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Tag: AIMPLB

  • Babri Masjid demolition case: AIMPLB to move SC against CBI court acquittal of 32 accused

    By PTI

    AYODHYA: The All India Muslim Personal Law Board (AIMPLB) will move the Supreme Court against a CBI special court acquittal of all the 32 accused in the 1992 Babri Masjid demolition case, an official of the board said on Wednesday.

    The CBI court had on September 30, 2020 acquitted the accused including former deputy prime minister L K Advani in the case after which two Ayodhya residents — Haji Mahboob and Syed Akhlaq — moved a revision petition before the Allahabad High Court.

    A two-judge bench of the High Court rejected the revision petition on November 9 this year, saying the appellants had no locus to challenge the judgment as they were not victims of the case.

    AIMPLB executive member and spokesperson Syed Qasil Rasool Ilyas said the board has now decided to move the Supreme Court against the acquittal.

    “We are certainly going to approach the Supreme Court as the apex court in the Ayodhya Verdict itself has accepted that the demolition of Babri Masjid was a criminal act,” he told PTI.

    “The five-judge Supreme Court bench that delivered the historic Ayodhya verdict had termed the Babri Masjid destruction a serious violation of the rule of law and the accused are still out of the reach of Law,” he added.

    He said appellants Haji Mahboob and Syed Akhlaq were CBI witnesses and their houses were attacked and burnt on December 6, 1992 by a mob that was gathered by the accused.

    He said Mahboob and Akhlaq lived in the close vicinity of Babri Masjid.

    Mahboob and Akhlaq had moved the High Court on January 8, 2021 against the CBI Court judgement.

    While rejecting the petition, the High Court said in its order, “In view of the foregoing discussion, this Court is of the opinion that the instant criminal appeal filed on behalf of the appellants under Section 372 Cr.P.C., under the facts and circumstances of the case, is liable to be dismissed on the ground of non-availability of the locus of the appellants to challenge the impugned judgment and order dated September, 30, 2020 passed by the trial Court, hence the same is, accordingly, dismissed.”

    AYODHYA: The All India Muslim Personal Law Board (AIMPLB) will move the Supreme Court against a CBI special court acquittal of all the 32 accused in the 1992 Babri Masjid demolition case, an official of the board said on Wednesday.

    The CBI court had on September 30, 2020 acquitted the accused including former deputy prime minister L K Advani in the case after which two Ayodhya residents — Haji Mahboob and Syed Akhlaq — moved a revision petition before the Allahabad High Court.

    A two-judge bench of the High Court rejected the revision petition on November 9 this year, saying the appellants had no locus to challenge the judgment as they were not victims of the case.

    AIMPLB executive member and spokesperson Syed Qasil Rasool Ilyas said the board has now decided to move the Supreme Court against the acquittal.

    “We are certainly going to approach the Supreme Court as the apex court in the Ayodhya Verdict itself has accepted that the demolition of Babri Masjid was a criminal act,” he told PTI.

    “The five-judge Supreme Court bench that delivered the historic Ayodhya verdict had termed the Babri Masjid destruction a serious violation of the rule of law and the accused are still out of the reach of Law,” he added.

    He said appellants Haji Mahboob and Syed Akhlaq were CBI witnesses and their houses were attacked and burnt on December 6, 1992 by a mob that was gathered by the accused.

    He said Mahboob and Akhlaq lived in the close vicinity of Babri Masjid.

    Mahboob and Akhlaq had moved the High Court on January 8, 2021 against the CBI Court judgement.

    While rejecting the petition, the High Court said in its order, “In view of the foregoing discussion, this Court is of the opinion that the instant criminal appeal filed on behalf of the appellants under Section 372 Cr.P.C., under the facts and circumstances of the case, is liable to be dismissed on the ground of non-availability of the locus of the appellants to challenge the impugned judgment and order dated September, 30, 2020 passed by the trial Court, hence the same is, accordingly, dismissed.”

  • AIMPLB alleges bias against madrassas in BJP-ruled states

    By PTI

    NEW DELHI: The All India Muslim Personal Law Board has expressed concern over the alleged targeting of madrassas by the BJP-led central and state governments and asked why same rules do not apply for other religious institutions such as mutts, gurukuls and dharmshalas.

