Tag: Muslim Personal Law

Implications of Uniform Civil Code

By Asad Mirza

On 9th December 2022, Kirodi Lal Meena, a Rajya Sabha M.P. of the ruling Bharatiya Janata Party (BJP) introduced a private member bill on India’s Uniform Civil Code (UCC) in the Rajya Sabha that fuelled a fresh debate on an issue, which saw no resolution even in pre-Independence India and continues to haunt the political climate of India even today.

The sensitive nature of the issue besides giving political mileage to the BJP, affects various political parties, with respect to their stand on the issue. Plus, it also puts various religious communities coming under the purview of the UCC to give up their respective Personal Laws, particularly the Muslims, which are the largest religious minority in the country.

Let’s dissect the political motives first and then the response of the affected communities.

First, the audacious move of tabling the Private Member Bill in the Rajya Sabha came just one day after the BJP secured victory in the Gujarat assembly polls in December last. It reinforced the BJP’s political manifesto of enforcing Hindutva, which may also serve as the lynchpin of its political strategy for the upcoming general elections in 2024, by polarising the public.

Further, the second move to seek public opinion on the proposed UCC, in absence of any Draft of the proposed Bill, was a very astute move by the BJP. As it came within a week of the opposition parties’ meeting in Patna in June to formulate a united front and strategy to counter the BJP in the upcoming 2024 elections. As expected the move sowed division within the opposition’s ranks. Further, it saw an immediate half-baked response from the so-called leaders of the religious minorities – particularly the Muslims.

Muslim religious and community leaders without batting an eyelid immediately started opposing the UCC, and didn’t stopped to dwell on what grounds they were protesting and we saw a plethora of sentimentally rich and logically poor responses coming forth from them. The only common stand they took was that they oppose any interference in the Muslim Personal Law.

But I’m sure, neither the leaders nor their supporters know which Muslim Personal Law they are talking about. The one codified by any Muslim rulers like the Mughals, the Khiljis or the Tughlaqs or the ones before them? The answer is NO. In fact, the British colonialists codified the prevailing Muslim Personal Law, without any consultations from any Islamic jurist or scholar.

Before 1937, Muslims of all denominations, all over India, followed the uncodified local Hindu customs, practices and usages in addition to their personal law as per the Sharia. So the British just concurred on codifying the prevalent practices relevant to the marriage, divorce etc., but changed the ones relating to succession and division of property, in the case of Muslims.

It would be interesting to know at whose behest the colonial rulers codified the Muslim Law of Succession and Inheritance. It was none other than MA Jinnah, the leader of the Muslim League.

The Shariat Act of 1937 was imposed on Indian Muslims as a win-win political deal between the British, keen to divide Hindus and Muslims, and the Muslim League, keen to lure the Muslims away the Congress. In a manner this also suited Jinnah’s political strategy on how to secure a separate country for the Muslims, but it had an added personal angle also to it.

MA Jinnah’s daughter Dina married Nevile Wadia – a Parsi, against his wishes, though he himself had married a Parsi lady, Rattanbai Petit. To disown Dina and leave no inheritance for her, Jinnah made use of the recently introduced Shariat Act 1937 and nominated his sister Fatima as his successor. The Act, a joint strategy of the British and the League, contained provisions to sabotage the Islamic Sharia, by secretly smuggling the Hindu customs and usages into the 1937 Act to save the property rights of the Muslim leaders, Jinnah and the zamindars from harm by the Islamic Sharia. Did the Shariat Act of 1937 — now acclaimed as the holy law of Islam — contain Hindu law provisions to secure the property rights of the League leaders? Yes, it does.

Historian, KK Abdul Rahiman in The History of the Evolution of Muslim Personal Law in (1986) says the British gave strength to customs and usage that had long been adhered to particularly in matters of succession by sections of Indian Muslims.

Further, we have to realise that the UCC would not only affect Muslims but also Hindus, Sikhs, Christians, Jains, Jews, Parsis and other minorities and scheduled tribes in the country. And at the moment it is just a political gimmick of the government to polarise the electorate and also sow seeds of discord amongst the unified opposition. Muslim leaders need to bring other communities leaders at the same platform and also inform their Hindu brethren that the UCC will abolish the HUF provisions for filing Income Tax, thus it would increase the tax liability of Hindus also.

The UCC Bill has been introduced as a political reform by the BJP, guided by principles of Hindutva, as a response to replace the existing complicated set of personal laws. These personal laws are so complicated that even the Britishers didn’t dare to interfere with them. Further, the Constituent Assembly, besieged by two schools of thought, one supporting the UCC argued that it provided for the emergence of a secular and progressive nation, while the opponents felt it to be conflicting with the ideas of inclusiveness and pluralism, deemed it fit to circumvent the issue and leave it at the moment and thus chose to include it under the Directive Principles of the constitution, under Article 44 of the Constitution, and leaving it for the future generations to sort it out.

