“UCC is Unacceptable”: All India Muslim Personal Law Board to Law Commission

New Delhi [India], August 24 : Even a minute change in the basic format of Sharia will not be acceptable, as the Indian Constitution mentions freedom of religion as a fundamental right, the All India Muslim Personal Law Board (AIMPLB) told the Law Commission of India on Thursday.
A delegation from AIMPLB led by its President Moulana Khalid Saifullah Rahmani had on Wednesday met the Chairman of the Law Commission, Justice Ritu Raj Awasthi, to convey its stand on the Uniform Civil Code (UCC).
The delegation told the Law Commission that Sharia law (Muslim personal law) based on the Quran and Sunna (Prophet’s words and actions) cannot be altered, while Ijtihad, i.e., Islamic scholars’ opinions, can differ with time and situations.
“The first part is unalterable, even Muslim Ulemas (Scholars) cannot make any change in it. Ijtihad can differ with time and situations. Therefore, for us, even a minute change in the basic format of Sharia will not be acceptable. Indian Constitution has made freedom of religion a fundamental right,” it said.
The delegation asked the commission whether they have undertaken any survey or have any data on the basis of which they are proposing UCC.
As per a press statement by the board, the Commission was also asked why only Muslims have not been exempted from UCC when the government is ready to exclude tribals and Christians of North-eastern states from it.
“It means that only Muslims are the target of UCC. Similarly, if anybody has a problem with religious personal law then he or she can solemnize their marriage under the Special Marriage Registration Act, which is a secular law. For such marriages, the Indian Succession Act will be applicable. Then the delegation asked the Commission whether they had some specific issues related to Muslim Personal Laws, or if they had certain queries, which the delegation would be willing to explain through Islamic perspective,” it added.
The President of the Board said there is no such specific age prescribed for marriage in Islam.
“If both husband and wife are in a position to fulfil the obligations of the marriage they can marry. Likewise, on other issues also the Board explained the sharia position,” he told the Commission.
The board said that the Chairman Justice Awasthi, assured the delegation that they are not going to suggest any substantial change which may alter the basic features of Sharia Law.
On June 14, the 22nd Law Commission solicited the views and ideas of the public and recognised religious organisations to examine the UCC.
The Uniform Civil Code (UCC), which had been a hot topic that had polarised opinions over the last 4 years, hit the forefront yet again after Prime Minister Narendra Modi made a strong case for the implementation of uniform legislation at a recent address.
PM Modi said the country cannot run on two laws and that the Uniform Civil Code (UCC) was in keeping with the founding principles and ideals of the Constitution.
"Today people are being instigated in the name of UCC. How can the country run on two (laws)? The Constitution also talks of equal rights...Supreme Court has also asked to implement the UCC. These (Opposition) people are playing vote bank politics," PM Modi said while addressing booth-level workers in Bhopal.