Prominent Islamic organisation Jamiat Ulema-i-Hind today told the Supreme Court there is no scope for interference with the Muslim Personal Law in which triple talaq, ‘nikah halala’ and polygamy are well rooted and stand on much higher pedestal as compared to other customs. In its counter affidavit, the Jamiat stated that the Muslim Personal Law has an element of certainty and is not local or regional in operation.
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“There is no scope for interference with the Muslim Personal Law, which is based on primarily the Holy Quran and the Sunnah of Prophet Muhammad, explained and applied by various scholars of great antiquity and authority after thorough research,” it said. “The protection of peculiarities in personal laws is necessary for securing freedom of religion and bringing uniformity by removing those peculiarities shall be enforcement of Uniform Civil Code by the judicial process, which shall be against the constitutional bar,” it said.
Relying on various apex court judgements, it said that Fundamental Duties as in the Constitution does not not touch upon the personal laws of the parties.
“In personal laws, new concepts of modern times should not be evolved by the courts and it should enforce the law as derived from recognised and authoritative sources of personal laws except where such law is altered by any usage or customs or is modified or abrogated by statute,” the Jamiat said. In its counter affidavit, the Jamiat has also said “the
Muslim Personal Law stands on a much higher pedestal when compared to customs or practices because the former has element of certainty and is not local or regional in operation.”
Referring to Muslim Personal Law (Shariat) Application Act, 1937, the affidavit said that it has highlighted that Muslim women should be allowed to be governed by Muslim Personal Law instead of local customs and practices because the Muslim Personal Law treats “women with greater dignity”.