The implementation of a Uniform Civil Code (UCC) in India has been a long-standing topic of debate. The UCC aims to replace religion-based personal laws with a uniform set of laws applicable to all citizens. Though this outwardly will seem to affect all religious groups, the main target of such laws will be Muslims and Islamic practices. This, if implemented, will essentially invalidate, according to ‘the law of the land’ all Islamic practices which go against the UCC. The govt aims to implement it by this monsoon session.
What will UCC change?
1. Multiple simultaneous marriages for Muslim men will be disallowed, as it is already not allowed for other communities in general.
2. Talaq and Khula, will not be legally effective according to the UCC. Divorce procedures would’ve to be followed under the Civil court directives. Cancellation of the Iddah period, and allowing the women to go back to her triply divorced husband without going through another marriage will be enacted.
3. Islamic inheritance laws will become disfunctional. UCC laws of inheritance will become effective. according to which a Muslim woman will get an equal share from her father’s property just like her brother. This is against what Allah and His Messenger ﷺ have enshrined in The Shariah.
4. UCC aims to work on population control in order to limit the births of children per couple.
Note:
The issue of referring to non-Islamic law is a matter of great seriousness in the Islamic Shariah. If a person ‘willingly’ chooses to refer to a non-Islamic law thinking that he/she can get more rights using the non-Islamic laws and thus thinks that- *’the non-Islamic laws are better’*, then he/she is considered a disbeliever. This is because he has rejected the authority of Allah and His Messenger ﷺ and has instead chosen to follow the laws made by humans.
Also: If a person is pleased and happy that the Muslim Personal Law will be (or has been) repealed, or he/she is pleased that what was Halal for the Muslims was made prohibited by an oppressor, and he thinks that the development is a positive change for the Muslims. He is no longer a Muslim, he is a disbeliever, because he thinks that something other than the Shariah of Prophet Muhammad ﷺ is good for judging between Muslims.
A Muslim can use non-Islamic laws only under coercion, and with the belief that what Allah and His Messenger ﷺ revealed are and forever will be superior.
Saheehus-Seerah 