All India Personal Law Board does not accept secular civil code
New Delhi : The All India Muslim Personal Law Board (AIMPLB) has said that Uniform or Secular Civil Code (UCC) is not acceptable to Muslims as they will never compromise on Sharia Law (Muslim Personal Law). “The All India Muslim Personal Law Board finds the Prime Minister’s call on the occasion of Independence Day for a Secular Civil Code and terming personal laws as communal as highly objectionable,” said an All India Muslim Personal Law Board press release. The Board has stated in clear terms that this is unacceptable to Muslims as they will never compromise on Sharia Law (Muslim Personal Law).
Secular civil code is a well thought out conspiracy
All India Muslim Personal Law Board spokesperson Dr. SQR Ilyas in a press release expressed surprise at the Prime Minister’s announcement of communalizing personal laws based on religion and replacing them with a secular civil code. He called it a well-planned conspiracy and said that it will have serious consequences. The Board considered it important to mention that the Muslims of India have made it clear many times that their family laws are based on Sharia, from which no Muslim can deviate at any cost. The country’s legislature itself has approved the Sharia Application Act, 1937 and the Constitution of India has declared the right to believe, propagate and follow religion as a fundamental right under Article 25.
cannot violate fundamental rights
According to the release, “He said that the family laws of other communities are also based on their own religious and ancient traditions. Therefore, tampering with them and trying to make secular laws for all is basically a denial of religion and imitation of the West.” He further said that such autocratic powers should not be exercised by the elected representatives of the country. According to the release, “He reminded that the Uniform Civil Code mentioned in the Directive Principles under Chapter IV of the Constitution is only a directive and all the directives in this chapter are neither mandatory nor can be enforced by the court. These Directive Principles cannot encroach upon the Fundamental Rights enshrined under Chapter III of the Constitution.”
attempting to mislead
He affirmed that our Constitution envisages a federal political structure and a pluralistic society where religious denominations and cultural units have the right to practice their religion and preserve their culture. “Board spokesperson Dr Ilyas strongly criticised the Prime Minister’s use of the term Secular Civil Code instead of the constitutional term Uniform Civil Code, which is deliberate and misleading,” the release said. He said the Prime Minister was deliberately misleading the nation and added that uniform meant that it would apply to the entire country and to all religious and non-religious people. Obviously, there would be no scope for exclusion of any class or caste, even tribals.
Mention of the comment of the Law Commission
He questioned the intent of the Prime Minister, who is targeting only Sharia law, as he does not want to invite the displeasure of other groups. “He pointed out that by terming personal laws based on religions as communal, the Prime Minister has not only copied the West but also insulted the majority of the religious followers of the country. And this is not good for the religious groups,” the release said. He said the board also wants to make it clear that for those who want to live their family life free from any religious restrictions, there already exists the Special Marriage Act 1954 and the Indian Succession Act 1925. He said any attempt to bring in a secular code by replacing the Shariat Application Act and Hindu laws would be reprehensible and unacceptable. Dr Ilyas said the government should uphold the remarks made by the chairman of the Law Commission appointed by the BJP government, who had clearly stated in 2018 that, “Uniform Civil Code is neither necessary nor desirable”.
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