Opposition to UCC Law: AIMPLB Raises Concerns about Rushed Legislation | India News – Times of India
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NEW DELHI: All India Muslim Personal Law Board has opposed the Uniform Civil Code (UCC) Law passed by Uttarakhand Assemblycalling it “unnecessary and an affront to unity in diversity of the country”. While it is exploring all legal remedies to challenge the law, AIMPLB has alleged that the legislation has been “rushed to gain political advantage”.
“It is a mere eyewash and nothing more than a political propaganda,” it said in a statement on Wednesday.
“While Scheduled Tribes are already excluded in this law, for all other communities provisions are included to provide for their customs and usages. For example, while the law provides degrees of prohibited relationships in which marriages cannot be solemnised, it also provides that such rule is not applicable if the customs and usages of the parties permit otherwise. The question that begs for an answer is then where is the uniformity then?” AIMPLB spokesperson S Q R Ilyas said.
“The real target of the law is only Muslims,” AIMPLB has alleged.
“One contentious aspect of the Bill passed by the assembly is the equalisation of inheritance rights between genders, which conflicts with Islamic law principles clearly categorised by the holy Quran,” AIMPLB said in its statement.
“Islam mandates equitable distribution based on financial responsibilities within the family, with women having distinct shares in line with their roles and obligations,” Ilyas said. He further claimed that “banning second marriage is also only for publicity purposes”. “Because the data provided by the government itself shows that its ratio is also falling rapidly.”
The Board also said that issues such as marriage, divorce, succession etc. are included in the concurrent list of the Constitution. As per Article 245, it is the Parliament which has the law-making power on these subjects. State’s power is subject to this exclusive power of the Parliament.
“As per Muslim Personal Laws (Shariat) Application Act, 1937, in any proceedings relating to marriage, divorce or succession, Muslims shall be governed by the same. Section 3 of the said Act provides a mechanism as well. Therefore, all that this law is doing is giving rise to multiple proceedings which will further choke the dockets of our overburdened courts,” Ilyas said.
AIMPLB has raised another point stating that “another question that emerges and begs for an answer is as to how a State legislation can override or repeal a central legislation, without even naming it.”
“It is a mere eyewash and nothing more than a political propaganda,” it said in a statement on Wednesday.
“While Scheduled Tribes are already excluded in this law, for all other communities provisions are included to provide for their customs and usages. For example, while the law provides degrees of prohibited relationships in which marriages cannot be solemnised, it also provides that such rule is not applicable if the customs and usages of the parties permit otherwise. The question that begs for an answer is then where is the uniformity then?” AIMPLB spokesperson S Q R Ilyas said.
“The real target of the law is only Muslims,” AIMPLB has alleged.
“One contentious aspect of the Bill passed by the assembly is the equalisation of inheritance rights between genders, which conflicts with Islamic law principles clearly categorised by the holy Quran,” AIMPLB said in its statement.
“Islam mandates equitable distribution based on financial responsibilities within the family, with women having distinct shares in line with their roles and obligations,” Ilyas said. He further claimed that “banning second marriage is also only for publicity purposes”. “Because the data provided by the government itself shows that its ratio is also falling rapidly.”
The Board also said that issues such as marriage, divorce, succession etc. are included in the concurrent list of the Constitution. As per Article 245, it is the Parliament which has the law-making power on these subjects. State’s power is subject to this exclusive power of the Parliament.
“As per Muslim Personal Laws (Shariat) Application Act, 1937, in any proceedings relating to marriage, divorce or succession, Muslims shall be governed by the same. Section 3 of the said Act provides a mechanism as well. Therefore, all that this law is doing is giving rise to multiple proceedings which will further choke the dockets of our overburdened courts,” Ilyas said.
AIMPLB has raised another point stating that “another question that emerges and begs for an answer is as to how a State legislation can override or repeal a central legislation, without even naming it.”
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