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Uttarakhand Assembly passed UCC – Why most of the Indian Muslims are against the Uniform Civil Code?

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The Uttarakhand assembly on Wednesday passed the Uniform Civil Code (UCC) Bill 2024 by voice vote after a debate spanning two days with chief minister, Pushkar Singh Dhami, terming it as a “historic moment” in the country.

The Congress took a nuanced stand on the Bill saying it was not opposed to it but wanted it to be sent to the select committee first for elaborate discussion. Yashpal Arya, leader of Opposition, said there are many issues and ambiguities, which needs to be discussed first in the select committee of the assembly. Arya and BSP MLA Shahzad moved amendments to the bill, which were not considered by the House.

Dhami in his address before the passage of the Bill, said a very meaningful discussion was held on UCC on Tuesday and Wednesday by both ruling and Opposition MLAs. “Our state got the opportunity despite there being many big states in the country. This is a historic opportunity. This is not a normal law, but a law that will provide a common legal framework for all. I hope other states will also table the UCC bill. I also want to thank the people of the state on this occasion. Every person in the state must be feeling proud today”.

Why UCC is must for India?

The Uniform Civil Code is a proposal based upon Article 44 of the Indian Constitution, that aims to establish a uniform system for personal matters related to all citizens of India. Currently, in India, there is a different legal framework under personal laws based on religious scriptures’ interpretations of matters such as religion, caste, and gender.

Under the Uniform Civil Code (UCC), uniform provisions will be proposed for marital cases, divorce-related cases, inheritance cases, adoption cases, and matters related to sustenance and support, which will apply to all citizens of India. This is considered a necessary suggestion for the progress and governance of any secular nation. For many years, there has been a debate on whether the UCC can be considered an appropriate civil code for a country where people of various castes, tribes, and religions reside.

On 27 June, while addressing BJP functionaries, Prime Minister Narendra Modi drew the nation’s attention to the UCC saying one home cannot have two sets of laws. The issue has sparked a debate surrounding its compatibility with Sharia Law, which is considered a mandatory legal system within the Muslim community. Sharia Law encompasses rules derived from the interpretation of the Quran and narrations attributed to Prophet Muhammad, covering both civil and penal codes.

The opposition to the UCC is essentially an opposition to the unity, integrity, and sovereignty of the country, which has proven to be an obstacle to the development of the nation in the past and will continue to be so in the future. Therefore, the UCC can be considered a proper civil code for the country.

Why Indian Muslims are against the UCC?

The All-India Muslim Personal Law Board (AIMPLB) opposes the UCC, asserting that Sharia Law should exclusively govern Muslims in any state. However, we argue that the UCC is not contrary to the Islamic Creed and should be implemented in every secular state.

A large section of Indian 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.’

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.

The Uniform Civil Code will have following provisions :

  1. Equal age of marriage for all religions (18 for girl, 21 for boy)
  2. Ban on polygamy for all religions
  3. Same divorce law for all religions
  4. Same inheritance rules for all religions
  5. Same children adoption law for all religions
  6. Live in relationship registration

Currently all religions have almost same laws on marriage, divorce, inheritance and adoption except Muslims. Congress and other so called Secular political parties always consider Muslims as previledged section and gave them special privileges.

Muslim’s main objection is on point no 1 and 2

  • Currently the minimum age for marriage for Muslim girls is puberty that means 12-14
  • Muslims are allowed to have 4 marriages

These two privileges are very important for them to carry out population jihad and love jihad. A Muslim lady start producing children at 15 and also it keeps divorce numbers less. Polygamy also helps them in love jihad.

So any change in these two laws will effect their population jihad agenda and love jihad agenda. Both of these jihads are part of their bigger plan, that is known as Ghazwa-ae-Hind.

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