Uniform Civil Code: Lok Sabha Elections The debate about the Uniform Civil Code (UCC) has intensified in the country before. After a statement by PM Modi, discussion has started to arise whether the central government is preparing to implement the Uniform Civil Code. Addressing the booth workers of BJP in Bhopal, PM Modi said that if there are two rules in a house, will the house be able to run? In such a situation, how will the country run with a dual system?
Political tussle has started after PM Modi’s statement. The opposition has called it an attempt to divert attention. At the same time, the All India Muslim Personal Law Board, the largest organization of Muslims, called a meeting, in which this issue was discussed. In the meeting, it has been decided to make a draft regarding UCC, which will be submitted to the Law Commission. The essential parts of Shariat will be mentioned in the draft. Let us understand, what are the exemptions given to Muslims under personal law. What will be the effect of the coming of UCC, about whom Muslims are in a dilemma.
What is the problem of Muslims with UCC?
Marriage- Muslim men are allowed four marriages in India. There is a perception that Muslim men marry more, but the practice of more than one marriage among Indian Muslims is similar to that of Hindus or other religions. However, statistics on polygamy have not been released since 1961 during the census. Only the data of the National Family Health Survey (NFHS) is available in this regard. Data from NFHS-5 during 2019-21 says 1.9 per cent Muslim women have admitted that their husbands have other wives. 1.3 percent Hindu and 1.6 percent women of other religions have accepted the wife’s second wife. This shows that Muslims are also not in favor of four marriages, but they do not want any kind of tampering in Shariat, so they are against UCC.
Divorce- Muslims have their own Sharia law regarding divorce. This is explained in detail in Shariat, under which Muslims have got exemption in personal law. The law of Sharia divorce is different from the laws of other religions or the Special Marriage Act in India.
Heritage- Muslim women have the right to share in inheritance with the advent of Islam, but the calculation of their distribution is different. In the present era, the inheritance law of Hindus is different. Son and daughter have been given equal rights in property among Hindus. Muslims are afraid of interference in this matter.
Lap- Adoption is not allowed in Islam. There is a right to adopt in India, but Muslims are excluded from this law due to personal law. Because of this no childless person can adopt a boy or a girl child.
age of marriage The minimum age of marriage for girls in India has been kept at 18 years, whereas in personal law, marriage has been allowed for a Muslim girl after 15 years. There is a problem here, India also has the Prohibition of Child Marriage Act, which criminalises the marriage of minor girls. In March this year, a similar matter has come up before the Supreme Court, on which the Supreme Court had asked to consider.
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