    In a statement, AIMPLB general secretary Maulana Khalid Saifullah Rahmani alleged that the governments of a party, which is influenced by the RSS, at the Centre and in some states were having a negative approach towards minorities, especially the Muslim community.

    “When a party influenced by a certain thought comes to power, it is expected that its approach will be unbiased and within the frame of our Constitution,” he said.

    Rahmani said Prime Minister Narendra Modi himself has spoken in parliament and other places about the importance of law and order but various state governments where the BJP is in power, their attitude is the opposite.

    “The way in which BJP governments in Assam and UP have been after the madrassas over very small violations and are targeting the madrassas by closing, bulldozing them and even harassing people working in the madrasas and masjids by alleging that they were terrorists without any reason,” he said, according to a statement issued on Thursday.

    Also, prominent people coming from outside the country have to face bans and restrictions, which is a gross violation of the Constitution, he said.

    “If bulldozing buildings is the only option for any violation then why don’t they take a similar approach for gurukuls, mutts and dharmshalas as they do in the case of madrassas and mosques,” Rahmani asked.

    It seems that the government is doing things at its own will and not following what is written in the Constitution, he alleged.

    The Muslim Personal Law Board condemns such a biased approach and requests governments to follow what is written in the Constitution and practise it with patience, he added.

    The statement came after the Uttar Pradesh government on Wednesday announced a survey of unrecognised madrassas in the state to gather information about the number of teachers, curriculum, and basic facilities available there, among others.

    Meanwhile, the Assam government’s ongoing drive to demolish madrassas for their connection to alleged “‘jihadi activities” has drawn sharp criticism from the Opposition, which has termed the exercise as “totally illegal” and targeted at “one partcular community”.

    Three madrassas have been demolished by the BJP government within the last one month in different parts of the state after arresting their teachers, who were found to be allegedly involved in “jihadi” activities.

    However, on each occasion the official reason for bringing down the structures are related to faulty construction or violation of land norms instead of any link with jihadi activities.

    It is only the political leaders from the ruling dispensation who usually give statements in the media that the madrassas have been demolished for allegedly carrying out jihadi activities from their premises.

    The administration bulldozed madrassas at Moirabari in Morigaon district on August 4, at Dhakaliapara in Barpeta on August 29 and at Jogighopa in Bongaigaon on August 31.

    “The Moirabari madrassa was demolished after a notice was sent to it saying that the building was small and the electricity connection was illegal. The one at Dhakaliapara one was demolished as it was on government land,” All Assam Tanzim Madaris Qawmiya secretary Abdul Kadir told PTI.

    The two-storeyed residential madrassa at Jogighopa was razed to the ground for violating disaster norms and the authorities asked the boarders to vacate the premises at 10 pm the previous night, he claimed.

    “We have been cooperating with the law enforcing agencies if someone is found doing something wrong. But that does not mean that the entire institution is at fault. What is the point in demolishing an educational centre?” asked Kadir.

    From April 1 last year, 610 state-run madrassas in Assam were converted into upper primary, high and higher secondary schools with no change of status, pay, allowances and service conditions for the teaching and non-teaching staff.

    Following it, the State Madrassa Education Board, Assam was dissolved and the last Assam High Madrassa examination by the Board of Secondary Education, Assam (SEBA) for Class 10 students took place in 2022.

    At present, there are about 1,000 private madrassas, which are run according to the guidelines and syllabus of the All Assam Tanzim Madaris Qawmiya (AATMQ).

    AATMQ offers general courses till class eight and theology thereafter.

    From this year those wishing to study general courses for classes 9 and 10 in madrassas will be able to appear for the exams under an open schooling system with its support.

    Meanwhile, a senior official of the SEBA said that about 10 private madrassas have approached it for converting those into general schools, which was done after following the due process.

    Opposition senior Congress leader Rakibul Hussain hit out at the Himanta Biswa Sarma government for the demolitions, “It is unconstitutional to destroy the madrassas.

    The chief minister said that the suspected jihadis entered Assam or started their activities within the last three year. If so, then only the BJP has to be blamed as they are in power since 2016.”

