Several issues were discussed, including inheritance in the case of abandonment, adoption and death, apart from widow remarriage and child marriage.
In the first-ever meeting of the All India Muslim Personal Law Board (AIMPLB) and the Law Commission over the Uniform Civil Code held on Monday, several issues were discussed, including inheritance in the case of abandonment, adoption and death, apart from widow remarriage and child marriage.
For instance, one of the topics under discussion was what happens to the inheritance of a child if the father abandons the family. In this case, while the child has rights over his father's property, the rights are curtailed when it comes to the property of the grandfather. In this regard, the AIMPLB contended that while under Islamic laws, no one is left unattended, the laws do not make any segregation between self-owned and inherited property.
This and nuances under a few other laws under the Uniform Civil Code were discussed by the Law Commission in a meeting on Monday. Issues under adoption and guardianship, remarriage of widows, custody of a child whose father has passed away, and child marriage were other issues that were discussed in the meeting, where the AIMPLB was asked to elaborate on the religion's stand on these matters as part of the Law Commission's consultations.
Both the parties are scheduled to meet after Eid now, where the AIMPLB will bring in references to these laws as per the Quran.
One of the points discussed pertained to the right of a child and a wife if a man abandons them. "Islam does not leave anyone unattended, and so the child has rights to the properties of the father, as well as the grandfather, who has to be the guardian," said AIMPLB member Kamal Faruqui, who was a part of the meeting.
However, the AIMPLB also contended that if guardianship and inheritance issues come up in case the father passes away, then the mother assumes the role of a guardian as well as her parents. "In this case, the child will only be entitled to the father's property and not the grandfather's. The discretion lies with the grandfather," said Faruqui.
Apart from that, AIMPLB contended that widow remarriage is a pious act under Islamic laws, and while she has right to her husband's property, the onus to have her remarried also lies with her parents. As per the discussions, child marriage was also discussed, and the group contended that while child marriage is allowed, there are several conditions attached to it.
Adoption, too, was another issue which was on the agenda. The AIMPLB said that Islam does not recognise adoption, especially in cases where the child's gender is different from those of the prospective parents' biological children. They, however, contended that the parents were within their right to take care of the child, but he or she will not have inheritance rights.
Focus Point
Some of the issues discussed were inheritance in the case of abandonment, adoption and death, apart from widow remarriage and child marriage.
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