Personal laws cannot be challenged as being violative of Part III of the Constitution: Muslim Personal Law Board in SC [Read the Counter Affidavit]
8 years, 6 months ago

Personal laws cannot be challenged as being violative of Part III of the Constitution: Muslim Personal Law Board in SC [Read the Counter Affidavit]

Live Law  

Holding that Personal laws of a community cannot be re-written in the name of social reforms, All India Muslim Personal Law Board in an affidavit filed in the Supreme Court today came up with the following main grounds to defend the controversial practice of triple talaq and nikah halala. This Board submitted that the Supreme Court in Krishna Singh v. Mathura Athir 3 SCC 689, has held that the Part III of the Constitution does not touch upon the personal laws of the parties. It is also submitted that since Part III of the Constitution does not touch upon the personal laws of the parties, Court cannot examine the question of constitutional validity of the practices of marriage, divorce and maintenance in Muslim personal law. The Board submitted that in Sardar Sydena Taher Saifuddin Saheb v. State of Bombay AIR 1962 SC 853, Supreme Court observed that the exception carved in Article 25 of the Constitution of India to the Freedom of Religion enabling the state to enact laws providing for “social welfare and reform” was not intended to enable the legislature to “reform” a religion out of its existence or identity.

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History of this topic

'No Compromise With Sharia Law...,' AIMPLB Makes Major Announcement on Secular Civil Code | ABP News
7 months, 1 week ago

'No Compromise With Sharia Law...,' AIMPLB Makes Major Announcement on Secular Civil Code | ABP News

ABP News  

The discussion on the Secular Civil Code has been reignited following Prime Minister Narendra Modi's Independence Day speech, in which he deemed the Secular Civil Code necessary and labeled religious personal laws as communal. This has sparked a strong reaction from the All India Muslim Personal Law Board, which has found the Prime Minister's remarks objectionable. The AIMPLB has stated …

Uniform civil code not acceptable, says All India Muslim Personal Law Board
7 months, 1 week ago

Uniform civil code not acceptable, says All India Muslim Personal Law Board

Hindustan Times  

The All India Muslim Personal Law Board said on Saturday that a uniform or secular civil code will not be acceptable to Muslims as they will not compromise with Sharia law. The All India Muslim Personal Law Board said that a uniform or secular civil code is not acceptable to Muslims In a press release, the AIMPLB, stated, "The All …

AIMPLB to challenge UCC in Uttarakhand, SC ruling on maintenance
8 months, 2 weeks ago

AIMPLB to challenge UCC in Uttarakhand, SC ruling on maintenance

Hindustan Times  

The All India Muslim Personal Law Board has decided to challenge the recent Supreme Court ruling mandating the payment of maintenance to Muslim divorcee women beyond the period of “Iddat” before a larger bench. The board’s legal committee, after going through the Supreme Court order, has resolved to explore all possible legal avenues to defend Muslim personal laws. AIMPLB member …

The politics of the Uniform Civil Code
1 year, 8 months ago

The politics of the Uniform Civil Code

The Hindu  

On June 27, in Bhopal, when Prime Minister Narendra Modi advocated that a Uniform Civil Code be implemented, he was seeking to accomplish the last of the three core ideological agendas that the Bharatiya Janata Party has campaigned for years. Another key issue of UCC is Muslim personal law. The All India Muslim Personal Law Board came into existence in …

News18 UCC Survey: Why I, a Muslim Woman, Am All For Uniform Civil Code - News18
1 year, 8 months ago

News18 UCC Survey: Why I, a Muslim Woman, Am All For Uniform Civil Code - News18

News 18  

The Uniform Civil Code is an embodiment of Article 44 of the Indian Constitution which seeks the implementation of a uniform set of laws, governing the personal affairs of citizens, pertaining to the institution of marriage and the ancillary rights arising out of the same such as inheritance, alimony, guardianship and adoption, amongst others with the sole object of national …

'How Can You Have Same Rules for All?' On UCC Row, AIMPLB Member Reminds of Mahatma Gandhi's Word
1 year, 8 months ago

'How Can You Have Same Rules for All?' On UCC Row, AIMPLB Member Reminds of Mahatma Gandhi's Word

News 18  

Senior member of the All India Muslim Personal Law Board and prominent Sunni cleric Maulana Khalid Rasheed Farangi Mahali has launched a drive after Friday prayers in Uttar Pradesh against the proposed Uniform Civil Code. Speaking to CNN-News18 on the row, the Maulana called the Uniform Civil Code an act that would adversely affect the Personal Law Board which, he …

