MUSLIM PERSONAL LAW BOARD | Geared To Face New Challenges

MUSLIM PERSONAL LAW BOARD

Geared To Face New Challenges

By Ibrahim Khalil A’bidi

The founders of All India Muslim Personal Law Board (AIMPLB) never envisioned that they would initiate a campaign for Indian citizens’ fundamental rights. And it would be also unthinkable for them that ulama would be charged with the responsibility to sustain the standards of institutions such as madrasas and khanqahs.

On the one hand there is foresighted leadership of Muslim Personal Law Board who keep their eyes on the coming storms and trying their best to tackle them. On the other hand, most of the community members are absorbed in their own activities whether they are religious people or worldly-minded.

There are those of a spiritual disposition who go to extreme lengths, negligent of current situation in a way that the all they instruct are about the world above or the nether regions of the earth. And what to say about the men of the world: for them the world is their sole purpose, it is their paradise and they suppose they will never die.

Very few Muslims are aware of the reality that the holy Qur’an also clarifies the practical rules of marriage, divorce and inheritance as much as salah and fast. So in this situation it is very necessary to inform the people of their rights and duties within Muslim personal laws.

 Our religion is not formulated by any individual or collective human effort but it is a true religion revealed by Allah Almighty and it is provided us guidance through the Qur’an and Sunnah. The aspect of this law regarding family system is called Muslim personal law which consists of marriage, divorce, legacy and will, in short Muslim personal law is a necessary part of Shariah.

Shariah means the ever lasting rule of Allah, so no body has right to change it. Hence Allah Almighty says “None among men or women has any sort of leeway in their matters after they are decided by Allah and his messenger.” [Al-Ahzab-36]

It is important to remind ourselves of the historical fact that ‘Shariah Application Act’ formed in 1937 had legalized Muslim Personal Law Board in India. Later, the Indian constitution guaranteed Muslim personal law board for its protection.

This protection extends to freedom of belief and conscience and the freedom of every follower of a religion to follow its tenets freely and without hindrance.

But unfortunately, the inclusion of a parallel civil code [clause 44] in the fundamental rules of the Constitution left a Damocles sword hanging on Muslims’ personal conduct for ever.

In spite of Muslim leaders’ objections raised in parliament the discrepancy was ignored with the support of Dr. Ambedkar’ remarks.

In 23 November 1964, a Muslim MLA in Maharashtra made the matter sensitive by passing a bill banning more than one marriage for Muslims. Since then there have been various attacks to undermine Muslim personal law. 

Even Abdur Rahman Antulay spoke out, at one time, saying “Most of the Muslims wants Muslim personal law to get amendment, only five percent don’t like any sort of amendment”

 On the one hand the inclusion of similar civil code has emerged even as Muslims have realized unsavory aspects of the matter, which urged the religious muslim leadership to be active to protect their interests.

The bill of adopted son’s inheritance [which has no validity in Islam at all] united the whole community. And it resulted in an unparalleled and impressive convention in Mumbai on December 27, 28.  1972. The show of unity frustrated the negative efforts of those opposed to the Shariah. Later, AIMPLB was established to provide impetus to Tahafuz-e Shariah movement.

Once again, Supreme Court tried to interrupt in Shariah in Shah Bano Case, the Muslims of India protested against it unitedly all over the country. In Mumbai, approximately five lakh devotees of Islam put the enemies of Shariah on the back foot. As a result of that combined effort, Parliament had to frame an act It succeeded in to revoking the Apex Court’s verdict – thus saving the rights of divorced Muslim women.

Despite all these substantial efforts, laws going against Shariah rule continue to be passed by some lower courts now and then.

Presently, it seems that the enemies of Shariah have changed their tactics. They are avoiding to direct attacks, but trying to sweet talk their way to harm Muslim personal law. Moreover not only are we becoming their victims but all are on their side. Some say why only a section of Muslims should only be alert and take action.

Who would not wish to die on this simplicity, Oh, my Lord?

They fight but no sword is there in their hands

First attack: Right to free education RTI: Under this law firstly for six to fourteen years every Indian the governmental education was compulsory and now for three to eighteen years the governmental education would be compulsory. It means institute, syllabus,   and teachers all will have to conform to the government’s will and there will be no choice to move away from it.

It is clear that if anyone wants to teach religious education then he has to give admission only to those who are either below three or above eighteen and doing so is impossible. So, in these circumstances, existence of Islamic madrasas will be unlawful andeven minority educational organizations such as Anjuman-i- Islam, Anjman-i- Khairul Islam, Alameen Schools and Shibli college will go in the hands of the government.

We have seen what had happened with Ismail Yusuf College. Earlier we thought that this law is framed to stop Muslims from getting education but if you have a close look on it you will come to know that this law is against all education. Today everyone knows how low the standard of government schools is. It is not difficult to judge how much education will be compartmentalized and limiting, if only government schools and colleges remain. Furthermore there will not be any exam till the twelfth standard. In an exam-free atmosphere then why students will go to school and study and why teachers will teach them.

It appears that educational organizations of the future will sound the death knell for education for younger generations. Politicians and leaders will establish their own schools where teachers will be appointed on the basis of degrees, not worth the paper they are printed on.

