Akshay89
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India can’t be intimidated by those who recently assembled at Deoband and gave threatening messages on the Uniform Civil Code. We cannot allow such forces to drag the nation down
Ratan ShardaMay 31, 2022 19:34:25 IST
Jamiat Ulama-i-Hind passed a resolution in an all-India meeting held in Deoband on 28-29 May 2022 expressing deep concern over the attempts to ‘deprive constitutional rights’ to Muslims and enforce a uniform civil code. The resolution is troubling for many reasons, including the threatening language used in it. There were many provocative speeches too. But, for the present, let us focus only on what was passed as the official resolution to avoid turning a national issue into a political debate.
First, I quote below the resolution as it is so there is no claim of selective copy paste. Highlights are mine:
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“Matters covered under the Muslim personal law such as marriage, divorce, khula, inheritance, etc, are not framed by any society, individual or group, etc. Nor are they parts of culture and customs, etc. But they are essential parts of Islam like prayers, fasting and Hajj, etc., derived from the Holy Qur'an and hadiths. Therefore, any change in the rules or regulations sanctioned by Islam or preventing anyone from following them is against the basic principles of Islam and sheer interference in the provision guaranteed in Article 25 of the Constitution of India.
But the present government intends to abolish Muslim personal law by enacting a uniform civil code sidestepping the true spirit of the country's Constitution.
This session of the Jamiat Ulama-i-Hind warns the Government of India that Muslims of the country cannot accept any change in Muslim Personal Law. That is why when the Constitution of India came into force then under the fundamental rights, it was guaranteed in an unequivocal term that every citizen of the country has the fundamental right to practice and propagate a religion of his/her choice. Therefore, we demand that a clear ordinance be issued regarding the protection of Muslim personal law keeping in view the basic provisions of the Constitution of India.
If the government of India makes an attempt to enforce a uniform civil code, the Muslims of India and other sections of society will not tolerate this great injustice and will be compelled to take all possible steps within the constitutional framework.
On this occasion, we draw the attention of Indian Muslims to the fact that the door of undue interference in the Shariat only opens up when Muslims deny to abide by Shariat injunctions. If Muslims adhere to the Shariat in their practical life, then no power on this earth can prevent them from doing so. Therefore, all Muslims should firmly practice Shariat injunctions and not succumb to the pessimism and the Jamiat Ulama-i-Hind appeals to Indian Muslims to remain steadfast in following Islamic law and not get disappointed and subdued.
Now let us analyse each paragraph to understand the mindset and how they try to deviate the debate with half-truths and fear mongering to keep the flock under their control and play upon their fears and emotions.
- Matters covered under the Muslim personal law such as marriage, divorce, khula, inheritance, etc, are not framed by any society, individual or group, etc. But they are essential parts of Islam …derived from the Holy Qur'an and hadiths.
- But the present government intends to abolish Muslim personal law by enacting a uniform civil code sidestepping the true spirit of the country's constitution. What is the true spirit of the Constitution? Are Directive Principles not part of the constitution?
- Doesn’t UCC form the part of these Directive Principles that are unanimously accepted by the Constituent Assembly? Where was the spirit of the Constitution when the Shah Bano case was overturned with a constitutional amendment? If it is supreme then why these same groups oppose CAA which had nothing against the Muslim personal laws or against the Indian Muslim community itself?
If Parliament is supreme and has amended the Constitution more than 100 times, are amendments against this ‘spirit’ of the Constitution?
- This session of the Jamiat Ulama-i-Hind warns the Government of India that Muslims of the country cannot accept any change in Muslim Personal Law… Therefore, we demand that a clear ordinance be issued regarding the protection of Muslim personal law keeping in view the basic provisions of the Constitution of India.
- I have serious issues with ‘warning’. How can a citizen group warn a government and by that logic the elected institution of Parliament? This shows utter contempt for democratic norms. There was nothing ‘unequivocal’ about Muslim personal law in any constitutional proceedings. Right to practice and propagate religion doesn’t include laws which are not essential as noted above. If it were so, forget Western democracies, Islamic countries too would not have outlawed many of the avowed personal laws including provisions of talaq, etc. https://www.firstpost.com/opinion/u...nd-are-now-seeking-islamic-laws-10742681.html
