Uniform Civil Code

Discussion in 'Politics & Society' started by Yusuf, Apr 17, 2009.

  1. Yusuf

    Yusuf GUARDIAN Administrator

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    Uniform civil code of India is a term referring to the concept of an overarching Civil Law Code in India. A uniform civil code administers the same set of secular civil laws to govern all people, even those belonging to different religions and regions. This supersedes the right of citizens to be governed under different personal laws based on their religion or ethnicity. Such codes are in place in most modern nations.
    The common areas covered by a civil code include:
    Personal Status
    Rights related to acquisition and administration of property
    Marriage, divorce and adoption
    This term is used in India where the Constitution of India attempts to set out a uniform civil code for its citizens as a Directive Principle, even though the code itself has not yet been fully implemented.

    In India, most family law is determined by the religion of the parties concerned[citation needed]. Hindus, Sikhs, Jains and Buddhists come under Hindu law, whereas Muslims and Christians have their own laws. Muslim law is based on the Shariat; in all other religious communities, laws are codified by an Act of the Indian parliament. Other sets of laws deal with criminal and civil cases, such as the CrPC and the Indian penal code.

    This is one of the core issues raised by BJP. It is for bringing in a uniform civil code to India.
    Let us discuss why its so important for the BJP to get UCC enacted and why others oppose it.
     
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  3. shiv

    shiv Regular Member

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    we are a country with different ethnicity all the religons and different cultures spread around the country.What is making everyone happy? what is binding this nation & its different cultures?The practice of freedom of religon?
    every religon has the right to protect its belives....

    it is not like a muslim will not go to jail if he kills or steals something citing his religon....
    the civil and criminal laws apply equally to everyone.

    its just the personal laws that have been reserved for different cultures and religons.

    but ofcourse if you are in a government job,you cant have more than one wife and you have to register for a divorce in a court.so you see everyone is equal in governments view.

    it is just that the followers of the different religons dont exercise thier option to go to court.for example if a muslim man dies without writing a will,then his daughter is due an equal share of his property if she so chooses to pursue it in court,but that seldom happens cuz she never goes to the court and lets her brothers deal among themselves.

    i do not have a problem with different personal laws.

    but i will vote for BJP
     
  4. vish

    vish Regular Member

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    Okay, now the main problem, as I see it, with the current civil law setup is that there are so many misconceptions pertaining to the same. For example, the current civil code is often used as an excuse to further communalism. I have come across many people who claim that people of an XYZ community can get away with this and that because the law favors them. Now this may or may not be true, and if by and large it isn't, one can argue that creating more awareness is a very apt response.

    But, why can't we have a UCC? A system which treats every Indian as an Indian and not on the basis of his/her religion? Now I'm pretty certain the people who would be in charge of implementing the UCC would ensure that religious grievances are taken care of for one and all.

    Again, I have no qualms against the current system; it is just that I think that a UCC would be more apt for India. Also, a question I would ask is why should there be no UCC? I do not see any argument that can answer to that.

    These are just my views and I may be wrong; if I am, I would appreciate being corrected.
     
  5. Yusuf

    Yusuf GUARDIAN Administrator

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    Yes thats right. If all other laws are equal with regards to criminal justice, then whats the harm in allowing some personal laws when it comes to marriage, divorce, property etc?
    As far as marriage is concerned, who wants to make the same mistake twice? Who can afford it today?
    But seriously, why would it matter to any Hindu if a Muslim is allowed to marry more than once? If the Hindu scriptures had allowed it, he too would be allowed to. Where is the question of equality in this? You are just following your religion preaches. Similar with divorce and property. Why would a Hindu be bothered about how his Muslim neighbor is dividing his property?
     
  6. Flint

    Flint Senior Member Senior Member

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    I support UCC but not really a pressing issue.

    The Muslim laws are quite discriminatory - polygamy is unethical and inheritance laws discriminate against women, same for divorce laws etc. and need to be done away with. It is one of big factors which keeps muslims backward.

    Yusuf, dowry is also a hindu practice but its illegal is it not? When a religious practice clashes with basic human rights the religious practice needs to be discarded.
     
  7. sayareakd

    sayareakd Moderator Moderator

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    Actually they are jellious of the idea that Muslim personal law allows them to have more then one wife, that is the bone of contention. In fact all or most of the members of BJP themselves want to have this type of civil code for themselves, since they dont have that liberty, therefore they dont want others to have same pleasure.
     
  8. johnee

    johnee Elite Member Elite Member

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    hindu equivalent to sharia is manu smriti, which allows SOME hindus to practice polygamy. even divorce is stipulated in it, which both parties(wife and husband) can seek under certain conditions.
    but just like sharia, manu smriti is also not suitable for modern day life.
    anyway, if one is an advocate of personal laws based on sharia, then IMO, they should also advocate nijam-e-adal which taliban wants to implement in swat. because isnt nijam-e-adal based on sharia.

    recent chand and fiza marriage episode in haryana is an testimony to how personal laws can be manipulated for one's end.
     
