New Delhi, March 12: The All India Muslim Personal Law Board (AIMPLB) has strongly condemned a petition filed in the Supreme Court seeking to invalidate the Islamic heritage law. The board labeled the petition as ‘malicious’ and ‘baseless,’ asserting that it directly violates the fundamental right to religious freedom guaranteed under Article 25 of the Constitution.
Board spokesperson Dr. Syed Qasim Rasool Ilyas stated in a press release that the Bombay High Court had previously ruled in the ‘Narsu Appa Mali’ case that personal laws cannot be subjected to constitutional scrutiny. He emphasized, “The claim that Islamic heritage law is not an essential religious practice completely disregards the religious nature of Sharia-based family laws. Islamic family law is derived directly from the Quran and Sunnah, and adherence to it is mandatory for Muslims.”
Dr. Ilyas dismissed allegations that Islamic inheritance rules discriminate against Muslim women. He remarked, “Islam grants equal respect to both men and women, but their responsibilities differ. Men are fully responsible for providing for the household, while women are exempt from such obligations. Women have full rights over the inheritance received from their parents or their earnings, and they are not obligated to contribute to household expenses.”
He further explained that the Islamic inheritance system includes numerous scenarios where women receive equal or sometimes greater shares than men. In some cases, only women inherit. This system aligns with human nature and social needs. Islam granted women rights at a time when they were not even considered human.
Commenting on the Chief Justice of India’s remarks regarding the Uniform Civil Code (UCC), Dr. Ilyas stated that it merely reiterates previous Supreme Court decisions. Article 44 of Part 4 of the Constitution presents the UCC as a directive principle that cannot be enforced compulsorily. The Constituent Assembly made it clear that it would not be imposed on Muslims without their consent, as doing so would contravene Article 25. The board has already challenged the UCC implemented in Uttarakhand in the High Court, deeming it illegal and unconstitutional.
The board asserted that claims of discrimination against Muslim women serve as a pretext for interference in Sharia. Indian Muslims will never tolerate such interference. The Law Commission of India received feedback from over 50 million Muslims (predominantly women) opposing the UCC. Therefore, claims of a desire for change among Muslim women are nothing but false propaganda.
The AIMPLB has urged the Supreme Court to dismiss the petition from the ‘Naya Nari Foundation,’ which challenges the Islamic heritage law. The board described this as an attack on religious freedom, stating that alterations to personal laws would impact the religious identity of Muslims.
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