The AIMPLB Vice President also informed that the chairman gave a very patient hearing and the meeting was held in a very cordial atmosphere. He asked the media to put questions related to personal laws before the experts and religious scholars and not before anybody else who is not well versed in the subject in order to get the right perspective.
“On the one hand, it is said that the Constitution has given us the right to religious freedom and the right to practise personal laws while on the other questions are being raised against our personal laws. Muslims have always followed their personal laws for more than 1400 years under every circumstance,” said Maulana Syed Jalaluddin Umari, who led the AIMPLB delegation.
Dr. SQR Ilyas, member of the AIMPLB, briefed the media persons that there was a suggestion from the Commission to explore the possibility of incorporating good things from Muslim personal laws to the Hindu Personal Laws and the same from Hindu Personal Laws to Muslim Personal laws which was not acceptable to us for the simple reason that Muslim Personal Laws are Divine laws and it cannot be changed. He also informed that during the meet various issues were discussed related to personal laws like adoption, women’s property rights and model Nikahnama.
“Today the Board has submitted a detailed note on the questions raised by the Law Commission. In the previous meeting the chairman of the Commission indicated that working on Uniform Civil Code is not appropriate at this point of time. However, he indicated that, soon, there would be a step forward for making proposal to reform civil laws in the background of religious principles taken from different religions which Law Commission considers good and appropriate. He also cited certain examples from different personal laws and traditions,” the statement issued to the press said.
“The delegation also stated that the way of life of other religious groups in India, their cultures and customs, are not based upon their religious text. On the other hand, Muslims have the basis of their personal relationship, traditions and cultures, in Qur’anic injunctions (rules) and further the way shown by the Prophet (peace and blessings of Allah be to him). Qur’anic rules, as well as other rules flowing from the Qur’an, have their own authority and have been followed for more than 1400 years,” the letter argues.
The delegation also submitted a letter by Muhammad Wali Rahmani, General Secretary of the AIMPLB to the Law Commission to clarify their stand on the issue related to personal laws as enquired by the Commission. The delegation had earlier met the Commission on May 21 and the meeting on July 31 was a follow-up of the last meeting with the AIMPLB members.
Supreme Court lawyer Niyaz Farooqui said that when we requested the Law Commission that the community should be consulted while making laws for Muslims while referring to Triple Talaq Bill, the chairman replied that the government was not even consulting the Law Commission, forget about the others.
AIMPLB spokesman, Kamal Farooqui, in reply to a question, said, “I can tell you with full authority that there is no concept of nikah halala in the Shari’ah. The controversy is a media creation and false impression is being created that Muslims day in and day out are indulged in giving Triple Talaq and doing Halala.”