Sharia law fundamental right in Indian Constitution, Muslim League tells Law Commission

Malappuram: The Indian Union Muslim League has told the Law Commission that Sharia law is protected as a fundamental right in the Indian Constitution in their response to the Uniform Civil Code.

In an eight-page report submitted by Muslim League national general secretary PK Kunhalikutty, it asserts that constitution makers have made it clear in the Constituent Assembly itself.

Sharia is the Islamic canonical law based on the teachings of the Quran and the traditions of the Prophet- Hadith and Sunna. It covers various aspects of life, including personal matters and family laws.

"The fundamental right to believe, propagate, and practise religion is guaranteed under Article 25 of the Constitution. Additionally, Article 29(1) provides any section of citizens residing in India having a distinct culture, language, or script, with the right to conserve their culture, language and script. Directive Principles, including Article 44 -- that discusses a Uniform Civil Code in the country-- are not protected as essential constitutional principles. Therefore, fundamental rights stand above the directive principles. While personal law is a fundamental right, the Uniform Civil Code is unconstitutional and void," the note argued. 

"While drafting the Constitution, BR Ambedkar stated that only those interested in UCC should follow it. Otherwise communities could follow personal laws. Ambedkar's remark sends a strong signal that UCC would not be imposed. Prime minister Narendra Modi's latest remark on UCC contradicts this," it stated.