Uniform Civil Code and Islamic laws: which is more preferable for the enrichment of women?

By Muneer navas

There are several types of religions existing in the world. Islam is a religion which speedy influences the attention of every human being, and the Islam expands its sacred and outstanding ideas as swirls at a stretch. Triumph of Islam was panic and perplex among the foes of Islam and it then became as a disquiet and ghastly thing that make a hold for the existence of those foes. Thus, they maximum tried to defeat Islam badly. But they were not able do anything against Islam with comprehensive activities. The Islam is a super human ideology which is beyond the ability of a human being. It is from a god who had made and guided the world and its things including the universe. It is an alert from the god to his slaves for maintaining a good and proper living style. The concept and pursuit of Islam has infinitesimal outstanding features. The rules and regulations of Islamic Laws (shareeath) have an ideal pursuit for all people from different religions. Besides it includes enhance remedies for all human activities.

The Islamic law (shareeath) means a lawful way for human being who is distinguished from other living things by their intelligence and wisdom. The god specifies the rules and laws for them through prophets and the prophets execute the laws among people. The Allah says in his holy scripture then we have put you on a plain way of commandment so follow you that not the desires of those who know not. The god says that I had made paradigm lawful rules for human being for their betterment and accelerated growth. There for, they should obey, exert and pledge for setting up this laws among the people.

In this circumstance, there happened some eventful affairs negotiating the e execution of uniform civil code in our country that resulted in arise of different types of concepts against Islamic rules through abusive and accuse way. They said that the Islamic rules should be eradicatedfrom the Indian constitution that explores inequalities and unsophisticated concepts that give special privilege for men. But it is a big abuse against Islam coming from the context of a rapidly spread religion all over the world. They should urge to understand the sacred Islamic laws through an exerted way. Then they can easily change all abuses arising against it. The Islamic law considers all persons without giving any special privilege to anyone. Besides, it gives special outstanding consideration for women in the betterment of her life.

The uniform civil code means a single and uniform code made by the constitution for all persons and to avert and eradicate the venerations of all religion. Moreover, they should obey the uniform civil code for all their activities dealing marriage and divorce et cetera. It will make an infinitesimal predicament amidst all religion in India .when the constitution makers had their talk on uniform civil code, different types of screaming arose against it .some of them said the concept of adopting UCC in the fundamental rights. Subsequently, they deeply consulted about the merits and demerits of this adoption and finally they decided to involve UCC in the list of directive principles. Our constitution contains two parts-fundamental rights and directive principles. Fundamental rights mean laws that country should equally provide it among all and the people can approach the court if it is violated or outraged. The directive principles mean laws that state should endeavor for the execution of those laws in future for the betterment of the people. But in real, the adoption of UCC will not make or provide any betterment. In the meantime, it will make disputes among people and it may pave as a way for the comprehensive confrontation in the country. The Shabanu Bheegum case was one of the important reasons which had snatched the attention of rulers for negotiating UCC. She was a women, who was divorced by her husband in her 64thage and she approached Supreme Court by seeking expense from her husband after the period of divorce. As per Islamic law, the husband had not to give anything after the divorce for his ex-wife, except Mahr and ransom. But in 1985, the Supreme Court declared that the husband was compelled to give the expense to his ex-wife as a judicial remedy which was contrary to Islamic law. But he copes up the hail of the court and he questioned the outrage move of court against the pursuit of Islam. Besides, different religious organizations stood in front proclaiming solidarity for him.

At the same time, some types of screaming also took place for supporting UCC. They are arguing that during Colonial period also the British government had changed the existing Islamic criminal procedure into Indian Penal Code (1860) and Indian Criminal Laws (1861) in our country. But no one had dared to question against its implementation, then why it seems to be hard to question against it?

There is no single country in the world that had adopted UCC because; they had deeply studied the consequences of UCC systems. It will make circumstances that disregard govt. Also, it will make comprehensive disquiet and confrontation all over the country. Therefore, our constitution makers like KM Munshi argued that involving UCC in DPSP list is better and the Crisp had mentioned UCC in the constitution by few sentences. No political party had yet tried to boost the concepts of UCC and it expected that the NDA government may be the first party to reconsider it as their main agenda. Frequently, they are making procedures for its execution. The Modi government had appointed a panel under the chairmanship Justice BS Chaudhan for studying the possibilities of UCC for reporting it in the parliament. Finally we can assume that Modi government is trying to impose UCC by their power neglecting the interest of minorities. The polygamy is a system which was mostly used by the foes of Islam for abusing the religion. But it real it is an outstanding system which gives a chance for widow remarriage and also there are several types of conditions pursued by Islam for its persecution. If a person is not able to provide the needs of wives equally, the Islam never gives permission for marriage. The Islam also gives important rights for women in her entire life, and there is no any other religion that gives special privileges except the sacred religion, Islam. The QULH and refunding of MAHAR are paradigms for it.

In brief, Universal Civil code is a type persecution against the right of a citizen to promote religious belief in the country. It wants to be strictly opposed in terms of secularism and pluralism.




Bio: Muneer Navas is currently doing a special intensive course in classical Islamic studies from the Madeenathunnoor College of Islamic Science.


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