Why Muslims don’t need a Uniform Civil Court!

By Dr. Javed Jamil

Who are interested in UCC?

The clamour for UCC comes from at least three forces.

First, forces of Hindutva, which make noise less out of any ideological convictions and more out of their desire to dominate. They feel that if Hindus are to be united as a monopolising power, the best course of action would be to pose Muslims and their religion as threats to Hindu religion, and Hindu identity, and to ensure that they are not allowed to develop into a socially, economically and politically powerful community at par with Hindus.

Second is the market forces that regard moral and family values enshrined in religions as a massive obstacle in their plans of turning human beings into commercial beings. They are particularly aggressive against Islam, because it has clear distinction between permitted and prohibited, and its followers are more determined believers in their religious system. They seek to commercialise every human weakness.

Third group is that of leftist forces whose socio-economic ideology does not recognise religion altogether.

Myth of Uniformity: position of different laws in India

Laws are not only different in different states on the ground of their special status but also related to the issues of various prohibitions, taxes, etc. Articles giving different status to different states include :

• Article 369,
• 371 {Special provision of Maharashtra and Gujarat} 371A {of Nagaland}
• 371B {Assam}
• 371C { Manipur}
• Articles 371D & 371E { Andhra Pradesh and Telangana}
• 371F { Sikkim}
• 371G {Mizoram}
• 371H { Arunachal Pradesh}
• 371I {State of Goa}
Art 370 has rewcently been abrogated.

Then, till recently there was Armed Forces Special Powers Act for Tripura.

Despite Hindi being National Language, language policy of different states is different. In Karnataka, Kerala and Tamil Nadu, languages other than Hindi are official.

Laws related to alcohol and cow slaughter are also different in different states. There is no ban on cow slaughter in Arunachal, Mizoram, Meghalaya, Nagaland, Tripura, Sikkim, Kerala and West Bengal.

Reservation policy in education and jobs is different for different states and for different communities.
Even tax policies vary from state to state.

Directive Principles

First, they are only guidelines and not enforceable.

Second, Article 44 related to CCC is not the only directive principle not yet enforced. For example, there is a directive principle that State shall work towards reducing Economic Inequality as well as inequalities in status and opportunities, not only among individuals, but also among groups of people residing in different areas or engaged in different vocations. Economic Inequality in India is ever on the increase. If we see the Forbes’ list of 100 richest Indians, wealth will be found concentrated only in the hands of Upper Caste Hindus.

Modernity not acceptable as the basis of Uniformity

Modern systems are totally unacceptable as basis of UCC as they regard humans commercial rather than human beings. Market-controlled feminism has done much greater damage to everyone especially women and children than any other system. “Rights” to women are in fact right to men to enjoy, use and exploit women. Economics, not health or peace is supreme for them. This has led to all kinds of dangerous practices (in terms of effects on health) like promiscuity, gay, lesbianism, prostitution, alcohol, drugs and gambling. This leads to tens of millions of death due to sex related diseases and crimes including lakhs of rapes. More than 70 million children are killed in wombs every year.

In a study, the University of Utah found that the number of women who have had sex with more than 15 partners is 7 per cent. And the overwhelming majority of the population is promiscuous. Gallup finds 7.1% of adult Americans lesbian, gay, bisexual, transgender.
According to Childtrends, about 40 per cent births in America occur outside marriage and nearly 24 million children live in single-parent families.

If India continues with these world trends, India too will witness a sharp increase in all such incidences including crimes related to live-in relationships and promiscuity.

Why Islamic Social System best for human security (health of individuals, family health and social order)

The difference between Islamic and Modern approach:

In modernism, family issues are dealt to benefit markets t; in Islam they are dealt in accordance with biological, health and social considerations of all the members of family and society.

In modernity, family is an impediment in the growth of: sex market, fashion market, hoteling, alcohol, drugs, gambling, etc. In Islam, family is the pivot of social peace; and is a wall of safety against unhealthy sexual practices and exploitation; it protects women in their biological functions, and protects children against neglect and abuse; also provides huge protection against many diseases;
In modernity a woman can become a prostitute, unmarried sex partner, unwed mother, single parent; in Islam, there is protection against all of these;

In Islam, rights of men and women are based on their biological roles and social responsibilities towards each other and towards children; in modernism on the demands of market;

Modernity allows premarital relationships but bans legal marriage before a specified age, in Islam, there is no scope for premarital sex; but marriage is allowed after biological adulthood, though mental and financial maturity are preferable.
Modernity allows promiscuity but bans polygamy. In Islam, there is absolutely no room for promiscuity but allows restricted polygamy with women and their children enjoying full medical, legal and social rights..
In modernism, in the name of financial liberty women are being over-burdened with work; they work making serious comprises with their family life, children being the greatest sufferers. In Islam, while women have the freedom to earn, the responsibility of maintaining them and their children is of their husbands.

