At a time when the question of a common civil code is being discussed afresh, the RSS’ Muslim outreach group, Muslim Rashtriya Manch, has a suggestion for Muslim clerics: “Either accept the Sharia in both criminal and family laws, or have a common civil code just like you have accepted the common criminal laws in India”.
“The ulema cannot have double standards. You accept the Indian Penal Code and never demand that a Muslim committing theft have his hands chopped or an adulterer be stoned to death as per the Sharia. How can you insist that the community’s distinction be maintained only in family laws?” Manch convenor Mohammad Afzal said.
He said that the Manch, of which key RSS functionary Indresh Kumar is mentor, will mobilise opinion among Muslims in favour of a common civil code.
“We have done so in the case of cow protection, Article 370 and also terrorism in the past,” Mr. Afzal said. “This will first require a consensus on reconciling the personal laws of Sunnis, Shias and the Ahl-e-Hadis. They have different procedures for divorce that need reconciliation. For example, while triple talaq is considered fine by Sunnis, Shias accept talaq when two Maulvis represent the two sides, just as at the time of nikaah (marriage). Once Muslim personal laws converge, the next step will be a common civil code for all Indians.”
The organisation, however, is less clear about its views than it would seem.
When engaged in a conversation on the sidelines of a programme to mark the birth anniversary of former President APJ Abdul Kalam earlier in the day, the Manch’s co-convener Imran Chaudhry seemed to have somewhat different views.
“This is a political matter, but a common civil code will seek to restrict diversity of cultures, something that may not be possible on the ground. Muslim family ceremonies in India are anyway different from those in Saudi Arabia. The use of mehndi , for example, is typically Indian,” said Mr. Chaudhry. “In villages in Bijnor in west UP, Muslims serve food separately to Brahmins and Shudras when they invite them to a marriage at home. Where there is such diversity, a common civil code many not be socially feasible.”
The function, which was attended by Mr. Kumar apart from some retired officials, saw performances by children from schools in Delhi and around. The children played the roles of army personnel, freedom fighter Bhagat Singh, the ancient King Chandragupta Maurya and the 1857 queen Rani Lakshmibai of Jhansi. They also recited poems dedicated to the nation, including freedom fighter Ram Prasad Bismil’s iconic Urdu poetry.
