Jamiat Ulama-i-Hind Firmly Urged The Commission To First Seeking Consensus From The Respective Communities - UCC

Jamiat Ulama-i-Hind, a socio-religious organization, has responded to the invitation from the 22nd Law Commission, dated June 14, requesting input from public and religious organizations regarding the Uniform Civil Code (UCC).

Within 30 days, the Law Commission requested opinions and suggestions from stakeholders.

In their response, Jamiat Ulama-i-Hind expressed their objection to the manner in which the process is being carried out. They highlighted the lack of clearly defined objectives, a detailed plan, and a rationale for the rushed approach. As a result, they firmly urged the Commission to refrain from proceeding with the implementation of the UCC without first seeking consensus from the respective communities, religious groups, and organizations involved.

They emphasized that neglecting to address this concern could lead to noteworthy consequences:

1. The rights of individuals and religious communities protected under Articles 25 and 26 of the Indian Constitution would be undermined. This would have a direct impact on the diversity inherent in our social fabric, which is a fundamental aspect of our nation's unity.
2. The federal structure and the legislative powers assigned to various governing bodies across the country, where both states and the central government have the autonomy to enact laws within their respective jurisdictions, would face significant repercussions.
3. Under the Muslim Personal Law (Shariat), the husband/father bears the responsibility for maintaining the entire family. However, a code emphasizing 'equality' would entail equal sharing of the maintenance burden by the wife/mother.
4. Similarly, under the Muslim Personal Law (Shariat), a woman's income and property are exclusively owned by her, not shared with her husband or children, whether during the marriage or after divorce. In contrast, a code based on a strict interpretation of 'equality' would deny her exclusive ownership rights.
5. In the event of divorce or the death of the husband, under the Muslim Personal Law (Shariat), the responsibility for maintaining the children shifts to the father (divorced husband), paternal grandfather, paternal uncles, or sons until the children reach adulthood. However, a code strictly based on 'equality' would require a divorced or widowed woman to bear the burden of maintenance herself.
6. Under the Muslim Personal Law (Shariat), a man provides dower or mahar during marriage. However, a code strictly based on 'equality' would lead to either women being compelled to relinquish their dowers or being obligated to pay dowers to men. This change in the dower law would affect the contractual nature of Muslim marriages.
7. Additionally, under the Muslim Personal Law, it is not permissible to transfer one's property through a will in favor of any legal heirs, whether male or female. Furthermore, the will cannot exceed one-third of the testator's property. In contrast, the codified Hindu law has presented a social challenge by favoring sons in the distribution of entire property, to the disadvantage of Hindu women.