Published On: Fri, Oct 14th, 2016

Triple talaq debate: Muslim Law Board boycotts Uniform Civil Code on grounds of religious discrimination in India


Triple talaq debate Muslim Law Board boycotts Uniform Civil Code on grounds of religious discrimination in India

NEW DELHI: The Muslim Personal Law Board said on Thursday that a Law Commission questionnaire, to gauge public opinion on triple talaq and other allegedly anti-women practices across religions, is a “fraud”, that it will boycott it and that a uniform civil code is not good for India.

The Muslim Law Board also said that the law commission isn’t acting independently and is instead acting at the behest of the Centre, which last week opposed the practice of triple talaq in the Supreme Court and said it can’t be regarded as an essential part of religion.

“A uniform civil code is not good for this nation. There are so many cultures in this nation, (they) have to be respected. India can’t impose a single ideology,” said the Board’s Hazrat Maulana Wali Rahmani at a press briefing today.

The Commission in its questionnaire asks whether triple talaq – according to which a husband has to pronounce talaq three times to divorce his wife – should be abolished altogether, retained only in customs without legal sanctity, or retained with suitable amendments.

The Muslim Law Board has consistently said that triple talaq is a ‘personal law’ and hence cannot be modified by the Centre.

“We are living in this country with an agreement held by the constitution. The constitution has made us live and practice our religion. In America everyone follows their personal laws and identity, how come our nation doesn’t want to follow their steps in this matter?” Rahmani said.

The Centre however argues, “practices of triple talaq, polygamy and nikah halala cannot be regarded as essential part of religion and hence get no protection under fundamental right to religion.”

Rahmani and other Board officials today also indicated that they feel Muslims are discriminated against.

“Muslims equally participated in India’s freedom struggle, but their participation is always underestimated,” a Board official said.

The Commission, though, said its questionnaire asks for opinion on practices across religions – not just Islam – that many call anti-women, Justice BS Chauhan, chairman of the Law Commission said.

For example, while one question on the list of 16 is about triple talaq, another is asking the public what steps are needed to “ensure that Hindu women are better able to exercise their right to property, which is often bequeathed to sons under customary practices”.

Justice B S Chauhan, chairman of the Law Commission, further said that formulating the questions was an elaborate affair involving several meetings of the Commission, in addition to consultations with numerous experts in the field.

“It took us two months to frame the questions keeping in mind prevailing customs and practices in different religions to elicit meaningful responses from the public,” he said.

About the Author

Syed Ammar Alavi

- is Lahore (Pakistan) based journalist & writer with 25-year experience in print, wire and broadcast forms of journalism. His major fields of interest are politics, film,tv,sports, climate change and technology

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