Why many Muslims in India are against the Uniform Civil Code
Many Muslims fear that the application of the UCC would abolish several of their personal laws rooted in Shariah. (Photo: Getty Images)
The ongoing debate regarding the necessity of a Uniform Civil Code (UCC) in India has been reignited once again. Prime Minister Narendra Modi addressed the issue on June 27 while speaking to party functionaries in the poll-bound state of Madhya Pradesh.
"You tell me, in a home, how can there be one law for one member and another law for another member?" Modi said. "Will that home be able to function? Then how will the country be able to function with such a dual system? We have to remember that even in India's Constitution, there is a mention of equal rights for all," he said.
Understanding the Uniform Civil Code
The concept of UCC entails the establishment of a unified set of laws governing personal matters, including marriage, divorce, inheritance, and adoption, applicable to all citizens regardless of their religious affiliation.
The Indian Constitution, under Article 44, a part of the Directive Principles of State Policy, supports the implementation of a UCC, urging states to strive towards its realization.
However, in India, the UCC has neither been drafted nor implemented due to the diverse religious demographics of the country. Hindus, Muslims, Sikhs, Christians, and others follow their respective personal laws to govern their personal affairs.
For instance, Hindus adhere to the Hindu Personal Law, which includes the Hindu Marriage Act (1955) and the Hindu Succession Act (1937). Muslims, on the other hand, are guided by the Muslim Personal Law (Shariat Application Act, 1937), while Christians, Parsis, and Jews are governed by the Indian Succession Act (1925).
Why are Muslims opposing it?
Opposition from the Muslim community in India primarily stems from concerns over the implementation of the UCC. Even though India was partitioned in 1947, with the majority of Muslims migrating across borders, those who chose to stay were permitted to continue following their personal laws.
Many Muslims fear that the application of the UCC would abolish several of their personal laws rooted in Shariah. For example, the Shariah law allows Muslim men to have up to four wives simultaneously. Additionally, women receive a lesser share of their parents' property under the Shariah law as they are entitled to a portion of their husband's share.
Muslims also have specific divorce regulations. Although Islam discourages divorce, it is permitted under certain circumstances. According to Islamic law, there are three methods by which a Muslim man can obtain a divorce: 'Talaq-e-bidat' or Triple Talaq (which has been criminalized by the Indian government), 'Talaq-e-Hasan,' and 'Talaq-e-Ahsan.'
Following a verbal or written Talaq, the couple must observe a three-month waiting period during which reconciliation is possible and divorce can be avoided. If the couple chooses not to reconcile, the divorce is finalized after three months. Following the divorce, the woman must observe a waiting period (iddat) before marrying another man.
However, adherence to the Islamic Shariah law for divorce is not obligatory for women. Both men and women have the option to approach the Indian judiciary and follow the procedure outlined in the Indian constitution.
Similarly, Muslim marriages are not registered in court but are formalized through a written agreement called 'Nikah.' According to Nikah, the woman is entitled to a specific amount called Mehr, which the husband is obligated to pay during the course of their marriage.
The anxiety among Muslims stems from the belief that the UCC would curtail their ability to govern personal matters according to the important tenets of the Shariah, which hold significance in Islam.
Not all Muslims are against UCC
Opinions among Muslims regarding the UCC are divided. Self-governing Muslim bodies such as the Kerala Jem-iyuathul Ulama and the All India Muslim Personal Law Board (AIMPLB) have unequivocally opposed the UCC.
However, Delhi's Shahi Imam, Imam Bukhari, has advised Muslims to remain silent on the matter and has even issued a Fatwa prohibiting discussion of the UCC in India.
The UCC has long been on the agenda of the BJP government, which emphasizes the importance of implementing a uniform code applicable to all citizens, irrespective of their religion, tribe, or colour.