The last year of the tenure of the BJP government is going on. There was also a promise in the BJP’s election manifesto to implement equal citizenship in the country. But even after the government reached the last year, there has not been any special profession in this direction. This promise is also proving to be an election jumla.
Only statements are being made by the government. But on this issue, the Law Commission has held a meeting with the people of the Muslim Personal Law Board. The board had its second meeting with the commission on Tuesday. In this, the board has opposed the Common Civil Code. The board argues that there is religious freedom in India. It is not possible to impose this on anyone. People of every religion follow personal law according to their own calculation.
The board made this argument before the Law Commission that a Hindu person can devise his entire property to anyone but a Muslim person can do only one third. However, according to the Board’s claim, the Chairman of the Law Commission agrees that it is not possible to implement the Uniform Civil Code for the next ten years. Board members said that the signatures of five crore people have been collected. Muslim society does not want to interfere in personal law.
What did the board tell the law commission?
Jalaluddin Umri was the head of the board’s delegation to meet the Law Commission. Umri is also the Sadar of Jamaat-e-Islami. On behalf of the delegation, it has been said that all religious people living in India follow different rituals and customs. But the personal law of Muslims is going on according to the Quran and Hadith. Which has been going on since 1400 years. Muslims believe that domestic matters are being resolved according to Islamic law. Therefore, the government should not give any such recommendation on its behalf which is considered to interfere in domestic and religious matters.
This was the second meeting of the Board with the Law Commission. It has already been met in May 2018. In which the board asked some questions. The board has given the answer.
Opposition to Nikah Halala – advocating polygamy
Board member Kamal Farooqui said that nikah halala is not according to Islam. Therefore, no one is advocating this. If someone is doing this kind of work, then according to the law, punishment should be done. Because there is no mention of nikah halala anywhere in the Quran. Although polygamy has been supported. Petition is filed in the Supreme Court regarding polygamy. The hearing is going on. The Law Commission had proposed that the practice of polygamy should be abolished, but the Personal Law Board denied any change in it. The board has given many arguments in its favor. The board says that four marriages have been allowed in Islam. There can be no change in it. However, there are some conditions for this. According to these conditions, if a person can give equal rights to all wives, then only he is allowed four marriages.
But the board claims that it is being spread under a conspiracy against Muslims. While such incidents are not very much. This issue has been made a political issue. Whereas in other religions, polygamy is not practiced. Things are worse there.
Civil Law Opinions
The Board has told the Law Commission that whatever reforms should be done in the civil law, religious provisions should not be ignored, nor should any recommendation be made to the government to allow it to intervene on private issues. The board has given its recommendation to the commission on many issues.
According to Sharia, mother is the custodian of children. For which the age of fifteen years has been fixed. After this, the children have their will. On the issue of the girl, the girl can stay with the mother till then. Until she attains majority. But boys can stay with their mother until they are able to take care of themselves. On both these issues, the juxtaposition of children with mother and father cannot be stopped. At the same time, the maintenance of children is considered as the responsibility of the father.
Similarly, the tradition of adoption has been considered un-Islamic. After the death of her husband, there is a tricky issue regarding the responsibility of maintenance. In this, if the woman has any means of income, then she is not obliged for any assistance. But if it is not so, it is the responsibility of the adult children. If the child is a minor, the children’s grandfather will have to be fed.
The widowed daughter-in-law cannot get a share in the father-in-law’s property. While share in husband’s property can be found. In this way, the parents and grandfather are entitled to share in the property. But the woman’s father-in-law can give her one-third of the property. Which will be found after the father-in-law’s death. However, a separate rule has been given regarding the girl. The girl is said to be half of the boy in the father’s property. On the other hand, if the child’s father dies and his uncle too, then there will be no share in the property. The property will be considered as long as the man is alive.
Obviously all these things are also debated. Because a lot of people may have trouble with it. The personal law board should also look at the human aspect in it, that if someone’s father dies, how will he be maintained when he is not entitled to the property. It seems that the board has not learned any lesson even after the defeat in the Kord on the issue of triple divorce.
Because of this, he has suffered defeat in the Supreme Court. The court may not like to support the practice of polygamy, because it can be difficult to justify more than one marriage in society. Special case to the board I should say that I approve Because this matter seems to be anti-women only. No woman can allow a husband to marry another. Then the case of polygamy is also going on in the court.