Saturday, June 15, 2024

Uniform Civil Code, Muslim Personal Law, and Samajwadi Party leader ST Hasan’s Opposition

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In an interview, Samajwadi Party leader ST Hasan made a provocative statement by asserting that Indian Muslims only follow the Quran. His statement was in response to the BJP government’s decision to discuss Uniform Civil Code in the Parliament. He underlined the acceptance of homosexuality and live-in relationships by the Indian legal system in his statement.

Samajwadi Party MP ST Hasan claims India facing Covid, cyclones after NDA govt tinkered Sharia Law - The Economic Times Video | ET Now
PC The Economic Times

The leader’s opposition is based on the acceptance of the aforementioned radical modern ideas in Indian society. He believes that the Central Government should allow the continuance of Muslim Personal Laws as per Sharia. He views the UCC as an unwanted interference of Hindus in their religious beliefs. Mr. ST Hasan supposedly represented all Muslims in his views. His adamant and defiant stance on the UCC is an apt representation of Muslims on all policies of equality proposed by the BJP.

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Uniform Civil Code and Muslim Personal Law

A few representatives of the Indian Muslim community are of the view that UCC will interfere with their religious freedom. They assume that UCC will make them defy the Quran. However, UCC will be a harbinger of the following major changes in the lives of Indian Muslims:

Polygamy:
84 per cent of Muslim women want polygamy banned: Study
PC Organizer

The 4-wives personal freedom shall be curtailed by Indian law if UCC is brought forth. However, it will not ban any man from marrying four times, it will just prohibit polygamy. Thus, if there are personal reasons that make a man consider a second marriage he will need to legally divorce his first wife to marry again. The question arises that why would this change be against the Quran.

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UCC does not stop a man from seeking a second wife. It does not make him a criminal to seek a second chance at happiness within marriage. The Quran allows divorce or talaq. Thus, Indian Muslims just need to approach the courts for talaq and free themselves from the obligations of their prior marriage to marry again. This change does not contradict the Quran. It just ensures equal treatment is mete out to the sanctity of marriage in all religions in India.

Adoption:
Critical Analysis of Adoption Under Muslim Law - Law Corner
PC Law COrner

Muslim Law does not give the adoption of children a legal status. One of the reasons for polygamy spouted by the ‘Kattar Musalman‘ is the inability of the first wife to have children. However, UCC will allow Muslim parents to adopt children legally. The misogynistic view of recognition of direct patriarchy shall forever be wiped out of the world of Indian Muslims. This law does not require every Muslim to adopt a child; it just gives them the option to do so. Therefore, it does not go against the Quran. If a devout Muslim childless couple chooses to go on in their marriage without adopting a child as said in Quran; then the law allows them the freedom to do so. The question arises why legalizing adoption for all religions is equated with forceful disrespect to the word of Allah.

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Inheritance:
A Legal Conundrum: Can Daughters in a Muslim Family Receive Full Inheritance ?
PC The Quint

The Muslim Personal Law does not give equal inheritance to all children. There is a clear gender bias in the disbursement of Muslims’ parental property. The most severe bias is the condition that a Muslim woman who is the only child of her parents will only get half of her parent’s property. A third of the parents’ estate is given to the nearest male relative if a Muslim couple has only daughters.

In a society that has been striving to attain the utopian state of equality for all; the presence of a gender bias in the inheritance of parental or ancestral property is an eyesore. It harms every individual’s right to equality.

Thus, if UCC helps Indian Muslim women claim the fruits of their parents’ labor upon death; it serves the greater cause of equality in India. However, if a devout Muslim couple does not wish to divert from the Quranic version of inheritance laws; they can simply distribute all their worldly belongings as per the word of Allah in the form of a living will. Therefore, while UCC will encourage equal treatment of women for an inheritance, Muslims can choose to follow their belief by constituting a will with the court to ensure they do violate the Quran.

Why does the Muslim Community Oppose the enforcement of the Uniform Civil Code?

The opposition to UCC is a propaganda. Opposers want to ensure special treatment of Muslims in the eyes of Indian law. The Qazis spread falsehoods to the uneducated and uninformed masses to ensure their own relevance in the Muslim Community. UCC’s enforcement in India will limit the influence of Qazis to just practitioners of Islamic rituals. Moreover, the statements like that of Samajwadi party leader’s or by the elected members of the legislative assembly and parliament underline their own hypocritical beliefs.

Muslim clerics, leaders oppose fresh move on UCC
PC Siasat.com

Uniform Civil Code encourages Indian Muslims to be protected by the same laws as all other communities of India. However, the opponents of UCC are using it as a demon to create a communal divide in India. It is presented before Muslims as a law that will interfere with their belief in Islam. It is showcased as a law that will prohibit the burial of the dead, demand marriage according to Sanatana rituals, and disallow burqas or skull caps. Such people do not preach the reality of UCC. They do not discuss its effect on practices like halala that will uplift the Indian Muslim Community. The Indian Law allows devout Muslims legal recourse if they have specific demands as an Individual. However, it does not encourage the idea of oppression of women under the various interpretations of Quranic verses.

Turkey and Tunisia are two Islamic nations that have UCC; the minorities in these nations do not raise the demands for such specific personal treatments by law under the freedom to practice religion. Additionally, the secular nation of France has adopted UCC. Thus, if liberals and ‘peacefuls’ view India as a secular nation; then they must follow the example of France and allow the adoption of UCC. They must agree that UCC will lead to equal treatment of all Indian citizens in the eyes of the law.

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1 COMMENT

  1. why can’t the citizens of the country see this unequal treatment on the basis of gender? Where are the feminists and women welfare people?? They never raise their concerns for the unequal treatment of women in Islam and when some rule of law comes to correct the mistakes, they do not even stand with it! Highly shameful! what society are we living in ?

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