All India Muslim Personal Law Board letter to Law Commission against General Civil Code!

Jul 07, 2023

Admin Media


The Law Commission had announced that all parties, including the people of the country, can express their views on the General Civil Law from the 14th.

In this regard, many people are expressing their views on the email address of the Law Commission. In this situation, the All India Muslim Personal Law Board convened an emergency meeting through video and discussed the matter. Accordingly, the Muslim Personal Law Board has opposed the General Civil Code.

Members of the Muslim Personal Law Board, which deliberated on aspects of the General Civil Code, decided to oppose the General Civil Code.

A letter has been sent to the Law Commission in this regard. The All India Muslim Personal Law Board has always been against the General Civil Code. In a multi-religious and multi-cultural country like India, imposing a single law in the name of common civil law is a violation of democratic rights.

And our position is that the General Civil Code is against the Constitution. Therefore, we strongly oppose common civil law. India is multi-religious. Common Civil Law affects not only Muslims but also Hindus, Sikhs, Christians, Jains.”

Islamic laws are derived directly from the Holy Quran and Sunnah and this feature is linked to their identity. Indian Muslims will not accept the loss of this identity enshrined in the Constitution of our country. National integrity, security and safety and fraternity will be better protected and maintained if we maintain the diversity of our country by allowing minorities and tribes to rule by their own laws.” It is said that

All India Muslim Personal Law Board’s Response to Law Commission on UCC New Delhi, 5th July 2023

The All India Muslim Personal Law Board today registered its objections to the Law Commission’s Notice dated 14.06.23 soliciting “views and ideas on uniform civil code” in the form of a Representation. “Our response to the Law Commission on UCC is based on 5 points,” said Dr. SQR Ilyas, Spokesperson, All India Muslim Personal Law Board, “which includes 1) Preliminary Issue, II) Response and Report of 21″ Law Commission, III) Uniform Civil Code, IV) Existing Civil Laws, V) Conclusion.”

In the first part of the Representation, the Board has detailed out the preliminary objections stating that the content set out in the captioned Notice is vague, too general, and unclear. The relevant portion has been placed as the following excerpt:

“The terms for the suggestions to be invited are missing. It appears that such a large issue has been floated in the public domain to seek a referendum as to whether the reaction of the general public also reaches the Commission in either equally vague terms or in a ‘yes’ or ‘no’. We are making this submission for multiple reasons because this issue being a purely legal issue has also been fodder for politics and consumption of media-driven propaganda. This issue becomes further important because this Commission’s predecessor had examined the very same issue and reached a conclusion that Uniform Civil Code is neither necessary nor desirable. Within such a short span of time, it is surprising to see the successive Commission again seeking public opinion without there being any blueprint as to what the Commission intends to do.

… the fundamental religious book of Muslims, being the Holy Quran, Sunnah and Figh (Islamic Law) in the form of religious texts, which are matters of Articles 25 & 26, mandate its believers to follow the injunctions as prescribed therein. The followers of Islam find themselves bound by those injunctions and the same are non-negotiable terms. Personal relationship of Muslims, guided by their personal laws, is directly derived from the Holy Quran and Sunnah (Islamic laws) and this aspect is linked with their identity. Muslims in India will not be agreeable to lose this identity of which there is space within the constitutional framework of our country. National integrity, safety and security and fraternity is best preserved and maintained if we maintain the diversity of our country by allowing minorities and tribal communities to be governed by their own personal laws.”

In the second part of the representation, the Board has pointed out and annexed the detailed response of AIMPLB to the 21″ Law Commission on the same issue along with other communications.

The Representation, in the third part, delve in detail on our country’s pluralistic principles, vast diversity and multiculturalism. It discussed, in detail, the issues of Secularism, Gender Justice & Principle of Equality, National Integration and Supreme Court Observations. The representation reads:

“Prevalence of multiple personal laws by different communities is consistent with religio-cultural rights of the members of Indian communities flowing from conjoint reading of Articles 25, 26 and 29 of the Constitution. The application of such laws as per the religio-cultural norms of different communities/tribes should be celebrated as the shining example of a robust democracy in our beloved country.”

In the fourth part of the representation, the existing legal paradigm has been discussed. The Representation states, “We are placing these facts to point out that the religious principles and customary and tribal exemptions that have been reflected in the existing statutes show the inalienable position of the dominant religious group and customs that cannot be dispensed with in such codes.

The exercise of analyzing the scope and nature of a prospective Uniform Civil Code can only be done through analyzing the existing family laws-both general and personal. There are two premises of such an analysis:

a) Are the existing general/uniform family laws truly uniform?

b) Are the existing codified community-based personal laws uniform?”

Then the AIMPLB draft analyzed the existing civil laws and came to the conclusion that existing general / uniform family laws are not truly uniform, even existing codified community based laws are also not uniform…It is stated that SMA, the closest and continuing model of a uniform family law in India, is not uniform’. SMA, not only has been designed as per the majoritarian morality but provides exceptions for customary laws.