    He also alleged that Sarma is making contradictory statements as he had praised the madrassas as centres of spiritualism during his days in the Congress, but is now blaming them for anti-social activities.

    Opposition All India United Democratic Front (AIUDF) said that the Assam government is “totally wrong” in bulldozing the educational centres on the pretext of curbing jihadi activities.

    “If there were something wrong, then rectify those. After all these madrassas are imparting education. Demolishing the madrassas is an expression of hatred against one particular community,” AIUDF MLA Ashraful Hussain said.

    He also said that Assam state Jamiat Ulama-e-Hind, headed by AIUDF chief Badruddin Ajmal, and AATMQ are considering approaching the court against the demolition of the madrassas.

    CPI(M) state secretary Suprakash Talukdar said the party is totally against the demolition of madrassas as arresting a suspect is not the final step of the justice delivery system.

    “The government is breaking all laws. Who is responsible for demolishing a centre of education? Who will pay for its costs? These are usually constructed with public donations,” he said.

    “The government has become more intolerant. We have also seen a lot of cases against the alleged jihadi elements. But what is the fate of those cases? Were those accused convicted?” he asked.

    More than 40 people with suspected links to jihadi elements, including Bangladeshi nationals, have been arrested in the state since March this year.

    NEW DELHI: The All India Muslim Personal Law Board has expressed concern over the alleged targeting of madrassas by the BJP-led central and state governments and asked why same rules do not apply for other religious institutions such as mutts, gurukuls and dharmshalas.

    In a statement, AIMPLB general secretary Maulana Khalid Saifullah Rahmani alleged that the governments of a party, which is influenced by the RSS, at the Centre and in some states were having a negative approach towards minorities, especially the Muslim community.

    “When a party influenced by a certain thought comes to power, it is expected that its approach will be unbiased and within the frame of our Constitution,” he said.

    Rahmani said Prime Minister Narendra Modi himself has spoken in parliament and other places about the importance of law and order but various state governments where the BJP is in power, their attitude is the opposite.

    “The way in which BJP governments in Assam and UP have been after the madrassas over very small violations and are targeting the madrassas by closing, bulldozing them and even harassing people working in the madrasas and masjids by alleging that they were terrorists without any reason,” he said, according to a statement issued on Thursday.

    Also, prominent people coming from outside the country have to face bans and restrictions, which is a gross violation of the Constitution, he said.

    “If bulldozing buildings is the only option for any violation then why don’t they take a similar approach for gurukuls, mutts and dharmshalas as they do in the case of madrassas and mosques,” Rahmani asked.

    It seems that the government is doing things at its own will and not following what is written in the Constitution, he alleged.

    The Muslim Personal Law Board condemns such a biased approach and requests governments to follow what is written in the Constitution and practise it with patience, he added.

    The statement came after the Uttar Pradesh government on Wednesday announced a survey of unrecognised madrassas in the state to gather information about the number of teachers, curriculum, and basic facilities available there, among others.

    Meanwhile, the Assam government’s ongoing drive to demolish madrassas for their connection to alleged “‘jihadi activities” has drawn sharp criticism from the Opposition, which has termed the exercise as “totally illegal” and targeted at “one partcular community”.

    Three madrassas have been demolished by the BJP government within the last one month in different parts of the state after arresting their teachers, who were found to be allegedly involved in “jihadi” activities.

    However, on each occasion the official reason for bringing down the structures are related to faulty construction or violation of land norms instead of any link with jihadi activities.

    It is only the political leaders from the ruling dispensation who usually give statements in the media that the madrassas have been demolished for allegedly carrying out jihadi activities from their premises.

    The administration bulldozed madrassas at Moirabari in Morigaon district on August 4, at Dhakaliapara in Barpeta on August 29 and at Jogighopa in Bongaigaon on August 31.

    “The Moirabari madrassa was demolished after a notice was sent to it saying that the building was small and the electricity connection was illegal. The one at Dhakaliapara one was demolished as it was on government land,” All Assam Tanzim Madaris Qawmiya secretary Abdul Kadir told PTI.

    The two-storeyed residential madrassa at Jogighopa was razed to the ground for violating disaster norms and the authorities asked the boarders to vacate the premises at 10 pm the previous night, he claimed.

