Uniform Civil Code’s Impact on Muslim’s Personal Law.
Presently,
the introduction of the Uniform Civil Code is one of the most controversial
issues witnessed by the country. The Muslims are opposing the implementation of
the Uniform Civil Code to a large degree. On the other hand, there are a lot of
Muslim women groups who are in favor of the implementation of the Uniform
Civil Code. With the introduction of the Uniform Civil Code, the Muslim
personal law would go through a drastic change. Here are some of the things in Indian
Muslim laws that would change with the implementation of the UCC.
The
Triple Talaq
A
primary concern under Muslim law has always been a divorce. There has been quite
an uproar and protest by the various religious groups to eradicate the triple
talaq which is a customary practice under Muslim personal law. Many Indians
believe this practice to be unfair and against equal rights for women.
This
practice gives the power all the power to a man to divorce his wife. They can
divorce them just by uttering the word talaq three times in a row. Due to this
practice, the number of divorce cases among Muslims has risen significantly making
this issue quite concerning. This custom is considered to be not in the favour
of women’s welfare and therefore various activists and women groups are
suggesting that this practice should be abolished. The custom of triple talaq is
against legal principles and immoral, and anything against the constitutional value
should not be considered lawful or valid practice, no matter if it is a custom or
a regular practice.
Uniform
Civil Code and the Triple Talaq
If
the Uniform Civil Code is introduced, the triple talaq would be eradicated, and
the dissolution of every marriage among Muslims would take place through court
proceedings. The petitions for separation filed in the court would dissuade
Muslim men and women from marrying again, as second marriage is socially
considered to be a taboo in India. The abolition of Triple Talaq would alter
the Muslim personal law significantly which is why there has been so much defiance
by the Muslims against the introduction of the Uniform Civil Code.
Abolition
of Polygamy
Polygamy
is a very common practice among Muslims. Few celebrities converted to Islam in
India to get married to another woman. One of the main changes in Muslim
law with the introduction of the Uniform Civil Code is that it would abolish the
practice of polygamy. Polygamy is considered to be a social evil in India.
Abolishing these practices would prove to be positive for society.
Women
are exploited and abused by their husbands under this practice. But Muslims of
India are concerned that with the abolition of this practice the Hindu Law
would be imposed upon them. However, Atal Bihari Vajpayee has said that the implementation
of the Uniform Civil Code does not mean that Hindu law will be imposed on any
religion. On the contrary, the Uniform Civil Code would include all the fundamentals
of all religions.
Maintenance
With
the initiation of the ancient Muslim laws, maintenance has been a matter of
main concern for spouses. In Muslim law, Muslim women are entitled to
maintenance under the Muslim Women Protection Act 1986. But whether a Muslim
woman can claim maintenance under the code of criminal procedure was a matter
of concern. The Shah Bano Begum case has been considered the landmark judgment concerning
this matter. The court gave a judgment that a Muslim woman who has been
divorced from her husband can claim maintenance from her husband under section
125 of the CRPC. And, she can claim
maintenance not only during the iddat period but also after the iddat period is
completed. However, in the case of Denial Latifi Vs. Union of India had a
different judgment, the court held that the provision concerning maintenance
should be just and reasonable and the legal validity of the Muslim Women’s
Protection Act, 1986 was upheld in this case.
Uniform
Civil Code and Maintenance
The
implementation of the Uniform Civil Code will be a positive influence on Muslim personal law. It would give the Muslim woman the right to claim
maintenance for her lifetime. However, the uniform civil code is facing strong opposition
and upheaval by the Muslims because they fear it would affect their personal
law and the Hindu law would be imposed on them if the Uniform civil code
becomes effective. However, it has already been proved that the Uniform Civil
Code is a secular regulation and it would not affect the personal law of any
religious community.