What Are All India Muslim Personal Law Board's Various Objections Against Uniform Civil Code? Read Here
1 year, 8 months ago

What Are All India Muslim Personal Law Board's Various Objections Against Uniform Civil Code? Read Here

Live Law  

All India Muslim Personal Law Board has submitted its response to the Law Commission's public notice with respect to the Uniform Civil Code and said that it is reasonably apprehended by the Muslims in India that the raking of the topic of UCC is with the objective of putting the system of Muslim personal law in peril. Gender Equality Gaps …

AIMPLB rejects Law Commission’s proposal to seek views on UCC
1 year, 8 months ago

AIMPLB rejects Law Commission’s proposal to seek views on UCC

The Hindu  

The All India Muslim Personal Law Board on July 5 “registered its objections” to the Law Commission’s decision to seek “views and ideas on Uniform Civil Code”. “Muslims in India will not be agreeable to lose their identity,” the Board reiterated, adding, “Majoritarian morality must not supersede personal laws, religious freedom and minority rights in the name of a code …

Muslim bodies say the Law Commission’s move inviting suggestions for Uniform Civil Code is ‘against the spirit of the Constitution’
1 year, 9 months ago

Muslim bodies say the Law Commission’s move inviting suggestions for Uniform Civil Code is ‘against the spirit of the Constitution’

The Hindu  

Leading Muslim bodies have come out in opposition to the proposed Uniform Civil Code. Calling the Law Commission’s move to seek suggestions from all stakeholders for a common code “against the spirit of the Constitution” and “contrary to religious freedom enjoyed by all citizens”, the All India Muslim Personal Law Board urged the government to think over the proposal again. …

As Law Commission Seeks Fresh Suggestions on UCC, a Look at Personal Laws in India
1 year, 9 months ago

As Law Commission Seeks Fresh Suggestions on UCC, a Look at Personal Laws in India

News 18  

The Law Commission on Wednesday initiated a fresh consultation process on uniform civil code by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue. For example, Hindu personal laws are governed by the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and others. It’s important to note that the Hindu Marriage …

All India Muslim Personal Law Board opposes Uniform Civil Code
2 years, 4 months ago

All India Muslim Personal Law Board opposes Uniform Civil Code

The Hindu  

The All India Muslim Personal Law Board has criticised the move by the governments of Uttarakhand and Gujarat to set up committees on a Uniform Civil Code, calling it “unacceptable”. Nobody faced any problem due to this, “ Mr. Rehmani said, adding, “If the people had preferred a Uniform Civil Code then the Special Marriage Act would have been the …

Why new, aspirational India urgently needs Uniform Civil Code
2 years, 7 months ago

Why new, aspirational India urgently needs Uniform Civil Code

Firstpost  

The Uniform Civil Code has been strongly recommended to ensure national integration amidst a diverse and pluralistic polity, as its advantages far outweigh disadvantages. The UCC will confer fairer rights to women, as most religious personal laws are parochial and patriarchal in nature when it comes to equal rights in marriage, property ownership or inheritance. The best way forward is …

Jamiat passes resolutions on UCC, Gyanvapi and Mathura mosques
2 years, 10 months ago

Jamiat passes resolutions on UCC, Gyanvapi and Mathura mosques

The Hindu  

Prominent Muslim cleric and president of Jamiat Ulema-i-Hind, Maulana Mahmood Madani, said on Sunday, May 29, 2022, that “if anyone does not like us to follow our religion, then he does not deserve to live in this great country.” Addressing a two-day meeting of the governing body of Jamiat Ulama-i-Hind in Deoband, Madani said every citizen had the right to …

Delhi HC Backs Uniform Civil Code, Asks Centre to Take Necessary Steps for its Implementation
3 years, 8 months ago

Delhi HC Backs Uniform Civil Code, Asks Centre to Take Necessary Steps for its Implementation

News 18  

The Delhi high court on Friday backed the need for a Uniform Civil Code in the country, observing that “there is the need for a Code that is ‘common to all’ in the country”, and asked the central government to take the necessary steps in this matter. Responding to a plea involving the applicability of the Hindu Marriage Act, 1955, …

A just and equal code
6 years, 10 months ago

A just and equal code

The Hindu  

The argument for a uniform civil code is irrefutable in a modern nation state as long as it is rational, non-discriminatory and promotes social equality and gender justice. Muslim Personal Law was codified by the Central Legislature in 1937 in order to impose uniformity throughout British India. The refusal of Muslims to adopt changes in their personal law was in …

I Favour Uniform Civil Code In A Piecemeal manner: Interview With NALSAR VC Prof. Faizan Mustafa
8 years, 2 months ago