    “We have been cooperating with the law enforcing agencies if someone is found doing something wrong. But that does not mean that the entire institution is at fault. What is the point in demolishing an educational centre?” asked Kadir.

    From April 1 last year, 610 state-run madrassas in Assam were converted into upper primary, high and higher secondary schools with no change of status, pay, allowances and service conditions for the teaching and non-teaching staff.

    Following it, the State Madrassa Education Board, Assam was dissolved and the last Assam High Madrassa examination by the Board of Secondary Education, Assam (SEBA) for Class 10 students took place in 2022.

    At present, there are about 1,000 private madrassas, which are run according to the guidelines and syllabus of the All Assam Tanzim Madaris Qawmiya (AATMQ).

    AATMQ offers general courses till class eight and theology thereafter.

    From this year those wishing to study general courses for classes 9 and 10 in madrassas will be able to appear for the exams under an open schooling system with its support.

    Meanwhile, a senior official of the SEBA said that about 10 private madrassas have approached it for converting those into general schools, which was done after following the due process.

    Opposition senior Congress leader Rakibul Hussain hit out at the Himanta Biswa Sarma government for the demolitions, “It is unconstitutional to destroy the madrassas.

    The chief minister said that the suspected jihadis entered Assam or started their activities within the last three year. If so, then only the BJP has to be blamed as they are in power since 2016.”

    He also alleged that Sarma is making contradictory statements as he had praised the madrassas as centres of spiritualism during his days in the Congress, but is now blaming them for anti-social activities.

    Opposition All India United Democratic Front (AIUDF) said that the Assam government is “totally wrong” in bulldozing the educational centres on the pretext of curbing jihadi activities.

    “If there were something wrong, then rectify those. After all these madrassas are imparting education. Demolishing the madrassas is an expression of hatred against one particular community,” AIUDF MLA Ashraful Hussain said.

    He also said that Assam state Jamiat Ulama-e-Hind, headed by AIUDF chief Badruddin Ajmal, and AATMQ are considering approaching the court against the demolition of the madrassas.

    CPI(M) state secretary Suprakash Talukdar said the party is totally against the demolition of madrassas as arresting a suspect is not the final step of the justice delivery system.

    “The government is breaking all laws. Who is responsible for demolishing a centre of education? Who will pay for its costs? These are usually constructed with public donations,” he said.

    “The government has become more intolerant. We have also seen a lot of cases against the alleged jihadi elements. But what is the fate of those cases? Were those accused convicted?” he asked.

    More than 40 people with suspected links to jihadi elements, including Bangladeshi nationals, have been arrested in the state since March this year.

  • Prophet remark fallout: Don’t go to TV debates, Muslim personal law board tells Islamic scholars

    By Online Desk

    The All India Muslim Personal Law Board (AIMPLB) on Friday appealed to Muslim scholars and Ulemas (Maulvis) not to participate in TV channel debates.

    “By participating in programs, they are not able to do any service to Islam and Muslims, but indirectly insult and ridicule Islam and Muslims,” the Muslim body said in an advisory.

    The @AIMPLB_Official has appealed to Islamic Scholars/Ulemas and Muslim Intellectuals not to participate in TV Channel debates. pic.twitter.com/ASgjUuDUG3
    — Muslim Spaces (@MuslimSpaces) June 10, 2022
    AIMPLB said that the Muslim Scholars and Ulemas should boycott those channels whose only objective is to ridicule Islam and Muslims. “If we boycott their programmes, not only their TRPs will fall but they will also miserably fail in their objectives,” AIMPLB said.

    The Muslim body added that participation in the TV debates does not serve Islam and Muslims. Rather, it indirectly insults and ridicules the sect.

    “The purpose of these programme is never to reach a conclusion through constructive debate. They invite a Muslim scholar only to prove their ‘fairness’ and our scholars and ulemas fall prey to their conspiracies,” the board said.

  • ‘Cow as national animal will strengthen brotherhood’: Muslims welcome HC observation

    Express News Service

    LUCKNOW: The Allahabad High Court observation that the cow should be declared as the national animal has received accolades from Muslim clerics.

