Lucknow: Muslim clerics and our bodies in India have come out strongly in opposition to the recent proposal for a Uniform Civil Code (UCC) in India, terming it “anti-Shariat” (Muslim private legislation) and as “geared toward polarising voters forward of the 2024 Lok Sabha polls”.
Girls’s organisations from the group, too, have voiced blended reactions on the problem.
The legislation fee on 14 June issued a discover inviting the “public at massive” and “recognised spiritual organisations” to provide views on the UCC.
Muslim clergy, from each the Sunni and Shia sects, and organisations such because the All India Muslim Private Regulation Board (AIMPLB) and Jamiat-Ulama-i-Hind (JUH) have all issued strongly-worded statements in opposition to the UCC over the previous few months.
The AIMPLB Wednesday despatched its objections on the UCC to the legislation fee, whereas it had drafted its opposition to the transfer at a gathering in late June. The organisation additionally issued a press release Wednesday saying the “purely authorized” concern had been “fodder for politics and media-driven propaganda”.
Talking to ThePrint, AIMPLB spokesperson S.Q.R. Ilyas stated the UCC was not only a matter affecting Muslims however pertained to the Hindus and different minorities as nicely.
He recounted that the earlier legislation fee underneath Supreme Courtroom choose Balbir Singh Chauhan had held, in a session paper on “Reform of Household Regulation” issued in August 2018, that the “formulation of the UCC was neither vital nor fascinating” at that stage.
“Will the Hindu undivided legislation be utilized to all religions? The twenty first legislation fee (underneath Chauhan) had stated the UCC was not required and talked about modifications in private legal guidelines. How come it has now change into vital? What has modified through the years? It appears (the UCC) is getting used as a political software for elections,” he stated, including that “whereas a notion was being created that the UCC will have an effect on solely the Muslims, it would have an effect on the tribals and different religions too”.
The JUH additionally final week criticised the legislation fee’s transfer, with its president Maulana Arshad Madani alleging the UCC was geared toward “dividing Hindus and Muslims”.
“They ask ‘how can two legal guidelines exist in a single home’? Now we have been residing on this nation for the previous 1,300 years, governments got here and went, however we remained agency,” he advised the media.
Talking about PM Narendra Modi’s assertion late final month that the UCC was getting used to mislead and provoke Muslims, Madani, who can be the principal of Darul Uloom Deoband seminary, stated “all of this was completely flawed”.
The Jamaat-e-Islami Hind (JIH), on its half, sees “politics of polarisation” behind the legislation fee’s try and gauge the general public temper on UCC.
Talking to ThePrint, JIH vice-president Mohammad Salim Engineer stated makes an attempt to herald a UCC weren’t helpful for India, as a result of now voices had emerged from the tribal communities and the Sikhs, too, in opposition to the identical.
“A false thought is being unfold that two legal guidelines can not exist in a rustic. Now we have a set of legal guidelines to control marriage, divorce and inheritance which have been in place for the previous 70 years,” he stated.
“The motive behind the (UCC) is to polarise the folks and distract them from the primary points, however individuals are understanding this now. A false thought can be being unfold that the UCC will have an effect on solely Muslims, however it would have an effect on the Sikhs, tribals and numerous communities within the Northeast as nicely,” he stated.
Speaking in regards to the lack of readability on the UCC, he stated there could be no debate on the problem until a proper draft is introduced earlier than the general public.
“It’s a political ploy to start out a referendum with out first presenting a draft. We need to inform the federal government that creating such fissures between the general public for political profit isn’t good for the nation,” he advised ThePrint.
Activist Shabnam Hashmi additionally requested in regards to the draft of the UCC.
“There isn’t any draft. One can react to one thing when a draft is there. The legislation fee has to offer the draft and, going by the type of messages being circulated on social media by the suitable wing, it may be stated they don’t know what the UCC is. It’s sheer political agenda for polarisation forward of elections,” she advised ThePrint.
She added that “if the federal government was so involved about Muslim girls, how have been the rapists of Bilkis Bano given remission? How may girls wrestlers be handled within the method they have been? Why has no motion been taken in opposition to BJP MP Brij Bhushan Sharan Singh?”
Additionally Learn: Why elevating marriage age of girls is one other step in direction of BJP’s pet purpose of uniform civil code
‘Why disturb Muslims?’
Two days after the legislation fee’s discover on UCC, the AIMPLB on 16 June issued a press release calling the UCC “pointless, impractical and very dangerous”, and urged the central authorities “to not change into a purpose for division in society by losing its assets on this pointless act”.
