A just and equal code

A just and equal code

Uniform civil code

Article:

1. The author Mohammed Ayoob, Professor Emeritus of International Relations, Michigan State University, is of the opinion that Muslim Indians should accept a uniform civil code that promotes gender justice and social equality.

Analysis:

2. Background:

• From the 18th century onwards, British judges decided cases involving Muslims based on their understanding of Islamic legal texts known as Anglo-Mohammedan Law, which forms the basis of Muslim Personal Law.
  • 1937: Muslim Personal Law was codified by the Central Legislature in order to impose uniformity throughout British India.
  • 1950s: Unlike Hindu law, parliament did not make any changes in the Muslim personal law because the Muslim minorities were already traumatised after Partition. Nehru wanted demand for reform to come from muslims.

3. In later years, the refusal of Muslims to adopt changes in their personal law was result of post partition insecurity. Also, the foremost proponent of an UCC was Hindu communal forces which aggravated the resistance.
4. According to author, the Koran clearly states that all human beings are equal. The prophet declared that women could inherit property and that a wife’s assets belonged solely to her.
5. Author opines that a uniform civil code (UCC) which is based on following principle should not be subjected to debate by the Indian Muslims.
   • rational,
   • non-discriminatory
   • sensitive to changing times and
   • Promotes social equality and gender justice (two principal socio-moral lessons in Islamic teachings),and
   • Does not discriminate on the basis of religion or caste.