ULEMA DISAPPROVE TAMIL NADU MARRIAGE LAW

Ulema disapprove Tamil Nadu marriage law
Submitted by admin on 15 January 2010 - 7:23pm.
Indian Muslim
By V.M. Khaleelur Rahman for TwoCircles.net

A high power joint meeting of different Muslim organisations such as the Jamaat-ul-Ulema, Jamiat-ul-Ulema, Jamaat-e-Islami and Jamiat Ahle Hadees was held on Thursday, 14th January 2010 in Vellore (Tamil Nadu) in which the newly enacted Registration of Marriages Act 2009 of Tamil Nadu was discussed in detail.

Maulana Waliullah saheb, founder and principal, Madrasa Madinul Uloom, Vaniyambadi presided and Maulana Ayub Rahmani saheb, Member of All India Muslim Personal Law Board, conducted the meeting in a very dignified manner.

Among the speakers were Maulana A.E.M. Abdur Rahman saheb, President, Jamaat-ul-Ulema, Maulana Ahmed Kabeer saheb, President, Tamil Nadu unit of the Jamiat-ul-ulema-e-Hind, Maulana Khaleelur Rahman Azami saheb, former Principal, Jamia Darus salam, Omerabad, Maulana Mufti Salahuddin saheb, Imam and Khateeb, Jama Masjid, Ambur, Janab Patel Mohammed Yousuf sahib,, Member Shoora committee, Jamat-e-Islami Hind, Thiru Gyanesekaran saheb, Congress M.L.A., Janab M. Abdur Rahman saheb, Muslim League M.P., and Janab Abdul Basith saheb, Muslim League M.L.A.

On the whole about 500 ulema, muthawallis and other representatives of different places like Ambur, Vaniyambadi, Vellore, Gudiyattam, Pernambut, Melvisharam, Ranipet, Omerabad and some press correspondents attended the meeting which started after Asr prayers in a big marriage hall at Vellore and lasted till 10.00 P.M. The organisers of the 21st December 2009 Melvisharam Meet who were mainly big industrialists were conspicuous by their absence for the reasons best known to them. Many people regretted it. Some said that they could not attend it due to their other compelling schedules. Allah knows better.

It was pointed out point-black in the meeting by different speakers that the Registration of Marriages Act 2009 is not only a burden on the people as many of its clauses are cumbersome and defective but also a direct intervention in the Muslim personal law and a ruse for introducing a uniform civil code. They argued that the stipulation that the couples should go to the office along with their parents to register the marriages is uncalled for and the clause that the application for registration of the marriages which can be made within three months will be rejected if it is found faulty is insulting beyond expression. Their contention is that if it is rejected on some pretext or other the couples will be in an awkward position which cannot be expressed in words even though their marriages would have already been solemnised according to the Islamic sharia by Qazis and entered in the registers available with the jamats in the mohalla masjids. When registrations of birth and death have been simplified now from the past troublesome procedures, why is it that the registration of marriages is not made simple by accepting a copy of the Nikah Nama from the Jamat? Many argued. Apart from these there is also no provision for entry of any unfortunate happenings like divorce or khula. According to them there are many lacunae like these in the act. It was also pointed out in the meeting that the All India Muslim Personal Law Board which has received a communication from the Central government about registration of marriages is to meet in the near future and take a decision on this vital issue.

Thiru Gyanesekaram sahib said in his speech that he had opposed the proposal for the compulsory registration of marriages in the Tamil Nadu assembly as people have to face difficulties on it. Janab Abdul Basith said that he had also opposed it and wanted the government to consult the community leaders on this issue.

The speeches of the ulema were thought provoking and listened to with pin drop silence by the audience. They made it clear that the Muslim community has been maintaining the marriage registers in their jamats for the past more than one hundred years. A Muslim living in a particular town cannot marry in any other place without getting a certificate of his or her marital status and other things from his local jamat. But it cannot be the case in the newly introduced registration of marriages act. There is possibility of this act being misused by unscrupulous people.

A resolution passed in the meeting requests the government to exempt the Muslim community from the compulsory registration of marriages Act 2009. Of course if the registration of marriages is made easier as in the cases of birth and death, the Muslim community will be happy to accept it and provide a copy of Nikah Nama (marriage certificate) through the masjids to the authorities concerned.

Some such meetings are in the offing in other districts also. There are reports that many masjid jamats in different parts of Tamil Nadu are also to submit memorandums signed by thousands of people to the government to exempt the Muslim community from this Act.
TwoCirlces.net talked to Maulana Waliullah saheb of Vaniyambadi on 15th January 2010.He said that the Act is a violation of the minority rights guaranteed in the Constitution of our country and a direct attempt to interfere in the Muslim personal law and hence their protest and appeal. He hopes that the DMK government will respect the sentiments of the Muslim community and do the needful. It is learnt that a state level conference is to be convened shortly for this purpose.

(VMK in TwoCircles.net)