Many politicians and parties will take commission from the salaries of teachers. We have to fight against the growth of the education mafia. What will be the worth of degrees when teachers are not qualified and students do not have to sit for exams? Such schools and colleges will exist only on paper.

Second attack: Proposed Direct Taxes Code Bill

This is an attempt to tax religion and is tantamount to a direct infringement of the right to freedom of religion when faith-based trusts are proposed to be taxed at the rate of 30 per cent.

Imam sahebs of masjids and trust members will come within the purview of income tax officers (They will unnecessarily be in the tax net).  Accounts of masjids not only will be checked but also will be investigated and reviewed thoroughly as per the rules of income tax.

Income Tax officers can then order an imam saheb to his office (to show his tax returns) and it will be necessary for Imam to “satisfy” him.

It will be so because the new income tax rules under consideration would make it mandatory that masjids and other places of worship to be treated as profitable organizations. And if they want to come under the category of non-profitable organizations in order to save from income tax, they will not allow to specify their places of worship for a particular religion. It means that a masjid which is only for Muslims to pray cannot come in the category of non-profitable trusts. It is clear that it is impossible to fulfill this condition and to permit Hindus, Sikhs and Christians to pray in masjids.

The plight exemplified in Iqbal’s couplet:

Maulavi is allowed to do sajda in India,

But the new income tax code is intended to fix tax even for prostrations in mosques.   

So, this law is an anti- religion law on which it is natural for Muslims to be agitated and in a state of commotion. It is clear why adherents of other religion are silent. This is because law and its implementation are two different things. Tada and Pota have conclusively proved it.

Muslims cannot remain silent, because others are quiet.  We are agitated, impatient and edgy not only for our plight but for the sake of all the religions. Whatever candle we light is for all and whatever for justice we talk is for the whole humanity. For, we are not a selfish community. We are ‘khaire ummat’.

Our country is a religious country where we cannot stomach an anti-religion tax and we are compelled to go against it.  We know well that this law will harm religious and charitable trusts severely and will cause them to face an arrogation and crippling tax burden. That is why Muslims are against it and demand amendment in it to save themselves from the misery of tax returns (as most imams live a hand-to-mouth existence)

Third attack: waqf act 2010, our forefathers have endowed properties on a large scale as an act of charity so that Muslim community could benefit from them. But alas the government has either occupied thousands of waqf properties or forcibly on nominal rent.  But nowhere does this law provide relief for such eleemosynary properties and the new tax code deprives Muslims of the right to prosecute unregistered waqf properties.

The act is ineffective for evacuation of waqf properties. The law must be efficacious. If waqf properties are handed over to Muslims and they use it in a good way, at least their educational and public welfare needs can be fulfilled. Members of All India Muslim Personal Law Board are in constant touch with the related committees and are making a bid to frame an effective waqf law.

Fourth attack: legacy rule in agricultural   property, for example in Uttar Pradesh, daughters are devoid of their hereditary rights to farm properties. It is clearly against Shariah.

It is ironic that measures are taken at the global and local level to ensure the rights of the women, they are deprived of inheritance in farming properties in UP.

Those opposed to the Shariah often propagate that women are exploited in Islam.  In the Shah Bano Case, Justice Chandrachud had remarked that women related orders are the darkest aspect of Islam. Whilst in India, Shariah Application Act was approved only because there was an attempt to deprive a Muslim daughter of her inheritance in line with Hindu custom and tradition. And it was Shariah that helped her get her rights in court successfully.

Whether religion or education, only Shariah can give them justice.  Whether man or woman, they can get justice only through the practical application of Shariah. This is because it is the rule of the Creator and the rules Shariah are the best because they are eminently suitable to Muslims and they are bound by it.

Today it is the need of times that we should not only follow orders of Shariah but also not let any element to harm Shariah. We should not tolerate any kind of disruption whether done by the government or anyone else, whether created by the enemies or well-wishers.

One of the problems of Muslims of India is that they attribute the lack of an effective leadership that could tackle their problems. But Alhamdulillah they are lucky to have some well-meaning and far-sighted leaders in AIMPLB to safeguard Shariah.

It has met with success in its previous attempts and even now it is engaged on all fronts to preserve Muslim identity.

People are requested to see 22^nd general session of Board in this regard and to see that it is successful.

Tahaffuze Shariah which was established forty years ago, now has plans to enter the arena of new challenges with and correct intention and renewed ambition, with constancy, steadfastness. This is because the Board has a fund of good wishes for Muslims, which is one of the defining characteristics of the ‘khaire ummah’ so that not only our society but the whole country may be illuminated with the light of Shariah.

RTE, Income Tax Law, legacy rule in agricultural   property are new challenges facing the Board, and. If Muslims of India in general and Muslims of Mumbai in particular stand by  All India Muslim Personal Law Board in the same way as they did forty years back then the day is not much far when Muslims will obtain their lost position and leadership rather than languishing in the slather of victimhood. Insha’Allah!

The writer is General Secretary of reception Committee.                                                                                                                                                                                                                                       
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