In India, the Uniform Civil Code (UCC) has generated debate, especially in relation to how it affects the Muslim population. The UCC seeks to establish a common set of rules governing marriage, divorce, inheritance, and adoption for all citizens, regardless of their faith, in order to replace individual laws based on religious texts and customs. Critics worry that it would violate minorities' rights to freedom of religion and cultural identity, while advocates think it will restore gender justice.

Comprehending the Uniform Civil Code
A proposed law called the UCC aims to harmonize and standardize personal laws among many religions. Nowadays, different religious systems govern private affairs including marriage, divorce, and inheritance:

• Buddhists, Sikhs, Jains, and Hindus all operate under the auspices of the Hindu Succession Act and the Hindu Marriage Act.
• The Muslim Personal Law (Shariat) Application Act of 1937 established Islamic laws that Muslims must abide by, which are based on the Quran, Hadith, and Sharia.
• The personal laws of Christians and Parsis are different.

When the UCC is put into effect, all of these religiously motivated personal laws will be repealed and replaced with a single Islamic law that applies to all citizens.

UCC Muslim Personal Law's Effects

The UCC's effect on Muslim personal law is the main point of contention. The following are some areas that UCC affects:

Marriage and Divorce

• In accordance with Muslim law, marriages are agreements regulated by the terms triple talaq, mehr (dower), and nikah.
• Triple talaq was declared unconstitutional by the Indian constitution, marking a watershed in reform. Additionally, the UCC's requirement for consistency in divorce procedures may lead to additional reform.
• Since polygamy, which is solely permitted under Islamic law, would have to adopt monogamy for everyone, it might not be legitimate under the UCC's requirements or might even be replaced.

Rights to Property and Inheritance

• Hindu and Christian succession rules are very different from Islamic inheritance laws.
• According to Shariat, a wife received one-eighth of her deceased husband's fortune, while a daughter earned half of her son's share.
• Some Muslims may believe that the UCC violates their Islamic law because it grants sons and daughters equal rights to inherit.

The Muslim Community's Criticism of UCC

Religious Freedom Threat

• The UCC is criticized by the opposition for infringing on the rights of religious practice and propagation guaranteed by Article 25 of the COI.
• Some Muslims worry that their Islamic identity and practices would be weakened by any uniform laws that are imposed.

Absence of Representation in UCC Drafting

• It is argued that Muslim jurists and scholars ought to have been included in the UCC's creation in order to address their concerns.
• If the UCC is imposed from the top without first consulting the religious leader, there may be opposition and unrest.

Possibility of Political Abuse:

• The UCC investigation has frequently been politicized. There are concerns that it is not applied in the spirit of true gender justice but rather as a weapon against Muslims.
• Applying reforms selectively, such as restricting triple talaq, ignores issues with women in other religions, which breeds skepticism.

Arguments in Support of UCC for Women's Rights and Gender Justice for Muslims:

• Numerous discriminatory practices against Muslim women, like polygamy and unequal inheritance rights, could be stopped by the UCC.
• In order for Muslim women to enjoy anything on par with or very similar to that of their male counterparts, the UCC could provide them with the same legal protections that Hindu and Christian women already have under their respective personal laws.

Simplifying Legal Procedures:

• A single civil code could resolve issues that arise from disparate personal laws, such as those pertaining to interfaith weddings. From a legal perspective, it would give all citizens clarity.
• Law uniformity may also reduce the burden of judges and the number of personal law conflicts.

Strengthening National Unity:

• By guaranteeing Hindu and Muslim residents equality under a single law, regardless of their religious beliefs, it would be a praiseworthy effort to promote the idea of national unity.
• It might contribute to the development of a more progressive and secular judicial system that is consistent with the Constitution's guarantee of equality.

An International View of UCC:

• Many Muslim-majority nations have proposed changes to their personal laws without completely abandoning their religious traditions. For example, Turkey and Tunisia have secularized their personal laws by outlawing polygamy and instituting regulated succession rights, while Sharia has evolved into a modified form that complies with contemporary legal standards in Indonesia and Malaysia.

The Uniform Civil Code has complicated effects on Muslims. It has advantages and disadvantages. It will provide legal uniformity and gender equality, but it also raises important issues with regard to identity and religious freedom. If the UCC is to be sustained as a bundle of justice and equality for everyone and not as a burden, then a fair and inclusive strategy involving the Muslim community itself is essential. The bill would probably modernize and update personal laws without alienating any communities; it would only promote national unity and true secularism if it were implemented wisely.

With a vast collection of material on a variety of legal topics compiled by the top experts in the field, Sharks of Law provides a comprehensive legal solutions facility. You can look for a lawyer who can satisfy your legal needs for an online consultation with this law business. If you have any questions that call for legal advice, the lawyers at Sharks of Law have the requisite experience in all the relevant sectors.

Email:-helpdesk@sharksoflaw.com
Help Desk:-+91-88770-01993
Reference:

• https://www.sharksoflaw.com/advocate