News Brief
Representative Image
In a response submitted by the Jamiat Ulema-e-Hind to the Law Commission of India, it has stated that the imposition of a mandatory Uniform Civil Code (UCC) would be an attempt to enforce one identity over diverse identities.
The Islamic organisation has argued that such a uniform code would contradict the principles of legal pluralism and hinder inclusivity and tolerance.
The 22nd Law Commission, on June 14, announced that it was examining the issue of UCC and invited public opinions on the matter. The deadline for submitting responses was set for June 15.
In a 14-point response, the muslim body submitted that a strict interpretation of gender equality would place an unfair burden on women. They explained that according to Muslim Personal Law (Shariat), the responsibility for the maintenance of the entire family lies with the husband/father.
However, a code based on a strict interpretation of 'equality' would require the burden of maintenance to be shared equally by the wife/mother, which they argued would be unjust.
According to the response they submitted, in Muslim Personal Law (Shariat), a man pays dower, also known as mahar, during the time of marriage. However, if a strict interpretation of 'equality' is followed, it would mean that women may be forced to give up their dowers or even be compelled to pay dowers to men.
This change in the law of dower would undoubtedly affect the contractual nature of Muslim marriages, they have argued.
Further, the Jamiat argued that the inheritance law of Shariat is based on the principles of equity rather than a strict interpretation of equality.
They argue that Muslim men have been assigned the financial responsibilities of supporting a family, which is why their rights in property have been given 'higher importance' due to their 'greater' financial obligations.
This comes even as the All Indian Muslim Personal Law Board (AIMPLB), continues to voice its opposition to the UCC citing danger to 'diversity'.
Support Swarajya's 50 Ground Reports Project & Sponsor A Story
Every general election Swarajya does a 50 ground reports project.
Aimed only at serious readers and those who appreciate the nuances of political undercurrents, the project provides a sense of India's electoral landscape. As you know, these reports are produced after considerable investment of travel, time and effort on the ground.
This time too we've kicked off the project in style and have covered over 30 constituencies already. If you're someone who appreciates such work and have enjoyed our coverage please consider sponsoring a ground report for just Rs 2999 to Rs 19,999 - it goes a long way in helping us produce more quality reportage.
You can also back this project by becoming a subscriber for as little as Rs 999 - so do click on this links and choose a plan that suits you and back us.
Click below to contribute.
Latest