New Delhi, Oct 14 (DHNS): The All Indian Muslim Personal Law Board and other Muslim religious bodies on Thursday boycotted the exercise of the Law Commission seeking public opinion on the Uniform Civil Code, following the Union government's opposition to the triple talaq issue.
Addressing a joint press conference here, they accused the Law Commission of acting on behalf of the Narendra Modi government to pave the way for imposition of the common civil code. The government is resorting to “divisive policies” at a time when the nation is fighting on the borders, they said.
“It is against the pluralism and diversity of the country. All communities have different customs and traditions. Our Constitution accepts that. It’s a dangerous idea to treat them with a single yardstick. We oppose this,” Maulana Wali Rehmani, a Muslim leader, said.
Rahmani, who is AIMPLB’s officiating general secretary, said the Modi government was trying to shift the people’s focus from its work to the code, as it failed to fulfil its poll promises.
He said the Muslim bodies rejected the government’s stance on triple talaq and cited the census figures to claim that Muslims had less divorces than other communities.
“We will boycott the Law Commission. It is biased. It is not working as an independent body. It is acting as a government body.”
Jamiat-Ulema-e-Hind president Maulana Arshad Madani said, “If the Uniform Civil Code is implemented, attempts will be made to paint all in one colour, which is not in the interest of the country. Also, we don’t want triple talaq to be abolished. There are more divorces in other communities. Rather, the highest rate, double that of Muslims, is among the Hindus.”
Both the leaders contended that Muslims and other minorities like Christians and Parsis would lose their existing right to apply their own religious laws for family matters, including marriage, divorce and inheritance. Even various sects of Hindus, including Dalits and Lingayats, will be affected, they contended.
However, Majlis-e-Ittehadul Muslimeen (MIM) leader Asaduddin Owaisi said his party would put forth its views and answer the questionnaire of the Law Commission. But Owaisi said he supported the view of the AIMPLB that the exercise is against pluralism.
Differing with the AIMPLB, the Muslim women’s organisations said banning triple talaq was not against the Shariat law because the Koran did not have such a provision.
Zakia Soman of the Bharatiya Muslim Mahila Andolan said, “As far as the Koran is concerned, there is no mention of triple talaq. It is a later addition. After the passing away of the Prophet, one of the ‘imams’ allowed it only temporarily. The right to divorce is given equally to both parties… There is a 90-day period for reconciliation and deliberation. Our primary argument in the Supreme Court is that it is not against the Shariat.”
Reacting to the development, Law Commission chairman Justice B S Chauhan said, “We don’t want to force any majority view on the minorities. We are here to find out the will of the people. We have put the questionnaire in the public domain so that stakeholders may respond.”
Union Minister for Minority Affairs, Mukhtar Abbas Naqvi, said a healthy debate should take place between different communities on the Uniform Civil Code to arrive at a decision on the issue. “Many Islamic nations have carried out reforms. The AIMPLB has put forth its views. Now, we need a healthy debate,” Naqvi said.
Defending the Centre’s stand on triple talaq, Union Law Minister Ravishankar Prasad said three basic principles – gender justice, non-discrimination and dignity of women – were at the core of the government’s affidavit. Countries such as Bangladesh, Afghanistan, Morocco, Tunisia, Turkey, Indonesia, Egypt, Iran and even Pakistan have regulated their laws much earlier.
The government last week told the Supreme Court that it wants to end the practice of triple talaq, which allows Muslim men to divorce their wives by pronouncing “talaq” three times. The AIMPLB, on the other hand, opposed the move to strike off the practice of triple talaq. It told the apex court that personal laws cannot be rewritten in the name of reforms. The Uniform Civil Code is not enforceable by a court of law, the Muslim body maintained. The apex court will resume hearing on the issue next week.
The Law Commission had appealed to the members of religious, minority and social groups, non-governmental organisations, political parties and government agencies, to present their views through a questionnaire on a range of issues, including triple talaq and the right to property for a woman citizen. It also solicited public opinion on “all possible models and templates of a common civil code.”