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Published On:26 April 2012
Posted by Indian Muslim Observer

AIMPLB Convention: Muslims take pledge to safeguard Shariah at all cost


AIMPLB convention concludes with resolve to intensify ‘Save Constitutional Rights Campaign’


By Pervez Bari


Mumbai: A historic public meeting of the All India Muslim Personal Law Board, (AIMPLB), which was held at the Azad Maidan here on Sunday night, wherein Muslim clerics from different schools of thought in Islam exhorted Muslims to unite and exert pressure on the governments of the day not to tamper with Shariah (Islamic) laws.


A  sea of humanity was witnessed as nearly a lakh Muslims converged from all over Maharashtra to hear the Muslim clerics who are spearheading a campaign to safeguard their constitutional and religious rights. They heard the clerics with rapt attention as how the governments of the day at the Centre and the states have been conniving to deprive them their religious rights as guaranteed in the Indian Constitution.


The Azad Maidan echoed with “Nara-e-Takbeer Allah-o-Akbar” at regular intervals as the air became thick with religious fervour and emotions all over. All Muslims at the venue took the pledge by raising their hands to safeguard the Muslim personal laws.


Maulana Syed Mohammad Rabey Hasani Nadvi, President of AIMPLB, addressing the overflowing gathering declared Muslims can sacrifice their lives but can never tolerate interference in the Shariah laws. He emphatically said AIMPLB, which has always been vigilant in safeguarding the Shariah laws, will force the government to amend the Right to Education Act (RTE), scrap the Direct Taxes code Bill and bring changes in the Waqf Amendment Bill 2010.


The public meeting was organised at the end of the three-day 22nd convention of the AIMPLB here on Sunday.  The traffic police had a tough time to regulate traffic around Azad Maidan as many a times road jam occurred around the venue of the public meeting.


Earlier the convention of the AIMPLB concluded here at Hajj House on Sunday (April 22, 2012) with a resolve to intensify its “Aaeenee Huqooq Bachao Muhim” (Save Constitutional Rights Campaign) started in November 2010.


An 11-point resolutions were adopted by voice vote at the end of the convention which laid emphasis on amendments to rectify lacunae in different Acts like RTE, Direct Tax Code Bill, Waqf Amendment Act 2010. The convention directed the “Aaeenee Huqooq Bachao Muhim” to strengthen it further and organise it in a consolidated manner while developing rapport with different secular parties of the country.  Further in states where it is hoped that the state governments hold helping attitude towards the demands there efforts be made to get the RTE and Waqf Acts amended in the state assemblies as per the wishes of AIMPLB.


The AIMPLB has been the running the Save Constitutional Rights Campaign and has held meetings in all the major towns and cities in the country to create awareness about the negative effects of the RTE Act on the educational fabric of the country.


At the fag end of the 22nd convention of AIMPLB a document “Mumbai Aa’laamiya” (Mumbai Declaration) was released which exhorted the Muslims to adopt Shariah (Islamic ) laws in their day to day life and not ape Western civilization to mar their “Akhirat” (life Hereafter). If they do not practice Islamic laws practically then why would the governments of the day safeguard it. The document urged the Muslims to get their family problems adjudicated by “Dar-ul-Qaza” (Islamic courts) and accept the judgement passed by Qazi in the light of the commandments of the holy Quran and Sunnah whole-heartedly without any incrimination whatsoever.


The AIMPLB convention appreciated the written assurance of Uttar Pradesh Chief Minister Akhilesh Yadav to amend the inheritance rule in UP Agriculture Land and the right to Inheritance of women in the state to grant married `Muslim women’s share in it. The AIMPLB hoped that the chief minister would carry out his assurance within three months time.


Earlier, Maulana Rabey Nadvi in his concluding remarks at the end of the convention expressed his happiness that a joint platform has been working successfully for the lat 40 years since its inception here in Mumbai in 1972 to safeguard the religious and constitutional rights of Muslims. This has been possible because the Muslim Ummah in the country, despite professing various school of thoughts in Islam, have maintained unity by sacrificing their egos. The Indian Constitution has given right to challenge the violation of their rights as guaranteed by it.


The AIMPLB has urged the Union Government to concede the demand to amend the Right to Education (RTE) Act and get it passed by the Parliament at the earliest as the HRD Minister Mr. Kapil Sibal has assured many a times to do so. Despite the recent Supreme Court judgement the Madarsas and Muslim religious institutions do not get the exemption from the RTE Act as rights given to minority institutions under  Articles 29 and 30 are violated, the resolution said.


Maulana Syed Wali Rahmani, Secretary of AIMPLB, who is the national convenor of the Board’s action Committee to save constitutional rights, addressing the convention on the third day said there are many sections in the RTE Act 2009 which if not amended, would collapse our entire education system and would ultimately push India into chaos. The  sections 17 (5) and 18 (1) of the RTE Act bar setting up of schools without prior permission and set guidelines about the school curriculum.


“These sections are in direct conflict of the rights given to the religious and linguistic minorities under Articles 29 and  30 of the Indian Constitution”, Maulana Rahmani pointed out. Not only the AIMPLB but other Muslim scholars have opposed the Act on various grounds, he added.
He said that the recent decision of Apex court was an incomplete judgement. It has said that only the unaided minority institutions have been exempted from the purview of the Act but the aided minority institutions have not been exempted although the status of a minority institution is not affected if it receives government grant. The religious institutions come under Article 26 and have the right to run without government education.


He said, “The definition of elementary education is the syllabus formed by  the state government boards or CBSE and  other government boards are called elementary education. But Madarsas or minority institutions have their own syllabus. In this sense, they do not provide elementary education. Therefore, they commit a punishable offence of not providing elementary education to children between 6 to 14 years of age. And the parents  who admit their children in these Madarsas commit a punishable act. That’s why the AIMPLB has demanded that both aided and unaided minority institutions should be exempted from the RTE Act.”  


The convention appealed to the government to amend the Waqf Amendment Act 2010 as per the proposal of the Board as there are still lacuna in it despite Select Committee Report. Similarly, the Direct Tax Code Bill should be amended in a such way that religious places and charitable institutions are exempted from Income Tax and Wealth Tax in an explicit manner.


The convention called that those Nikah which have not been registered should not be considered illegal. The marriage registration should be simplified and the registration must be linked with those persons who solemnise marriages like “Nikah Khwan” or Imams. From them the government agencies can take details of Nikah and computerise it for records as the record of births of children are taken from hospitals and maternity homes.


The resolution demanded to allow Muslims to offer prayers in such Masjids which have been banned by the Archaeological Survey of India as it is their religious right which cannot be curbed. The management of such Masjids be handed over to respective Waqf Boards for maintenance.


The AIMPLB has urged the Union Government to exempt Muslims from the proposed legislation to mention the name of mother as the first guardian in the name of birth certificates of children. This is against from the Islamic point of view as the right of guardianship of children is father and as such he is responsible.


[Pervez Bari is a senior Journalist based at Bhopal, Madhya Pradesh. He is associated with IndianMuslimObserver.com as Bureau Chief (Madhya Pradesh). He can be contacted at pervezbari@eth.net]

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Posted by Indian Muslim Observer on April 26, 2012. Filed under , , , , . You can follow any responses to this entry through the RSS 2.0. Feel free to leave a response

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