Mumbai Session of All India Muslim Personal Law Board

Mumbai Session of All India Muslim Personal Law Board

            Freedom is dear to a person more then his/her life. Among many freedom, freedom of faith and conscience is uppermost. It is a natural right and any society cannot snatch away this right. This right has to be guaranteed by every constitution. As for as Islam is concerned. It has ‘its’ awn shariat a complete code of life, having guidance for the mankind from birth to death. This guidance is not confined to a person’s personal life, but it covers all aspects of one’s life like family, social life, politics, finance and rules of governance both, national and international. In India, however, we are free to practice our faith only in matters concerning personal life. To be precise, we have freedom to act as per our faith and conscience only in matters of religion practices and family laws. But will the demolition of Babri mosque, our freedom to worship has received a big blow. Whereas, are second freedom, guaranteed under shariat application Act 1937, is under regular attacks form different quarters. Even though fundamental rights are guaranteed under the constitution of India article 44 of Directive Principals is constantly referred to for enforcing uniform cool code. There are uninterrupted attempts on the part of Parliament and both laws as higher judiciary to change, amend or adopt Muslim personal law (shariat). One much attempt was introduction of Adoption bill 1972. Not only had the bill won introduced of enacting the law, the law Minister Mr Gokhale called it “a concrete step towards uniform civil code”. This awakened the Muslim religions leadership and a historic convention was held in Bombay. Within a year, All India Muslim Personal Law Board was formed. It became a representative board of all the sects and schools of thought of Muslim. This board has been acting as a watch dog with regard to all the interventions by the courts an legislatures in the Muslim Personal Law Board on the one hand and took up the onerous task of reforms is the Muslim society on the other. The Board tasted success when the Adoption Bill had to be withdrawn by the government. With this the voices for uniformal civil code became weaker. The Board had launched a successful campaign again compulsory sterilization during emergency. On April 25, 1985, the  Supreme Court awarded Rs. 279.20 to an old divorce Shah Bano who had four employed sons. This judgment also called free exactment of a uniform civil code.  Because, the main purpose of each decisions was not welfare of Muslim divorces, actual desire behind all this has been to silent and gradually burial to Muslims Law. Justice Chandrachud did not keep his intentions secret. The Muslim Personal Law Board launched a mass movement against this all over the country and this again dampened the spirits of the government and all the rightist and leftist forces. The Muslim women (Divorces) Act was passed in the Parliament under which the maintenance of a divorce after iddhat period became the performbility of her kilth and kin or Muslim society. It is a fact that interventions and interferences in the law are continuing from backdoor and some Muslim women shamelessly claim maintenance under section of Cr. P.C. from their ex. Husbands and keep their record marriage under wraps. However, after the enactment of this law, the clamour for change in shariat and common civil code subsided. As far as the tragic demolition of Babri Mosque is concerned it was planned during the British rule itself and the Congress was following the policy of ‘soft Hindutva’. It is possible that after the Shah Bano case, the pressure of the saffron lobby has increased on the Congress. But our right over the mosque and freedom to practice our faith continues to be our fundamental right. This right has nothing to do with any sinister politics. The A.I.M.P.L. Board is challenging the Allahabad High Court verdict in the matter in the Supreme Court.

            Apart from this, the Board has taken up the task of spreading the message across the country to decide our inter community dispute through shariat panchayats as Darul Qaza and establishing Darul Qaza (Sharia Courts) all over the country so that the Muslims can avail of quick, champed easy justice as per the shariat. The Muslim women will not have to spend their lives running from pillars to part to get justice. The Board compiled and codified the law and published it in Urdu and English. The certification also takes care of the various schools of thoughts like Hanefi, Shafee, Ahle Hadees and Isne Ashari. Training camps are held throughout the year for establishing Darul Qaza at different places. Moreover, precise booklets and pamphlets are regularly published on issues concerning the burning issues to enable the people to understand the true spirit of the shariat. The Board saw a successful campaign against the killing of girl child and even the Non – Muslims were impressed by the campaign. The Shariat Committee of the Board has constructed seminars, symposiums and other programmes with the help of lawyers and jurist to educate the people. The Board has now launched a movement called Protection of Constitutional Rights. The Board has placed its recommendations to Parliament select Committee on Auqaf Amendments Bill so that rampant corruption in Muslim auqaf properties could be prevented and these properties could be put to better use for the development of the community, also voice is being raised against certain provisions of Right to Education which are going to effect the institutions given by minorities. Similarly efforts are being made to save the income of mosques, madras, orphanages and circumbadas earned through zakaat as charities from the provisions of Direct Taxes code, efforts are also being made to enable the Muslim women to  have right in agriculture prophets. The Board also launched a successful campaign against Central Madarasa Board to save our madarasas from government interference. Ishatise Muashra (Reforms and purification of the society) movement is spread all over the country with large participation of the women. The Board has prepared a model nikah naama so that necessary information could be provided at the time of marriage itself. The Board has also mounted pressure on the government to have a firm stand against homosexuality with apex court. Although the government is ambivalent, the Board is firm and will continue to make its stand clear. This year our city of Mumbai has the honour to play host to the session of the Board. The sessions shall be held at Haj House, Mumbai in 20, 21 and 22 April. Special session will be held for ladies on 23^rd April at Saboo Siddique College. On 22^nd April a grand public meeting will be held at Azad Maidan. The meeting will be addressed by luminaries of the Board and leaders of various schools of thought. Preparations are going on and the community has shown its readiness to display it’s total support to the Board. This will not be a mere session; it will be a historic movement for total religious freedom.