I Favour Uniform Civil Code In A Piecemeal manner: Interview With NALSAR VC Prof. Faizan Mustafa

Live Law  

Prof. Faizan Mustafa is a renowned law teacher who is presently working as the Vice- Chancellor of NALSAR University of Law, Hyderabad which is India’s leading National Law University. Prof. Faizan Mustafa: As someone who has been teaching law for over 26 years, I have consciously tried to generate informed discussions about the complex field of Muslim Personal Law. Secondly, …

Investigation: Dealing with many complexities of Uniform Civil Code
8 years, 3 months ago

Investigation: Dealing with many complexities of Uniform Civil Code

ABP News  

Disclaimer: The opinions, beliefs and views expressed by the various authors and forum participants on this website are personal and do not reflect the opinions, beliefs and views of ABP News Network Pvt Ltd. The Allahabad High Court’s comments, declaring triple talaq unconstitutional and violative of the rights of Muslim women, has confounded the confusion over divorce among Indian Muslims …

The Uniform Civil Code Debate – What Is Missing
8 years, 4 months ago

The Uniform Civil Code Debate – What Is Missing

Live Law  

For the past several weeks there have been screeching debates on prime TV on the Muslim Personal Law and the need for a Uniform Civil Code. Unfortunately these issues are being dealt with only from the following three perspectives: A patronizing patriarchal perspective - which assumes the sub-ordination of women to men; The religious perspective – pertaining to the validity …

Uniform Civil Code Or Codified Personal Law?
8 years, 5 months ago

Uniform Civil Code Or Codified Personal Law?

Live Law  

In the background of a bunch of writ petitions filed before the Supreme Court, by some Muslim women’s organizations and individual victims, challenging the regressive and arbitrary practices of triple talaq, halala and polygamy among India’s Muslims, the Law Commission has come out with a questionnaire on the viability of a uniform civil code. It has been pointed out by …

SC intervention in triple talaq amounts to judicial legislation: AIMPLB
8 years, 5 months ago

SC intervention in triple talaq amounts to judicial legislation: AIMPLB

The Hindu  

The All India Muslim Personal Law Board on Tuesday told the Supreme Court that any interference by the apex court in Muslim personal laws, including triple talaq, will amount to “judicial legislation.” Personal laws cannot be altered or tinkered with on the justification that they violate the fundamental rights of Muslim women like gender equality and the ethos of secularism, …

Muslim Personal Laws And Its Nuances
8 years, 6 months ago

Muslim Personal Laws And Its Nuances

Live Law  

The present discourse is distinguished by the infamous politics of ‘Muslim Personal Laws’ and arcane resistance to the possibility of common code by the All India Muslim Personal Law Board through an affidavit submitted to the Supreme Court of India. Second, the existing Muslim Personal Law in India is the by-product of colonial master plan of Warren Hasting in 1972 …

Personal laws can’t be challenged before courts, Muslim’s board tells SC
8 years, 6 months ago

Personal laws can’t be challenged before courts, Muslim’s board tells SC

Live Mint  

New Delhi: The All India Muslims Personal Law Board told the Supreme Court on Friday that personal laws of a community cannot be challenged before courts. “Personal laws cannot be challenged as being violative of Part III of the Constitution,” AIMPLB said in its response to the apex court. The AIMPLB was responding to a clutch of petitions filed in …

‘Subtext of debate on uniform civil code must give us pause’, says Dr Farrah Ahmed, author of recent book on Muslim Personal Law
8 years, 7 months ago

‘Subtext of debate on uniform civil code must give us pause’, says Dr Farrah Ahmed, author of recent book on Muslim Personal Law

Live Law  

Dr Farrah Ahmed is currently an Associate Professor at Melbourne Law School, University of Melbourne. Q: Your book suggests that religious autonomy under a UCC would be more restricted than it would be under personal law. The book does not argue that religious freedom would be more restricted under the UCC than it is under the personal law system. The …

K. Kannan on Uniform Civil Code: Now is not the moment
8 years, 8 months ago

K. Kannan on Uniform Civil Code: Now is not the moment

The Hindu  

It is reported that the Union Law Minister has requested the Law Commission to examine the feasibility of ushering in a Uniform Civil Code. The Uniform Civil Code, if brought in now, will be perceived as an apology for hegemony of the Hindu laws over the personal laws applicable to Muslims and Christians, and justifiably so. Now under the law …

Centre asks Law Commission to examine implementation of Uniform Civil Code
8 years, 8 months ago

