All India Muslim Personal Law Board has submitted its response to the Law Commission’s public notice with respect to the Uniform Civil Code and said that it is reasonably apprehended by the Muslims in India that the raking of the topic of UCC is with the objective of putting the system of Muslim personal law in peril.
Objections to Uniform Civil Code by All India Muslim Personal Law Board:
1. Threat to Muslim Personal Law:
The Board argues that discussing the Uniform Civil Code poses a threat to the system of Muslim personal law, which is derived from the Holy Quran and Sunnah. They believe it is an attempt to put the system in peril.
2. Attack on Identity:
The Board perceives any debate on Muslim Personal Law as an attack on their identity. They cite instances such as bans on wearing hijab in educational institutions to support their claim.
3. Freedom of Conscience:
Articles 25 and 26 of the Indian Constitution guarantee freedom of conscience and the right to manage religious affairs. The Board argues that these articles accommodate different religious practices for different classes of citizens.
4. Gender Equality Gaps:
The Board points out that gender equality gaps exist not only in codified personal laws but also in so-called “uniform matrimonial laws.” They cite examples of gender inequality in family laws in Goa and the Special Marriage Act.
5. Equality before Law:
The Board asserts that the principles of “equality before law” and “equal protection of law” are important in both the common law system and Islamic law. They argue that Islamic equity corresponds to contemporary constitutional terms such as “reasonable classification” and “intelligible differentia.”
6. Diversity Maintains National Integration:
The Board emphasizes the importance of maintaining diversity in India to preserve national integrity. They refer to special protections under Article 371 and similar articles in the Indian Constitution.
7. Pakistan’s Approach:
The Board cites Pakistan as an example where separate legislation exists for Hindus, demonstrating that unifying the entire civil law irrespective of majoritarian religious beliefs has not been pursued.
8. Supreme Court Observations:
The Board argues that Supreme Court observations on the Uniform Civil Code are not relevant to Muslim personal law. They claim that cases like Sarla Mudgal and John Vallamattom, which dealt with issues unrelated to Muslims or Islamic law, were erroneously applied to Muslim law.
9. Importance of Legal Pluralism:
The Board supports legal pluralism as a symbol of inclusivity and tolerance. They argue that exemptions based on diversity are not limited to personal laws alone and that general laws also vary across different states and regions.
10. Existing ‘Uniform’ Law is Not Uniform:
The Board contends that the Special Marriage Act, often seen as a model of uniform matrimonial law, is not truly uniform. It provides exceptions for customary laws and is designed based on majoritarian morality.
11. Nature of Muslim Marriage:
The Board highlights that the nature of Muslim marriage is a sacred contract, unlike sacramental marriages in the majority Hindu faith. They emphasize the freedom of parties to mutually agree to terms and conditions within the boundaries of Islamic law.
12. Variation in Prohibited Degrees of Marriage:
The Board points out that the prohibited degrees of marriage vary among different communities. While Muslim law permits marriages between cousins, Hindu law considers such marriages as prohibited relationships.
Overall, the All India Muslim Personal Law Board raises objections to the Uniform Civil Code based on concerns about the identity, rights, and religious freedoms of Muslims in India. They argue for the preservation of Muslim personal law and the importance of maintaining diversity in the country.