The board then put out one other assertion on 20 June, calling upon professionals from completely different Muslim institutions to submit their objections on the UCC in most numbers to the legislation fee.
“Identical to a Muslim is required to comply with the directions of the Shariat on the problems of namaaz (prayers), roza (fasting), hajj (pilgrimage to Mecca) and zakat (alms), in the identical method, in reference to problems with customs like marriage, talaq (divorce), khula (separation with mutual consent), legacy and inheritance, and many others, each Muslim is sure to comply with the directions of the Shariat,” the AIMPLB said.
“Each instruction associated to those acts pertains to the Quran and Hadees (information of phrases and actions of the Prophet Mohammad), therefore, these directions have significance within the deen (faith). From the presumed sketch of the UCC, it may be assumed that on many points, will probably be discouraged by the legal guidelines of the Shariat,” it added.
JUH’s Madani additionally talked in regards to the significance of the Shariat, declaring that Muslims had been following it for the previous 1,300 years.
“We need to hold our lives alongside the identical (legislation). Wherever you could have objections, we really feel you don’t perceive that topic. We are saying that is our legislation with which we reside and die, why do you tamper with it when you’re not affected by it? You may stroll in your legal guidelines the best way you need, Sikhs can comply with theirs, Christians their very own, and Muslims will comply with their very own,” he stated, whereas chatting with the media.
“It’s true that if there are 4 folks in a household and there are two legal guidelines, there might be disturbance. India isn’t a home however a large nation… and (folks) have their very own faith. What’s your concern to disturb Muslims at this time?” Madani requested.
Like AIMPLB spokesperson Ilyas, JUH basic secretary Maulana Haleem Ullah Qasmi puzzled what had modified through the years that the legislation fee, which had earlier stated a UCC was not required, now wished to herald one.
“That is being finished due to a political agenda forward of the 2024 Lok Sabha elections,” he advised ThePrint.
‘Alternative for gender-just legal guidelines’
Organisations working for the reason for Muslim girls and their rights have given blended reactions on UCC.
Talking to ThePrint, Zakia Soman, co-founder of Bharatiya Muslim Mahila Andolan, stated that holding politics apart, the UCC could possibly be a possibility to get gender justice and urged the clergy to have interaction with discussions on the topic and provides Muslim girls their rights.
Commenting on the talk over the timing of the UCC proposal — a 12 months forward of the overall elections — she stated the problem has sadly “at all times been politicised” and has by no means been about gender parity.
“It (UCC) was not on the proper time underneath the UPA authorities and never on the proper time underneath the NDA. It is because of persistent patriarchy within the clergy that the Muslim private legislation (Shariat) couldn’t be codified in 70 years. Retaining politics apart, this can be the one alternative for girls to have interaction within the course of for gender-just legal guidelines,” she stated.
Talking about particular Muslim legal guidelines round points like baby marriage, polygamy, nikah halala, guardianship, and many others, she identified that because the legal guidelines will not be codified, they’re susceptible to misinterpretation.
Giving the instance of the Muslim private legislation on marriage, she stated {that a} Muslim lady can marry quickly after attaining puberty.
“Nowadays, a woman can attain puberty even on the age of 13. There are judgments of the Delhi and Punjab & Haryana excessive courts on the problem. One has noticed that the age of accomplishing puberty is 15 years for a Muslim lady, after which she could be married. How can this be acceptable? It’s good that polygamy goes down amongst Muslims however why will we need to hold it in any respect?” she requested, including that such practices have been launched 1,400 years in the past and the present-day period is completely completely different.
She additionally talked in regards to the father being the pure guardian of a kid no matter the kid’s gender, and the controversial observe of nikah halala underneath which, for reconciliation together with her husband after divorce, a lady has to marry one other man and consummate that marriage.
“It isn’t talked about within the Quran however is the results of a misogynistic mindset and misinterpretation of Muslim legal guidelines which aren’t codified,” she stated.
Sumaiya Roshan, president of Women Islamic group (GIO), alternatively, spoke about “girls’s points being introduced up unnecessarily”.
“Whereas there is want to get the opinion of girls on the topic (UCC), there’s a feeling amongst some that ladies’s points are being introduced up unnecessarily within the UCC as a result of folks need to get one thing out of nothing,” she advised ThePrint, including that “whereas the Muslim private legislation is simply, the best way of practising it could be completely different due to completely different interpretations. The impression being given is that the UCC will impression solely Muslims, however it would impression everybody”.
(Edited by Nida Fatima Siddiqui)
Additionally Learn: What’s a Muslim ‘baby marriage’? Punjab-Haryana HC order newest in collection of opposite verdicts