Status of women in Islam

Islam believes in equality not uniformity. There is no uniformity in biological functions and responsibilities of men and women. Women have lot of biological burden (pregnancy, breastfeeding, nurturing of children); so the responsibility of finances is on men who have to maintain wives and children. Killing girls has been fiercely condemned in Quran. Women have the right to education, right to choose their spouse, right to take divorce, right to maintenance throughout her married life, right to have Mehr in consideration of marriage, right to decide along with husband in matters of family planning, right to custody of children (till specific ages) if divorced, right to remarry if divorced or widowed, right to inheritance and right to bequeath. She has equal rights in religion and her satus as mother is considered much higher than father’s.

Divorce

Divorce method in Islam is the most correct one, provided Quranic method of divorce is followed, which gives three months for reconcilaition. Iddah (Waiting Period) is extremely crucial as it protects

(1) wives against immediate desertion;
(2) unborn children;
(3) the identity of father (if her pregnancy becomes known after she leaves, there may be doubts raised about father)
(4) pregnant women; her Iddah will be extended till completion of child birth;
(5) Iddah is of 90 days in divorce and 130 days for widows. So a woman can marry another man only after a gap of 90 days. This protects from Sex Transmitted Diseases as the Incubatuion Period of all STDs and Window Period of AIDS is less than 90 days.
(6) Even after Iddah, she gets maintenance from husband if she is breastfeeding;
(7) In case of previous chidren, boys will be with her till the age of at least 7 years and girls till marriage, and father will be responsible for their maintenance.

Polygamy versus Promiscuity

What an irony that polygamy is being attacked by those who have been promoting promiscuity all over the globe! In modernity, one can have relations with as many women as possible, without attracting any legal action, but cannot have a second legal wife. Unlike promiscuity, polygamy protects the social and legal status of women. Polygyny is also not associated with the sex transmitted diseases the way promiscuity is. It is because; unlike in promiscuity where both men and women normally have several relationships, mostly casual, in polygyny, man has long-term relations with women (maximum of four, which too is rare), none of whom has relations with any other man. It follows that, whereas polygyny is self-limiting and medically minimally hazardous; promiscuity is all-enveloping and medically enormously dangerous. This is practically impossible for even a significant minority to become polygamous, as the demography does not allow it, but it is a distinct possibility that the majority of the population becomes promiscuous. The Western countries of today have very high promiscuity rate with most of men and women changing multiple partners during lifetime.

There may be reasons for a second wife: No Children from previous wife, her illness etc; and it ensures that most of the women get married, especially if M/F ratio is in favour of women.

Islam allows polygyny but prefers monogamy. In Indian Muslims, polygamy is extremely low.
Mehr

Islam does not only give rights in inheritance, it also gives her several economic rights in marriages. The first is right of women in marriage is “Mehr”, an amount (cash and kind), paid/promised by husband to wife. Islamically, this amount should be paid right at the time of marriage but in India normally it is “promised”. In case of divorce Quran asks men to give an additional amount as “Mataa bil Maruf”, which should be according to his status.

Holistic Regime of Hygiene in Islam
Islam presents‘Holistic Regime of Hygiene’ with following components:

I. External Physical Hygiene
Istanja (washing of private parts after urinating): huge protective effects against urogenital infection;
Keeping garments clean
Wudu (ablution): this involves washing of exposed organs and mouth, reducing risks of mouth infections, cardiovascular problems, skin infections and cancers and eye infections;

Washing of private parts after intercourse and bathing as soon as possible: this will decrease chances of sex-related diseases including HIV and HPV;

Miswak (brushing of teeth) (highly promoted in Prophet’s (SAW) sayings: remarkable preventive effect on infective diseases of teeth, gums and several internal organs;
Ban on pork and pig farming; discouraging keeping dogs in domestic areas; prevention against Swine Flue which has killed crores in last century and Rabies (lakhs of deaths every year).

II. Internal Physical Hygiene
Total ban on alcohol, drugs, (dangerous for health and peace);
Ban on flesh of dead animals, carnivorous animals, pork, blood, etc;

III. Sexual Hygiene

Sex only with spouses. Sex during menses and immediate postnatal period not allowed. Wash mouth and private parts soon after intercourse;
Circumcision (a big protection against HIV, HPV and related cancer cervix and other STDs):

IV. Mental Hygiene
Total ban on activities such as pornography, watching sex and violence, reading materials that can lead to corrupting thoughts, which can incite people to indulge in forbidden activities;

V. Spiritual Hygiene

Regular prayers: invocations; preaching; meditation; charity;

VI. Environmental Hygiene

Cleaning of clothes;
Clean surroundings; not doing anything that pollutes air and water.
Almost all pandemics in last 120 years, which have killed more than 200 million people (Swine Flu, AIDS, Rabies, Covid), had direct relationship with non-compliance with Islamic guidelines.

It is not just that Qur’ānic system is beneficial for health; health is, in fact, an inseparable part of its objectives. With proper practice, every year more than 80 million lives can be saved. These include: two million murders; 2.2 million suicides; 2.5 million deaths due to AIDS; 2 million deaths associated with alcohol; 2 million deaths associated with gambling and drugs; 70 million cases of foeticide; 60,000 deaths due to Rabies.

