Rituraj Singh
Muslim Board opposes uniform civil code

Muslim Board opposes uniform civil code

In opposition to the possibility of a Uniform Civil Code to govern the country, the All India Muslim Personal Law Board (AIMLB) has said that it will boycott the questionnaire circulated by the Law Commission which was released in the month of October and sought public opinion on adoption of a uniform civil code for India. A uniform civil code is governed by Article 44 of the Constitution of India.

AIMLB, in a press conference held on 13 October said that a uniform civil code for the country would not be good as there were several cultures and each of their individual ideologies should be respected. They also opposed the abolition of the Muslim practice of triple talaq whereby a Muslim husband can divorce his wife by saying- talaq, talaq, talaq- orally or using other forms of communication.

AIMPLB general secretary Wali Rehmani, presed that adopting a common code would deduce to giving all religions a common and this would amount to infringing on the religious freedom of Muslims under their religion.  

Personal laws under different religions which govern aspects like marriage, divorce, succession etc differ currently and if a uniform civil code is adopted, then one law will apply to all religions. Marriage, divorce if you’re a Hindu will be dictated by the same law as it would be if you were a Muslim, if uniform civil code is allowed.

The debate around a common code for all religions gained pace when the Law commission on 7 October released a questionnaire, inviting public opinion on the issue of issues like triple talaq under the Muslim law. 

The questionnaire sought the opinion of all stakeholders and the general public for ensuring that norms of not one class, group or community were given importance over the others. 

Through the questionnaire, the Commission has tried to address issues like: what aspects of family law should the Universal Civil Code include, such as marriage, divorce, adoption, guardianship and child custody, maintenance, successions and inheritance, whether the adoption of a uniform code should be optional or not and if its adoption will ensure gender quality. Response on whether the practice of triple talaq infringed on a persons’ right to religion was also asked.

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