New Delhi: Amid the growing demands of Uniform Civil Code (UCC) and Judiciary's instruction to government for its implementation, Muslim body Jamaat-e-Islami Hind has come in strong opposition to enforce its implementation.
Jamaat Chief Syed Jalauddin Umari today expressed strong apprehensions over the recent observations by the judiciary about enforcing UCC in India and the abrogation of Muslim Personal Law.
Addressing the media in Delhi, Maulana Umari opined that a UCC is practically impossible for a multi-religious country like India.
He said that the Constitution of India guarantees the Muslims and other minorities the freedom and fundamental right to observe personal laws as per their religion and no government or court can do away with Muslim Personal Law.
He added that modification or abrogation of Muslim Personal Law is tantamount to an infringement of Article 25 of the Constitution.
Maulana emphasised that UCC is just a recommendation under the Directive Principles and it is up to the government to formulate it or not.
“If a court has any objection to any article in any of the Personal Laws, it can and should consult and discuss with the experts of that personal law. But it is not right if one says that Personal Law should be done away with and UCC should replace it,” Maulana Umari said.
In a strong worded directive, the Supreme Court last month had asked Union government to suggest ways to ensure that Muslim women are treated on par with women of other religions in the country.
"There is no safeguard against arbitrary divorce and second marriage by her husband during currency of the first marriage, resulting in denial of dignity and security to her," a bench comprising Justices AR Dave and AK Goel said.
Then a few weeks later, Gujarat High Court on Thursday made a strong pitch for a uniform civil code and called for the abolition of polygamy in Muslim society in India as it's a "heinously patriarchal" act.
"On the basis of modern progressive thinking, India must shun the practice (of polygamy) and establish a uniform civil code," said Justice JB Pardiwala, while adjudicating on a petition by a Muslim man who faced bigamy charges after marrying for a second time without his first wife's consent.