Some Recent Modifications in Law and their Implications

Love Jihad

UP Government passed a law which says, “according to the law, conversion from one religion to another by “misrepresentation, force, fraud, undue influence, coercion, allurement or marriage” stands prohibited and any marriage with the sole intention of changing the girl’s religion will be declared null and void.” The question is: Why Hindutva activists are bringing in a law against love jihad only and not against love dharmayudh”? Why are they worried only about Muslim boys marrying Hindu girls, and not about Hindu boys marrying Muslim girls? Is there a sinister plan behind this? With births of girls rapidly decreasing among newborn in Hindus in various states, are they planning to launch love dharmayudh in future after making sure that love jihad is banned? There have been reports about open calls to Hindu boys to marry Muslim girls.

Rather than fearing Muslim boys, Hindutva forces would better run a campaign on a war-footing against female infanticide which is rampant in Hindu society.

If any law was passed against marriages between Hindus and Muslims, it should have been applicable to both, boy-Hindu-girl-Muslim or boy-Muslim-girl-Hindu. What in fact happened meant not just be discrimination on the ground of religion but also discrimination on the ground of sex.

Increase in Marriage age

The question needs to be asked why legal consent of sex, which is 16 in India, was not raised at the same time. Does it not mean that they want more and more girls to be involved in pre-marital relationships paving the way for the bigger and bigger commercialization of sex, beauty and man-woman attraction? While there is ban on marrying before 21 (No Freedom of Choice here), there is no ban on developing physical relationship before that age?”.

Increasing marriage age will help markets in a big way. Night life of all kinds will prosper.

One of the effects of this policy has already been visible in recent methods, with the killing of live-in partners and cutting into pieces regularly coming in media. Sexual assaults and murders of women will continue to rise if the trend continues.

Homosexuality

Supreme Court is all set to pronounce judgement on a petition wanting legalisation of same-sex marriages. SC has already legalised homosexuality. But the facts cannot be totally buried.

Homosexuality remains the most dangerous out of all sexual proclivities. It involves an organ (anus) which no anatomist or physiologist can tell to be fit for sex. Only gay-market benefits. According to various reports men having sex with men have life expectancy 20-30 years less than heterosexuals. Even SC had accepted in its judgment that homosexuals are 8 times more likely to catch HIV/AIDS.
There is a difference between “homosexual rights” of humans and “human rights” of homosexuals. Homosexuals need attention: social and medical. They need to be protected from unauthorised punishments by other members of society and they need psychological support for giving up their habits.

Triple Divorce

Another step taken by the Modi Government was the ban on Triple Divorce. Ordinance has chiosen to put the erring husbands behind the bars for three years, which is totally inuman and does not benefit the divorced wife and children in any way.

Last Word: Why Big No

In India, Secularism does not mean negation of religion but acceptance of the rights of the people to practice and propagate religion. Articles 15, 16, 25-29 are meant exactly for the same. The overwhelming majority strongly believe in religion and strong family system; and have specific kinds of family culture.

Any attempt to bring Uniform Civil Code will be opposed by Muslim. They cannot accept any UCC:
If based on modern concepts of freedom of sex:

If it tries to change laws related to Family Matters in Islam, like Limited Polygamy, Divorce, etc;
If it accepts homosexuality, promiscuity and prostitution;
If it changes laws related to Inheritance, which in Islam, are diretly proportionate to economic responsibilities of men and women;
While Family Planning through temporary methods is acceptable, putting blanket ban on numbers of children will aggravate abortions by choice, especially female infanticide;
If it takes steps that promote marriages of Muslim girls with Hindus (while maintaining ban on marriage of Muslim boys with Hindu girls):

If rights of community to use Waqf properties in the interest of community are affected;
If it seeks to create obstacles in Muslim practices like Azan, Namaz, fasting and Hajj;

Of course, Muslims need to follow Islamic Shariah themselves in true spirit. Muslims tend to ignore rights of women in inheritance; and rules related to Mehr and divorce need to be properly put in practice.
Finally, if any attempt is made to impose UCC against the will of the people, it is bound to lead to severe reaction, and the community will have the right to use all peaceful methods to stop any such action.
Muslims will favour any moves that bring all religions together on ground of common religious morality and will oppose any move that creates hatred on ground of religious identities.

In order to save mankind particularly women from total ruin, we have to rethink our philosophies:

* We have to recognize — legally, socially, medically and economically the importance of family in healthy, peaceful and prosperous society;
* We have to recognize that any work useful for society is an economic activity, which should be measured in terms of benefits rather than currency;
* We have to define a work as “Dangerous” if it poses threat to health, family peace or social order.
* A clear preference for certain professions should be shown for women seeking work outside homes like Medical, Teaching, Social work involving women and children;
* There should be schemes that make it possible for women to work from homes.
Every woman is a working woman. Housewives should be respected as Housemanagers.

Let there be a nationwide survey conducted by asking questions:
Should there be a ban on alcohol?
On Extramarital and premarital relationships?
On gambling?
On prostitution?
On nakedness and pornography?
On homosexuality?
Let these also be added to the Questionnaire issued by the Law Commission on the subject!

Finally, Muslims will not support any change in laws, which go contrary to the spirit of Qur’an and Sunnah.

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Views are personal.