Centre asks Law Commission to examine implementation of Uniform Civil Code

Live Law  

In a step which may trigger an intense political debate, the Modi government has asked the Law Commission to “examine” the issue of implementing the controversial Uniform Civil Code “in detail and submit a report”.The commission, at present headed by retired Supreme Court judge Balbir Singh Chauhan is expected to submit the report after holding wide-ranging discussions with all. In …

The Uniform Civil Code is good but can wait
8 years, 9 months ago

The Uniform Civil Code is good but can wait

Hindustan Times  

The Supreme Court has reminded the Centre thrice of its obligation to enact a Uniform Civil Code as enshrined in Article 44 of the Constitution. HT Image The Muslim community, by and large, seems to be hostile to the idea of the civil code and wishes to preserve its own personal law. The Hindu Succession Act debars the female heirs …

Religious Freedom under The Personal Law System. By Farrah Ahmed, OUP, 2016, Rs.795, Pages 243
9 years ago

Religious Freedom under The Personal Law System. By Farrah Ahmed, OUP, 2016, Rs.795, Pages 243

Live Law  

As one reads this book, it is tempting to refer to the two cases currently heard by the Supreme Court together, on the Muslim Personal Law. In Shayara Bano v Union of India, the petitioner seeks mandamus declaring the practices of Talaq-E-Bidat, Nikah-Halala, and polygamy under Muslim Personal Laws as illegal, and unconstitutional for being violative of Articles 14, 15, …

Muslim women discriminated by personal law? SC asks Centre to submit high level panel’s report
9 years ago

Muslim women discriminated by personal law? SC asks Centre to submit high level panel’s report

Live Law  

The Supreme Court today initiated steps for detailed hearing of batch of petitions, one of them taken suo motu by it on the contentious issue and recurring complaints of gender discrimination suffered by muslim women arising out of several rules in its personal laws like triple talaq and polygamy.Significantly, a bench of Chief Justice T S Thakur and Justice U …

Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]
9 years, 1 month ago

Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]

Live Law  

The Supreme Court today allowed the Jamiat Ulama-i-Hind to become a party in a suo motu PIL instituted to consider gender discrimination suffered by Muslim women owing to "arbitrary divorce and second marriage of their husbands during the currency of their first marriage".The organisation contended that the court cannot test the validity of personal law. The Supreme Court today allowed …

Hindutva’s stick
9 years, 4 months ago

Hindutva’s stick

The Hindu  

Shiv Sena chief Uddhav Thackeray deserves kudos for exposing the hypocrisy of the Sangh Parivar, of which his own party is a member, albeit a small and noisy one. On October 22, he said at the Sena’s annual Dussehra rally in Mumbai’s Shivaji Park: “They should first announce that this country is a Hindu rashtra and impose the uniform civil …

Muslim Body opposes Uniform Civil Code
9 years, 4 months ago

Muslim Body opposes Uniform Civil Code

India TV News  

New Delhi: Amid the growing demands of Uniform Civil Code and Judiciary's instruction to government for its implementation, Muslim body Jamaat-e-Islami Hind has come in strong opposition to enforce its implementation. Jamaat Chief Syed Jalauddin Umari today expressed strong apprehensions over the recent observations by the judiciary about enforcing UCC in India and the abrogation of Muslim Personal Law. Then …

SC to examine Islamic personal law on provisions against Muslim women
9 years, 5 months ago

SC to examine Islamic personal law on provisions against Muslim women

India TV News  

New Delhi: The Supreme Court has decided to constitute a bench to examine Islamic personal law to do away with provisions biased against Muslim women. The court said the Muslim Women Act, 1986 that was passed during the Rajiv Gandhi government needed to be examined by a Constitution Bench, Hindustan Times reported. In a recent survey conducted by NGO Bharatiya …

'Muslim Personal Law is a stick for Hindu communalists to beat Muslims with'
10 years, 8 months ago

'Muslim Personal Law is a stick for Hindu communalists to beat Muslims with'

Firstpost  

Editor’s note: This is a reader comment we received on the article ‘ Why the BJP argument against Muslim reservation is wrong ’. Myth 2: The Muslim Personal Law gives Muslims some great benefits that are being withheld from non-Muslims. The personal law only gives Muslims the right to be governed by Shariah principles in the personal matters of marriage, …

Personal laws: A reality check
11 years, 7 months ago

Personal laws: A reality check

The Hindu  

IN July 2013, Mumbai’s first Sharia Court was set up. It is often forgotten that before the Hindu Code, Hindu law was much behind Muslim personal law in terms of rights given to women: Muslim women could hold and inherit property, their consent was required for marriage, they could act as guardians of minor children and, after the reforms of …

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