    They welcomed the court’s suggestion saying that such a move would only strengthen brotherhood and unity among different sections of the society.

    Giving his take on the High Court observation, a member of All India Muslim Personal Law Board, chairman Islamic Centre of India and prominent Sunni cleric Maulana Khalid Rashid Firangi Mahali said that the High Court observation should be brought into practice. “I welcome the HC observation. We have been living with amity and brotherhood in this country for ages.  Even Mughal ruler Babur had asked his successor and son Humayun to respect Hindu sentiments and to ban cow slaughter,” said the Maulana.

    Similarly, Shia cleric Maulana Yasoob Abbas, general secretary of All India Shia Personal Law Board, also backed the suggestion, saying: “We already have a firm belief that if any animal is associated with faith, it should not be hurt. Cow slaughter is forbidden if it hurts the sentiments of other religions. This is the real message of Islam and Indian culture.” Former chairman of Shia Central Waqf Board, Waseem Rizvi too hailed the High Court order saying it would be an honour for the nation to declare cow the national animal. “Those who slaughter cow should think before doing so that they are not slaughtering just an animal but their mother,” said Rizvi.

    ALSO READ | Day after HC observation, activist urges Centre to pass law to declare cows as national animal

    The Allahabad High Court had made a remark about declaring cow as the national animal while rejecting the bail application of a person named Javed who was arrested and sent to jail in an FIR registered under the Prevention of Cow Slaughter Act at Nakhasa police station in UP’s Sambhal district. Javed was booked under Section 378 of IPC and also 3/5/8 of Prevention of Cow Slaughter Act for cow theft, its slaughtering, and preserving its meat.

    Not only did the court offer this suggestion, it also directly linked the incidents of cow slaughter with the problem of the Taliban, warned people that they should not forget the takeover of Afghanistan by the Taliban.

    The Allahabad High Court judge Justice Shekhar Kumar Yadav not only asked for declaring the cow India’s “national animal” he had claimed in his 12-page order written in Hindi that scientists believed cow was the only animal that inhaled and exhaled oxygen.

    As per the order of Justice Yadav, it is a tradition in Indian households to use ghee made of cow milk in each oblation during a yajna because it gave special energy to sunrays, which ultimately cause rain.

    The judge has elaborated on the virtues of products received from a cow. He has claimed in his order that Panchgavya, made of cow milk, curd, ghee, urine, and cow dung, helped in the treatment of several incurable diseases.

    Quoting Arya Samaj founder Dayanand Saraswati, Justice Yadav says a cow, in her lifetime, contributes milk to over 400 humans but her meat can feed just 80 people. “Jesus Christ said that killing a cow or an ox is like killing a human.”

  • Inter-faith marriage illegal as per Sharia law: Muslim law board

    Express News Service

    LUCKNOW: The All India Muslim Personal Law Board (AIMPLB) has suggested the Muslim community not to enter into any matrimonial tie-up with non-Muslims. The Board has said that marriage between Muslims and non-Muslims is “invalid” and “regretful”.

    Issuing a document in this regard, AIMPLB’s acting general secretary Maulana Khalid Saifullah Rahmani underlined the steps parents, guardians, representatives of mosques, and madrassas across the country should take to stop inter-religious marriages.

    Marriage between a Muslim and a non-Muslim was considered invalid even if it appeared to be valid by societal standards. “It is not considered legal as per the norms of Sharia,” said Maulana Rahmani while talking to media persons.

    The factors like co-working spaces, parental nurturing and lack of religious teaching led to such relationships to take place wherein Muslims entered into a wedlock with non-muslims, said the board member.

    ALSO READ | Protocols in place to protect inter-faith couples

    Giving a reason to issue the guidelines, Maulana claimed that it was imperative to take steps in that direction as a number of Muslim girls went away with non-Muslim boys but later had to face hardships or ended up losing their lives.

    In the seven-point directive to the Muslim community, the board said that parents should be watchful of the use of mobile phones by their children and not admit their children, especially girls in co-education schools.

    The Muslim parents are advised not to delay marriage of their children, especially girls since “late marriages give rise to more such problems.” It also asked for weddings to be solemnized with simplicity.

