Staff Reporter / New Delhi
Rejecting Prime Minister’s call for a ‘Secular Civil Code’ on the occasion of Independence Day, the All India Muslim Personal Law Board made it clear that the proposal was unacceptable to Muslims as they will never compromise with Sharia Law (Muslim Personal Law).
The AIMPLB considers the Prime Minister’s call, on the occasion of Independence Day, for a Secular Civil Code and terming religious personal laws as communal is highly objectionable.
The Board Board’s spokesperson, Dr. S. Q. R. Ilyas, in a press statement expressed shock at the PM’s announcement to term Personal Laws based on religion, as communal ones and to further replace them by a Secular Civil Code.
He called it a well thought out conspiracy that will have grave ramifications. The Board considers it important to mention that the Muslims of India have made it clear many times that their family laws are based on Sharia, which no Muslim can deviate from, at any cost and added that the Legislature of the country itself, has approved the Shariat Application Act, 1937, and the Constitution of India has declared it a fundamental right under Article 25 to profess propagate and practice religion.
He said, the family laws of other communities are also based on their own religious and ancient traditions. So, tampering with them and trying to create secular ones for all is basically a negation of religion and an imitation of the West. He further explained that such absolute powers should not be exercised by the elected representatives of the country.
He reminded that the Uniform Civil Code mentioned in the Directive Principles under Chapter IV of the Constitution is a mere direction and all the directives in this chapter are not mandatory nor can they be enforceable by the courts.
These Directive Principles cannot supersede the fundamental rights enshrined in the Constitution under Chapter III.
He reaffirmed that our Constitution envisages a federalist political structure and a pluralistic society, where religious sects and cultural units have the right to practice their religion and maintain their culture.
The spokesperson of the Board Dr Ilyas forcefully criticised the Prime Minister’s use of secular civil code instead of the constitutional word uniform civil code is deliberate and misleading.
He added that PM is deliberately misleading the nation and said uniform means it will be applicable to the whole country and to all religious and non-religious people. Obviously, there will be no room in it to exclude any class or caste, even Adivasis.
He questioned the intention of PM who is targeting only the Sharia law as he doesn’t want to invite the displeasure of other groups.
He pointed out that by calling family laws based on religions as communal, the Prime Minister has not only imitated the West, but has also insulted the majority of the country who practice religion. And this doesn’t augur well with religious groups.
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 is already Special Marriage Act 1954 and The Indian Succession Act 1925.
He said any attempt to bring a secular code by changing the Shariat Application Act and Hindu laws will be condemnable and unacceptable.
Dr Ilyas concluded that the government should uphold the observation made by the BJP government’s appointed Chairman of Law Commission who had categorically stated in 2018 that, “Uniform Civil Code is neither necessary nor desirable”.
Dr Ilyas implored the citizens of the nation on the occasion of August 15, to remember the sacrifices and achievements of our freedom fighters and the dream of a free, prosperous, fair and peaceful India, and not get polarised by the religious hatred and animosity created by PM in the society.
The Muslim Personal Law Board hopes that peace-loving and just citizens of the country will reject this subversive and anarchic act in complete solidarity.