A realistic and practical understanding of how personal laws operate will indicate that the state’s organs and the Indian society are yet not ready, even after 73 years for the substantial revamp that such legislation would bring. Instead of gunning for political gains we should try to reflect the rich Indian diversity of traditions and their importance in common Indians’ daily life.

Lastly, the manner in which the Muslim leadership responded to the government’s move, shows its complete immaturity and the set manner of its traditional, out of touch with reality reactive response, completely bereft of any political nuances and strategy, which was also evident during the Babri Masjid movement, Triple Talaq issue etc.

Though it is high time but still there is time for the Muslim leaders to formulate a Unified Strategy and response to the UCC, in consultation with leaders of other religious minorities and political parties, so that this time they don’t get defeated by the government in its anti-Muslim campaign, though the chances of any such endeavour seem very remote.

(Asad Mirza is a Delhi-based senior political and international affairs commentator)

‘Uniform Civil Code Must Initiate a Debate, Not a Knee-jerk Poll Slogan’

By LokMarg

Naved Qureshi, a renowned journalist and editor at NMF News, examines various aspects of the call for a Uniform Civil Code and whether it is just an election gimmick. His views:

The concept of a Uniform Civil Code refers to a set of laws that would govern personal matters such as marriage, divorce, inheritance, and adoption for all citizens of India, regardless of their religion or community. Its proponents argue that such a code would promote equality and gender justice by eliminating discriminatory practices embedded in personal laws based on religious customs. For, they believe, such a code is essential to achieving a truly secular and progressive society.

The UCC holds significant importance for any country and society. It aims to establish a balance between personal religious laws and the prevailing laws of the land, regardless of one’s religious affiliation, including Muslims. This balance is essential to ensure equality, justice, and cohesion within a diverse society. The UCC promotes a common set of laws that enable citizens to enjoy equal rights and protections, irrespective of their religious beliefs. By harmonizing personal laws, the UCC contributes to fostering social integration, promoting gender equality, and upholding fundamental human rights, ultimately creating a more inclusive and just society.

However, the UCC has faced staunch opposition from various quarters, and reasonably so. One of the primary concerns is the potential infringement on personal religious laws and practices. India is a diverse, pluralistic society with multiple religions, communities, customs, cultures and sub-cultures, each with its own set of traditions and conventions.

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Critics thus argue that imposing a uniform code would violate religious freedom and cultural autonomy, undermining the principles of pluralism that the country cherishes and nourishes. The UCC is also seen as a controversial issue due to historical legacies. The idea of a uniform code was first introduced in the directive principles of the Indian Constitution, which urged the government to “endeavor to secure” its implementation.

However, the framers of the Constitution deliberately kept personal laws out of the purview of the UCC, considering the sensitivities involved. This historical context has created a perception that the UCC is an attempt by the majority Hindu population to impose its values on minority communities, particularly Muslims. The potential impact of the UCC on different sections of society is a topic of intense debate.

Critics argue that the UCC could adversely affect religious minorities, by eroding their cultural identity and subjecting them to the dominance of the majority community. There are concerns about the impact on tribal communities and their customary practices as well. It is essential to ensure that any proposed UCC does not ignore the unique needs and traditions of these marginalized groups.

Supporters of the Uniform Civil Code contend that it would empower women and promote gender equality, as it would seek to eliminate practices such as unilateral divorce, polygamy, and unequal inheritance rights that often adversely affect women in certain communities. They argue that personal laws rooted in religious customs often perpetuate patriarchal norms and deny women their fundamental rights.

The question of whether the current push for a Uniform Civil Code is merely an election gimmick is a subjective one. It is undeniable that the code has been a contentious issue, and politicians have used it to polarize the electorate along religious lines in the past. However, the real intentions behind the current push can only be known to those advocating for it. It is crucial for policymakers to approach the issue with sincerity and engage in a comprehensive and inclusive dialogue with all stakeholders to dispel any perceptions of ulterior motives.

In conclusion, the Uniform Civil Code remains a contentious issue due to concerns about potential infringement on personal religious laws, legacies, and the impact on various sections of society. While proponents argue that it would promote equality and justice, critics fear it could undermine religious freedom and cultural autonomy. It is essential to approach the issue with sensitivity, ensuring that any proposed UCC respects the diverse traditions and customs of different communities. A comprehensive and inclusive dialogue is necessary to address the concerns of all stakeholders and promote genuine secularism and gender justice.

As told to Deepti Sharma