    It further asked the religious leaders of the community to take Friday sermons on regular basis and clerics to hold gatherings on teachings of the religion on marriage within the Muslim community.

    “Generally when such marriages take place, a notice is put up outside the marriage registry office with their names. It is an appeal to religious organisations, social workers, madrasa teachers, and other responsible citizens, to visit the homes of these youngsters to motivate them against falling into a fit of passion. Not just after death but in life, too, such marriages of momentary passions are falling apart,” the document read.

  • Triple talaq law disastrous, says Muslim Law Board

    By Express News Service
    NEW DELHI:  Triple talaq law is disastrous for Muslim women and increases difficulties for them, the All India Muslim Personal Law Board said on Sunday, commenting on the Centre’s decision to celebrate August 1 as Muslim Women Day.

    “In the pretext of Triple talaq law, today Central government has announced to celebrate Muslim Women Day. On this Board’s Working General Secretary @hmksrahmani expressed his views stating that Triple talaq law is disastrous for Muslim women. It has increased difficulties for Muslim women,” tweeted All India Muslim Personal Law Board. 

    Stepping in from the government’s side was Union Minorities minister Mukhtar Abbas Naqvi, who defended the abolition of triple talaq claiming that the law to criminalise triple talaq has reduced such instances by 80 per cent. The law came into effect on August 1, 2019 and banned instant divorce, known as triple talaq.

    In a function on triple talaq Naqvi attended with colleagues Smriti Irani and Bhupender Yadav, he said, “Cases of triple talaq have dropped by 80% since the Muslim Women (Protection Of Rights On Marriage) Act was enacted. In Uttar Pradesh, there were over 63,000 cases. After enactment of the law, cases dropped to 221. Bihar registered 49 cases after enactment of the Muslim Women (Protection Of Rights On Marriage) Act.” 

    AIMIM chief Asaduddin Owaisi said, “This law will lead to more exploitation of Muslim women and add to their problems. Only cases will be registered and no justice will be delivered. Muslims have not accepted it.” 

    Irani, Union Minister of Women and Child Development, said Muslim Women Day is to salute the spirit and struggle of Muslim women. 

  • Muslim body launches campaign to prevent dowry, asks clerics to not solemnise such weddings

    Express News Service
    NEW DELHI: Nearly a month after a 23-year-old woman died by suicide allegedly due to dowry harassment, the All India Muslim Personal Law Board (AIMPLB) has directed clerics to not solemnise weddings where such demands are made by the groom’s family. The campaign has already started in Maharashtra, Gujarat, Telangana, Madhya Pradesh, and Karnataka and will soon be launched in all other states and Union Territories too, the prominent Muslim body said.

    “It has been decided where there is a forced dealing of dowry in marriage, Ulama and Qazis would not participate in that marriage. This initiative is necessary for the protection of the daughters,” the AIMPLB said.

    The Social Reform Committee of AIMPLB has launched a campaign to make Marriages simple, easy & prevent unnecessary ceremonies & customs, especially Demands of dowry & oppression on daughters & daughter in laws. @MaulanaUmrain, d Secretary of the Board, is heading d campaign.(1/3)
    — All India Muslim Personal Law Board (@AIMPLB_Official) March 21, 2021

    The Muslim body also called upon the community to make marriages simple, convenient and easy. “Muslims should not hold marriage ceremonies in big hotels and expensive wedding halls. In the same way, avoid the customary dowry, barat and other rituals and save yourself and others. Treat your wives well, and achieve success and prosperity by adopting Islamic teachings,” said Maulana Muhammad Rabe Hasani Nadvi, President of AIMPLB.

    Secretary of the Board Maulana Umrain Mahfuz Rahmani said that the campaign is aimed at urging the community to make marriages simple, easy and prevent unnecessary ceremonies and customs, especially demands of dowry that lead to oppression of daughters and daughters-in-law. “This campaign has been started in Maharashtra, Gujarat, Telangana, Madhya Pradesh, and Karnataka by holding meetings with scholars and social workers of these states. The campaign will start in other states too in a few days, insha’Allah,” the Muslim body stated.