  9. Yusuf

    Yusuf GUARDIAN Administrator

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    Sharia is as relevant today as it was when it was proposed. Its just that how its interpreted is whats causing the problem.
    Also there are many sects in Islam as well. As far as i know from what I have learned as per my sect is that Sharia is very fair in its property rights.

    The problem is that most people think of Sharia as a shown on TV and practiced by the Taliban. Sharia is not a one page script. There is more to it than that. I as a Muslim probably dont know the full extent of it, then how do those illiterates who are mindlessly killing and flogging women know the full extent of it? Im sure if you catch one Talibani and ask him a few questions on technicalities of Islam, he will not be able to answer.
     
  10. Flint

    Flint Senior Member Senior Member

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    So wait a sec - is the Muslim Personal Law different for different islamic sects?
     
  11. Yusuf

    Yusuf GUARDIAN Administrator

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    I come from the Dawoodi Bohra community which is very forward looking and progressive sect of the Shia Ismaili sect (yes there are sects within sects withing sects).
    We are very liberal in our views, we adopt technology in our day to day lives to better our lives and that of our community. Its all about how you want to adapt within the framework of Sharia.
     
  12. Yusuf

    Yusuf GUARDIAN Administrator

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    Its interpretation is.
     
  13. johnee

    johnee Elite Member Elite Member

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    are you sure? they live and die by islam, obviously they would know more about it than anybody else. its easy to assume that they are just doing things mindlessly, but IMO, any religion when implemented in its strictest form is going to lead to lot of violence in modern era.

    anyway, just like you have asserted that sharia is relevant to today since its part of your religion, why cant other communities assert the same about their religion, culture, tradition? if every community(and hinduism is not one community, its a collection of many communities) starts demanding their own personal law, where would that leave india?
    we are one nation, we should be ruled by one law(civil and criminal). period.

    also, you did not give your opinion on the criminal laws of sharia. if sharia is relevant even today, then why just implement the civil laws, why not criminal laws?
     
  14. Flint

    Flint Senior Member Senior Member

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    So does the Dawoodi Bohra community get to make its own personal laws?

    P.S. You guys are from Gujarat aren't you? There's this famous village in Gujarat with a whole street of opulent houses from the Dawoodi Bohra community - forgetting the name.
     
  15. vish

    vish Regular Member

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    Yusuf:

    No mythological text/book written a few thousand years is going to govern today's world.

    The problem with interpretation is that interpretations are and differ dime a dozen. Who's sharia/manusmriti is the right sharia/manusmriti?

    Personally, the whole idea of allowing a man to keep more than one wife sickens me. It is demeaning to women. So are dowry and sati and other such sexist practices/customs.

    This is where contention arises, dowry and sati are banned, why is polygamy allowed? I have heard many use this pseudo-argument.
     
  16. Yusuf

    Yusuf GUARDIAN Administrator

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    Because ours is not a Muslim country. Its only the personal law that matters. Criminal law is what the law of the land is as in our constitution.
     
  17. Flint

    Flint Senior Member Senior Member

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    So Yusuf, how does the personal laws which apply to your sect clash with the hindu ones?
     
  18. Yusuf

    Yusuf GUARDIAN Administrator

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    The whole thing about this UCC is basically centered around polygamy. But how many Muslims in India have more than one wife or can afford to have one? Wonder what percentage. Maybe we will not get any accurate figure. All i know is that till my great grandfather, all had one wife. I dont know who was before him.
     
  19. Flint

    Flint Senior Member Senior Member

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    Polygamy, marriage and inheritance IMO.

    Polygamy is definitely not acceptable to me personally. It results in mistreatment of women, too many children born to one single father who cannot support them financially and myriad other problems which basically keep the family stuck in a cycle of poverty.

    You're right your community is a very progressive (and prosperous) one, but Dawoodi Bohras are themselves a tiny minority and the vast majority of muslims are quite impoverished in India.

    The whole point is that muslims who cannot afford more than one wife end up having 2 or more wives. Even among hindus poor families have 5-6 kids even though they cannot support more than one.
     
  20. johnee

    johnee Elite Member Elite Member

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    ha ha.....
    cant the samething be said about hindus as well. the question is not whether the choice is used or not, but whether the choice should be given in the first place or not.
    anyway, it is not just about polygamy, but also divorce laws and alimony. many muslims/hindus may not practice polygamy, but increasingly many muslims/hindus are seeking divorce, while one side just has to utter 3 words and get rid of the b!tch oops I meant the itch. the other side has to give huge alimonies and large process for divorce.

    civil law is as important to a nation as a criminal law. so, inequality in any one field is an issue.
     
  21. Yusuf

    Yusuf GUARDIAN Administrator

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    No the Dawoodi Bohras dont enact any laws contrary to what The Quran says. Its again how its interpreted that matters.

    Yes we are from Gujarat. The name of the village is Siddhpur. There is not just one street but all the areas where our community members reside have these very well crafted/styled houses.
     

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