NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) is against codification of Muslim personal laws and changes in those laws, as is being considered by the Law Commission, the New Indian Express has learnt.
The board, which will meet the commission on Tuesday, has prepared a detailed response to a questionnaire given by the law panel as part of consultations undertaken by it to pave the way for the implementation of the Uniform Civil Code.
The commission sought the views of Muslim groups, including AIMPLB, on seven key istsues, including custody of children, inheritance rights and adoption in Islam. On the commission’s clarifications on the different interpretations that exist among the schools of thought in Islam, such as Hanafi, Shafi’i, Maliki or Hanbali, the AIMPLB is likely to tell the panel that the different schools of thoughts should continue to enjoy this right.
“If Muslim personal laws are to be codified or reviewed; only people belonging to the community can codify these laws. In Islam, the Quran and Hadith are guide to all problems. There is a consensus among the Muslim community on most issues. However, there are certain issues on which the view of the community is divided. For instance, instant triple talaq was never practised by those belonging to certain schools of thought in Islam, but some others were practising it,” said a member of AIMPLB, on condition of anonymity.
According to sources, the AIMPLB is also likely to oppose any reforms in Muslim personal laws based on principles from other religions, as suggested by the Law Commission. For instance, the commission, headed by Justice BS Chauhan, had proosed incorporating among Muslims the practice of giving equal inheritance rights to women and men, as is the practice in Hinduism. According to the Muslim personal law, a woman is entitled to only half her brother’s share in property. However, the Board has decided to oppose this.
No equal rights for adopted child
The AIMPLB will make its opposition clear on the issue of adoption, but will tell the panel that Islam advocates supporting orphans but equal rights cannot be given to an adopted child.