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As a response to the law commission’s notice on the Uniform civil code, the All
India Muslim Personal Law Board says that it apprehends because it thinks that
the ranking of the topic of uniform civil code is with the objective of putting the
system of Muslim personal law in peril.
"Personal relationship of Muslims, guided by their personal laws, is directly
derived from the Holy Quran and Sunnah (Islamic laws). This aspect is linked
to the identity of Muslims in India. Muslims in India will not be agreeable to
losing this identity of which there is space within the constitutional framework
of our country.” the board said.
The board has raised many points in its 37-page response. It says that Article 35
of the Indian constitution accommodates different religious organizations to
have different religious practices.
Referring to the special protections given under Article 371A, 371B, 371C, and
other similar articles of the Indian Constitution, the Board said that to maintain
the diversity inherent in our federal polity, the scheme outlined in the
Constitution of India to consolidate the nation is not and cannot be uniform.
According to the Board, legal pluralism, which entails the existence of multiple
parallel legal regimes, is globally recognized as an important symbol of
inclusivity, tolerance, and civility. Such exemptions based on diversity are not
limited to personal laws alone and even general laws vary across different states
and regions. The board said that many aspects of Muslim personal law, for
example, age, grounds of prohibited degrees of marriage, the concept of talaq,
and polygamy differ from that of common law.
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