By Sheikh Khurshid Alam for Twocircles.net
“Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason toward my country and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings.” – Patrick Henry
The All India Muslim Personal Law Board (AIMPLB), with its egoistic stand of boycotting the questionnaire of the Law Commission of India is doing more damage to Indians in general and Indian Muslims in particular than it has achieved from its decades of hegemony over the Indian Muslims.
First of all, it should be clear that AIMPLB is not the voice of the 13 crore Muslims of India, at least not mine. The Press Release dated October 13, 2016 of AIMPLB and other like-minded patriarchal organisations states, “The fact is that the questionnaire points to the ulterior intentions of the commission and is an attempt to nullify the Muslims personal Law. The question is framed so as to confuse the respondents. By referring to article 44 of the constitution, an attempt is made to give a constitutional position to Uniform Civil code. This is false and deceit as the clause is Directive Principle which is not bound to be implemented. …”
What should I understand from this? I can deduce the following points: One, that the Law Commission’s intentions are malafide. Two, that that the said questionnaire is an attempt to nullify Muslim Personal Law. Three, that the questions are framed to confuse the respondents. And last, that that the law Commission has misrepresented Article 44 of the Constitution of India.
On perusal of the Law Commission’s appeal dated October 7 2016, I am tempted to say that AIMPLB has made itself a laughing stock by criticising the Law Commission’s initiative. The latent problem with AIMPLB and other like-minded organisations is that they have no constructive work to do but to only fool the gullible Muslims with their theatrics of public meetings, signature campaigns and useless Jumma sermons.
AIMPLB has no ground to criticise the intent of the Commission. Moreover, what is the rationale behind saying that the said questionnaire is an attempt to nullify Muslim Personal Law? The Personal Laws are guaranteed by the constitution as a fundamental right, which cannot be and will not be nullified by a simple questionnaire. For the information of those people, who, without going through the questionnaire, and on the boycott call of AIMPLB, are blindly sharing messages on the social media, I would like to point out that there are 16 questions and none is confusing. AIMPLB has concocted a lie that the commission has misrepresented Article 44 of the Constitution and everybody believes it without even reading the appeal of the Commission.
AIMPLB has confused the people by clubbing together all the issues like Instant Triple Talaq, Uniform Civil Code, Polygamy, Shariah Laws and overall Muslim Personal Laws as practiced in India.
The press release of AIMPLB further says, “The Board strongly sticks to its position that a change of even an alphabet in the Sharia is not admissible and acceptable. These are derived from the Quran and Hadith and are in unison with the needs and aspirations of human beings…”
Who is the All India Muslim Personal Law Board fooling by saying that any change in Shariah is not admissible? How is triple talaq sanctioned by Quran and Hadith? And again, how is triple talaq in unison with the needs and aspirations of the helpless women? Does AIMPLB believe that The Muslim Personal Law (Shariat) Application Act, 1937 is the Shariah? Muslims lost half of their Shariah more than a century ago and left with few areas of Shariah today in 2016, AIMPLB is threatening that it will not tolerate the abolition of an innovation like triple Talaq. What a pity!
“O you who have believed, enter into Islam completely [and perfectly] and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy” Surah Baqarah – 208
Any sane and abled Muslim will not advocate the retaining of an unjust practice like triple talaq but AIMPLB will. The debate over Uniform Civil Code had even divided the Constituent Assembly and AIMPLB fears that a questionnaire will abolish the Personal Laws of the Indians and bring into effect Uniform Civil Code.
The appeal of the Law Commission says, “…The commission hopes to begin a healthy conversation about the viability of a Uniform Civil Code and will focus on the family laws of all religions and the diversity of the customary practices, to address social injustice rather than plurality of laws. Responding to the demands of social change, the commission will consider the opinions of all stakeholders and the general public for ensuring that the norms of no one class, group or community dominate the tone or tenor of family law reforms…”
Showing some maturity, the AIMPLB, instead of shouting boycott, should have welcomed the questionnaire of the Commission and requested everybody to answer it. The questionnaire has plenty of scope to reject any step towards formation of a Uniform Civil Code. At a point of time when the whole country was intoxicated with the fervour of freedom, it had taken two years, 11 months and 18 days to frame the Constitution of India by a team of stalwarts like B.R. Ambedkar, N. Gopalaswami, K.M Munshi, M.Sadullah, Madhav Rao, Khaitan and others. Why has AIMPLB forgotten that the implementation of Uniform Civil Code is not an issue for the Muslims alone; it will equally disturb our other brethren! Sixty nine years of independence and the State of Jammu & Kashmir has its own constitution, Nagaland and other tribal states are not governed by the so called uniform legislations like Code of Civil Procedure and Hindu Undivided Family has been reaping tax benefits till now. Which Uniform Civil Code will compensate all these issues and ensure that the norm of one class, group or community does not dominate the tone and tenor of family law reforms? It is easy said than done.
It’s time that AIMPLB stops bossing around, starts to appreciate the evils of triple talaq and stops creating a false atmosphere of fear in the minds of the masses that the Personal Laws of the Indians are in danger.
The author is a Member of Calcutta Society for Socio-Legal Research, a non-profit organisation addressing the current and future dynamics of the Minorities of India, overall public-awakening activities and research projects