AIMPLB strongly objects to the bill.
Rejecting the Centre’s Muslim Women (Protection of Rights of Marriage) Bill 2017 in its present form, the All-India Muslim Personal Law Board (AIMPLB) has urged the Modi government not to table it in the Parliament and withdraw it.
After a detailed discussion on the Bill during an emergency session of its 51-member working committee on Sunday at Nadwa College in Lucknow, the Board has unanimously decided to reject and oppose the bill in its present form. The Board has also decided that its President Maulana Rabe Hasan Nadvi will apprise the Prime Minister Narendra Modi in detail about Board’s reservations.
The Modi Cabinet has already approved the Muslim Women (Protection of Rights of Marriage) Bill 2017 and the same is likely to be tabled the coming week in the Parliament.
Terming the bill as ‘interference in their religious rights’ and against provisions Articles 14, 15 and 25 of the Indian Constitution, the Board Secretary Jafrayab Jilani alleged that it is against Sharia, self-contradictory, discriminatory and anti-constitutional. “Even the parliamentary procedures of law making were not followed while drafting the present bill. Neither the Board nor stake holders, affected parties and Muslim organisations were consulted before drafting the Bill,” said Jilani.
“The definition of triple talaq given in the Bill is not confined to the Supreme Court verdict of August 22 which had held talaq-e-biddat invalid. It goes beyond that and will apply on all forms of talaq,” pointed Jilani. Secondly, said the Board Secretary, the present bill has made it punishable with fine and reserved the right of children custody to wife which is self-contradictory since there are existing laws and several Supreme Court judgments to address the subsistence issue and custody of the Child.
“How will the husband maintain the wife if he is in jail and then custody of child is given to spouse only after court verifying the welfare of children. Even Saira Bano has not taken custody of her children till date,” said Jilani while objecting to provision in the proposed bill that anyone can complain about the husband even if divorced wife does not want to file a case against the estranged husband.
The Board Secretary said that the proposed bill was against the welfare of the Muslim women in the country and encroaches upon the rights of the children. The Board has also objected to Central government not following parliamentary procedure of law making while drafting the Bill.
“The Centre should withdraw the proposed bill and if it considers necessary to enact such law, it must consult Board and Muslim women organisations to redraft the bill for protecting rights of Muslim women in the country,” suggested Jilani.
The AIMPLB will launch a countrywide awareness campaign about possible consequences of the proposed bill and call upon community members to oppose it. If invited, a high-level delegation of the Board, led by its President Maulana Rabe Hasan Nadvi, may meet the Prime Minister Narendra Modi on the issue.
Significantly, the office-bearers and members from the Shiite Muslims stayed away from the committee meeting. The Board Vice-President Maulana Kalbe Saqdiq and prominent Shia cleric Maulana Kalbe Jawwad were conspicuous by absence.
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