    The development comes days after a woman from Ahmedabad died by suicide due to drowning in Sabarmati river. Before jumping into the river, the woman made a video in which she asked her father to drop the case of domestic violence against her husband and in-laws. It was later revealed that her husband and in-laws used to abuse her physically for dowry. The video caused a lot of stir in the society and her husband was later arrested.

  • AIMPLB member appeals to imams to spread awareness against dowry

    By PTI
    LUCKNOW: A senior member of the All India Muslim Personal Law Board (AIMPLB) has appealed to imams to conduct an awareness campaign against dowry, days after a Muslim woman committed suicide by jumping into the Sabarmati river in Gujarat.

    Khalid Rashid Farangi Mahali said the death of Ayesha Arif Khan due to dowry has concerned the entire Muslim community.

    There is an appeal to imams of all mosques to clearly state Islamic decrees, rights and duties of wives and husbands before Friday prayers.

    These should be explained in simple language so that “tragic incidents like Ayesha’s suicide can be averted,” he added.

    Demand of dowry is “Haraam” and against Islamic law, but some people still follow such an “un-Islamic and non-human practice”, he said.

    On February 25, Ayesha (23) committed suicide by jumping into the Sabarmati river in Ahmedabad in Gujarat soon after recording a video on her mobile phone.

    According to a complaint lodged by her father with police a day later, Ayesha’s husband Arif Babukhan inflicted mental torture on her for dowry since their marriage in 2018.

    In the video, which went viral on social media, Ayesha can be heard saying she is not taking the step under any pressure.

    Ayesha’s husband, a resident of Rajasthan, has subsequently been arrested.

  • Muslim Law Board moves SC opposing plea seeking ‘uniform grounds of divorce’ for all citizens

    By PTI
    NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) has moved the Supreme Court against a plea seeking “uniform grounds of divorce” for all citizens of the country, keeping with the spirit of the Constitution and international conventions.

    The AIMPLB has opposed the plea filed by advocate and BJP leader Ashwini Kumar Upadhyay seeking uniform grounds of divorce on the basis that personal laws cannot be tested on the anvil of Articles 14, 15, 21 and 44 of the Constitution.

    “The applicant would like to submit that the expression and ‘Custom and Usage’ in Article 13 of the Constitution does not include faith of a religious denomination embedded in personal laws,” the plea said while seeking impleadment in the petition filed by Upadhyay. 

    “The Constituent Assembly was aware of the distinction between ‘personal law’ and the ‘custom and usage’ and chose advisedly to exclude personal law and include custom and usage in Article 13 of the Constitution,” it said.

    The Board in its plea submitted that the laws relating to marriage and divorce amongst the Hindus themselves are not uniform and thus the customs and practices have been protected by the statute itself.

    The top court on December 16 last year had issued notice to the Centre on the plea filed by Upadhyay.

    His plea sought directions to the Centre to take steps to remove anomalies in divorce laws and make them uniform for all citizens, without any prejudice on the basis of religion, race, cast, sex or place of birth.

    “The court may declare that the discriminatory grounds of divorce are violative of Articles 14, 15, 21 and frame guidelines for ‘Uniform Grounds of Divorce’ for all citizens,” it said.

    While Article 13 of the Constitution deals with laws that are inconsistent with or in derogation of the fundamental rights, Article 14 guarantees equality before law to all citizens.

    Article 21 pertains to the protection of life and personal liberty whereas Article 44 talks about a uniform civil code for the citizens.

    “Alternatively, this court may direct the Law Commission to examine the laws of divorce and suggest ‘Uniform Grounds of Divorce’ for all citizens in the spirit of Articles 14, 15, 21, 44 within three months, while considering international laws and international conventions,” the plea said.

    Hindus, Buddhists, Sikhs and Jains have to seek divorce under the Hindu Marriage Act, 1955. Muslims, Christians and Parsis have their own personal laws.

    A couple belonging to different religions has to seek divorce under the Special Marriage Act, 1956,” it said. If either partner is a foreign national then that person has to seek divorce under the Foreign Marriage Act, 1969.

      Hence, the grounds of divorce are neither gender neutral nor religion neutral, the plea said.

    The PIL said the “injury” caused to the public due to this is large because divorce is among the most traumatic misfortunes for both men and women, but even after 73 years of independence, divorce procedures are very complex in the country.