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 regulation) and as “aimed toward polarising voters forward of the 2024 Lok Sabha polls”.
Girls’s organisations from the neighborhood, too, have voiced combined reactions on the problem.
The regulation fee on 14 June issued a discover inviting the “public at giant” 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 regulation fee, whereas it had drafted its opposition to the transfer at a gathering in late June. The organisation additionally issued an announcement Wednesday saying the “purely authorized” problem had been “fodder for politics and media-driven propaganda”.
Talking to ThePrint, AIMPLB spokesperson S.Q.R. Ilyas mentioned the UCC was not only a matter affecting Muslims however pertained to the Hindus and different minorities as effectively.
He recounted that the earlier regulation fee beneath Supreme Courtroom decide 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 regulation be utilized to all religions? The twenty first regulation fee (beneath Chauhan) had mentioned the UCC was not required and talked about modifications in private legal guidelines. How come it has now change into vital? What has modified over time? It appears (the UCC) is getting used as a political device for elections,” he mentioned, 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 regulation fee’s transfer, with its president Maulana Arshad Madani alleging the UCC was aimed toward “dividing Hindus and Muslims”.
“They ask ‘how can two legal guidelines exist in a single home’? We have now been dwelling on this nation for the previous 1,300 years, governments got here and went, however we remained agency,” he informed 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, mentioned “all of this was completely unsuitable”.
The Jamaat-e-Islami Hind (JIH), on its half, sees “politics of polarisation” behind the regulation fee’s try and gauge the general public temper on UCC.
Talking to ThePrint, JIH vice-president Mohammad Salim Engineer mentioned makes an attempt to usher in 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. We have now a set of legal guidelines to manipulate marriage, divorce and inheritance which have been in place for the previous 70 years,” he mentioned.
“The motive behind the (UCC) is to polarise the individuals and distract them from the principle 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 effectively,” he mentioned.
Speaking in regards to the lack of readability on the UCC, he mentioned there may be no debate on the problem until a proper draft is introduced earlier than the general public.
“It’s a political ploy to begin a referendum with out first presenting a draft. We wish to inform the federal government that creating such fissures between the general public for political profit just isn’t good for the nation,” he informed ThePrint.
Activist Shabnam Hashmi additionally requested in regards to the draft of the UCC.
“There is no such thing as a draft. One can react to one thing when a draft is there. The regulation fee has to offer the draft and, going by the sort of messages being circulated on social media by the proper wing, it may be mentioned they don’t know what the UCC is. It’s sheer political agenda for polarisation forward of elections,” she informed ThePrint.
She added that “if the federal government was so involved about Muslim ladies, how had been the rapists of Bilkis Bano given remission? How may ladies wrestlers be handled within the method they had 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 the direction of BJP’s pet aim of uniform civil code
‘Why disturb Muslims?’
Two days after the regulation fee’s discover on UCC, the AIMPLB on 16 June issued an announcement 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 sources on this pointless act”.
The board then put out one other assertion on 20 June, calling upon professionals from totally different Muslim institutions to submit their objections on the UCC in most numbers to the regulation 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 means, in reference to problems with customs like marriage, talaq (divorce), khula (separation with mutual consent), legacy and inheritance, and so forth, each Muslim is certain to comply with the directions of the Shariat,” the AIMPLB acknowledged.
“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, it will likely be discouraged by the legal guidelines of the Shariat,” it added.
JUH’s Madani additionally talked in regards to the significance of the Shariat, mentioning that Muslims had been following it for the previous 1,300 years.
“We wish to hold our lives alongside the identical (regulation). Wherever you have got objections, we really feel you don’t perceive that topic. We are saying that is our regulation with which we stay and die, why do you tamper with it if you find yourself not affected by it? You possibly can stroll in your legal guidelines the way in which you need, Sikhs can comply with theirs, Christians their very own, and Muslims will comply with their very own,” he mentioned, whereas talking to the media.
“It’s true that if there are 4 individuals in a household and there are two legal guidelines, there shall be disturbance. India just isn’t a home however a large nation… and (individuals) have their very own faith. What’s your concern to disturb Muslims as we speak?” Madani requested.
Like AIMPLB spokesperson Ilyas, JUH basic secretary Maulana Haleem Ullah Qasmi puzzled what had modified over time that the regulation fee, which had earlier mentioned a UCC was not required, now wished to usher in one.
“That is being achieved due to a political agenda forward of the 2024 Lok Sabha elections,” he informed ThePrint.
‘Alternative for gender-just legal guidelines’
Organisations working for the reason for Muslim ladies and their rights have given combined reactions on UCC.
Talking to ThePrint, Zakia Soman, co-founder of Bharatiya Muslim Mahila Andolan, mentioned that holding politics apart, the UCC might be a possibility to get gender justice and urged the clergy to have interaction with discussions on the topic and provides Muslim ladies their rights.
Commenting on the talk over the timing of the UCC proposal — a yr forward of the final elections — she mentioned the problem has sadly “all the time been politicised” and has by no means been about gender parity.
“It (UCC) was not on the proper time beneath the UPA authorities and never on the proper time beneath the NDA. It is because of persistent patriarchy within the clergy that the Muslim private regulation (Shariat) couldn’t be codified in 70 years. Protecting politics apart, this can be the one alternative for girls to have interaction within the course of for gender-just legal guidelines,” she mentioned.
Talking about particular Muslim legal guidelines round points like baby marriage, polygamy, nikah halala, guardianship, and so forth, she identified that because the legal guidelines should not codified, they’re vulnerable to misinterpretation.
Giving the instance of the Muslim private regulation on marriage, she mentioned {that a} Muslim woman can marry quickly after attaining puberty.
“Lately, a lady 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 achieving puberty is 15 years for a Muslim woman, after which she may be married. How can this be acceptable? It’s good that polygamy goes down amongst Muslims however why can we wish to hold it in any respect?” she requested, including that such practices had been launched 1,400 years in the past and the present-day period is completely totally 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 beneath which, for reconciliation along with her husband after divorce, a girl has to marry one other man and consummate that marriage.
“It’s not talked about within the Quran however is the results of a misogynistic mindset and misinterpretation of Muslim legal guidelines which aren’t codified,” she mentioned.
Sumaiya Roshan, president of Ladies Islamic group (GIO), however, spoke about “ladies’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 individuals wish to get one thing out of nothing,” she informed ThePrint, including that “whereas the Muslim private regulation is simply, the way in which of practising it may be totally different due to totally different interpretations. The impression being given is that the UCC will influence solely Muslims, however it would influence everybody”.
(Edited by Nida Fatima Siddiqui)
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