Adoption
Adoption
is one of the major issues to plague the country. The personal law of any other
religion except for Hindu law does not allow couples to follow the practice
of adoption. The procedure of adoption under Hindu law is overseen by the
Hindu Adoption and Maintenance Act, 1956. As a constitutional provision, the
Muslim personal law does not allow people to adopt. The Muslim couples have no
legal claim to being parents of the adoptive child. With the implementation of the
Uniform Civil Code, the Muslim laws relating to adoption would lead to significant
and extreme changes.
One
of the important changes which would occur if the Uniform Civil Code becomes
effective is that the Guardianship and Wards Act, of 1890 would be eradicated.
The major changes in the law of adoption would happen, such as:
· A
Muslim woman would be allowed to adopt.
· The
couples can legally claim the status of the adoptive parents of the child they have
adopted.
· On
adoption, the child will be entitled to all the rights of the natural child.
· After
being adopted by the adoptive parents, a child breaks all the bonds from the
family in which she was born, and she is entitled to inherit the property of her
adoptive parents as that of a natural child.
Succession
and Inheritance
Succession
and inheritance are a matter of main concern among the issues that come under
the law. The provisions concerning succession and inheritance differ from one
another. Under Muslim law in a case, there is no will, the sons will be
entitled to a share that is equal to the shares of two daughters. The wife
would be entitled to one-sixth share in the property of the deceased husband.
Under Muslim law, the mother has the full right to claim maintenance from
her child if she is unable to take care of herself. Under Muslim law, the
illegitimate child is considered legitimate for a share in the property of the
father. Under Sunni law, an illegitimate child also has a share in the
property from her mother’s side, but, Shia law does not allow a share in the
property of any of the parents. Under the Hindu Succession Act, the rules
regarding succession are different. The successors are grouped into various
classes of heirs, and some changes affect the working of the law to a great
extent.
Uniform
Civil Code and Succession and Inheritance
If
the Uniform Civil Code would come into effect it would lead to drastic changes
in Muslim law, like:
· It
would lead to a uniform law enforced in the context of rules of inheritance and
succession.
· A
stable structure of sharing would be established to administer the sharing
process.
· Illegitimate
children and adoptive children would also be entitled to a share in their
father’s property.
Marriage
is no more a contractual obligation
Muslim
marriages are a contractual obligation for both parties. Under Muslim
personal law, marriage is formalized between the two parties, only when a
proposal is made by one party and the same is accepted by the other. Under Muslim personal law, marriages take place when both parties enter a contract.
The introduction of the Uniform Civil Code would make this practice of contract
in marriage invalid.
Registration
of marriage is compulsory
One
of the significant changes with the implementation of the Uniform Civil Code
would be that marriage registration would be compulsory. With the
implementation of the Uniform Civil code, it would be a compulsion for the
married parties to get their marriage registered in the register. This would
further help to legitimize the wedding and it would act as a shred of evidence
for the validation of marriage between the parties.
Abolition
of the practice of iddat
One
of the significant changes that the Muslim personal law would go with, with the
implementation of the Uniform Civil Code is the fact that the Uniform Civil
Code would abolish the practice of iddat. Iddat under Muslim law is a
practice that is performed by Muslim women when they are divorced from their
husbands or after the death of their husbands. A uniform code for civil laws
would automatically abolish the practice of iddat.
Secularism
vs. Religious Conflict
The Uniform Civil Code is considered to be necessary. After India became independent from British rule, the parliament stressed the need for a standard law that will govern secular matters including marriage, divorce, inheritance, and succession to bring national integrity and unity among the diverse religious groups in the country. The implementation of the Uniform Civil Code is facing strong opposition by the Muslims on the ground that it would violate their personal law and also the right of the minorities to practice and preach any religion. The Uniform Civil Code aims at bringing national integrity without violating the rights of the citizens of India. Article 44 of the Constitution of India states that “the state shall endeavor to secure for its citizens a uniform civil code throughout the territory of India.” It has been said that under the domain of the Uniform Civil Code, the state will not be able to interfere with the individual rights of the citizens of the country.