India's UCC: A Beacon of Hope for Global Muslims

Given the historical context of civil code implementations in the region, why has India still not adopted a Uniform Civil Code (UCC)? Prime Minister Jawaharlal Nehru passed a Hindu Civil Code in 1950s, Pakistan Military Chief Ayub Khan passed a Muslim Civil Code in 1961, and Justice Muhammad Carim Chagla proposed a Muslim Civil Code in 1964: 

• Hindu Civil Code of 1950s: Traditional Hindu laws that prevailed in India prior to the Independence movement often discriminated against women in matters of property, marriage, and inheritance.  The diversity of Hindu customs across different regions of the country created a need for a unified legal framework. Realizing the demand for uniformity, B.R. Ambedkar, architect of the Indian Constitution, drafted the Hindu Code Bills championing women's rights.  Prime Minister Jawaharlal Nehru supported the reforms and played a crucial role in their passage during the 1950s, immediately after Independence. 

• Muslim Civil Code of 1961: General Ayub Khan, the military ruler of Pakistan, modernized the Muslim Personal laws by introducing significant reforms in 1961 through the Muslim Family Laws Ordinance (MFLO). This legislation aimed to modernize and improve the status of women within the Islamic legal framework. The Muslim Family Laws Ordinance of 1961 marked a significant step towards women's rights in Pakistan. It laid the foundation for subsequent reforms and continues to be a subject of debate and discussion.

• Muslim Civil Code of 1964:  A prominent Indian jurist and educationist, M.C. Chagla, representing the liberal section of the Muslim community, made significant efforts to bring about changes in line with modern times and women's rights. He strongly believed that the personal laws of Muslims were outdated and discriminatory against women. In 1964, Chagla, as the Chairman of the Law Commission of India, presented a report recommending significant reforms to Muslim Personal Laws. Though Prime Minister Nehru also strongly supported the proposed revision of Muslim Personal laws and Shariat Applications, his passing away on 26 May 1964 left these reforms unimplemented. 

History of Civil Codes

Civil Code defines a set of laws governing personal matters of citizens. Traditionally, personal laws in India are primarily based on religious scriptures and customs. These laws cover areas like Marriage, Divorce, Inheritance, Adoption, and Maintenance. More details of each of the Civil Codes in the region are given in the following sections. 

The Hindu Code Bills: A Landmark Achievement

The Hindu Code Bills were a landmark achievement in the history of Indian law and social reform. These laws laid the foundation for a more equitable and just society for Hindu women and men.

The Hindu Code Bills were a series of legislative reforms introduced in India during the 1950s with the aim of modernizing and unifying Hindu personal law. These laws aimed to replace the complex and often discriminatory customs and practices prevalent in Hindu society with a more equitable legal framework.   

The impetus for these reforms stemmed from several factors:

• Colonial Legacy: British rule in India had introduced certain legal reforms, but Hindu personal law remained largely untouched.
• Social and Political Awakening: The Indian independence movement fostered a spirit of reform and equality, leading to demands for changes in personal law.
• Discrimination against Women: Traditional Hindu laws often discriminated against women in matters of property, marriage, and inheritance.   
• Need for Uniformity: The diversity of Hindu customs across different regions created a need for a unified legal framework.

The Hindu Code Bills encompassed a wide range of reforms, and the key features include:

• Marriage and Divorce: Introduced monogamy, simplified divorce procedures, and provided for equal rights for both spouses in marriage.   
• Adoption and Guardianship: Relaxed adoption laws and granted equal rights to both parents in guardianship matters.
• Inheritance and Property: Granted equal inheritance rights to daughters and sons, abolished discriminatory practices like the 'limited estate' of women, and provided for women's property rights.   
• Joint Family Property: Introduced provisions for the partition of joint family property and the rights of women in such property.   

B.R. Ambedkar, a leading architect of the Indian Constitution, played an outstanding role in drafting the Hindu Code Bills and championing women's rights. Prime Minister Jawaharlal Nehru of India, supported the reforms and played a crucial role in their passage.   

The passage of the Hindu Code Bills was a significant step towards gender equality and social reform in India, though the process was fraught with challenges due to conservative opposition and resistance to change.  

Muslim Personal Laws Ordinance: Strong Foundation for Reforms

General Ayub Khan, the military ruler of Pakistan, introduced significant reforms to Muslim Personal Laws in 1961 through the Muslim Family Laws Ordinance (MFLO). This legislation aimed to modernize and improve the status of women within the Islamic legal framework.

Key features of the reforms included:

• Registration of marriages and divorces: This was a crucial step to provide legal recognition and protection to women. It helped in preventing arbitrary divorces and ensuring the rights of women and children.
• Restrictions on polygamy: The MFLO introduced stricter conditions for men to marry more than one wife. This aimed to curb the practice of polygamy, which often disadvantaged women.
• Inheritance rights: The ordinance expanded inheritance rights for women and grandchildren, providing them with a more equitable share in the family property.
• Dower rights: The MFLO emphasized the importance of dower (mehr) and ensured its timely payment to women.
• Child custody: The law provided guidelines for child custody in case of divorce, prioritizing the welfare of the child.
• Maintenance for divorced women: The ordinance stipulated provisions for the maintenance of divorced women and children.

While these reforms were considered progressive for their time, the MFLO was met with both support and opposition. Some critics argued that it interfered with Islamic law, while others considered it insufficient in addressing the deep-rooted patriarchal structures within society.

Despite being intended to modernize Muslim personal law in Pakistan and improve the status of women, the ordinance faced significant hurdles. While it offered some advancements for women's rights, its implementation was hindered by a lack of awareness, cultural resistance, and opposition from conservative religious groups. Ultimately, the reforms fell short of addressing the deep-rooted gender inequalities within Muslim society due to ineffective enforcement and insufficient societal change.

Muslim Personal Laws: A Report of Significant Social Reforms 

M.C. Chagla was an Indian jurist, diplomat, and Cabinet Minister who served as Chief Justice of the Bombay High Court from 1947 to 1958. Chagla strongly believed that the personal laws of Muslims were outdated and discriminatory against women. He argued that these laws were hindering the progress of Muslim women and preventing their full participation in society. 

His primary concerns included:

• Polygamy: He was a vocal critic of polygamy, considering it a social evil that adversely affected the status of women.
• Divorce: Chagla advocated for stricter regulations on divorce, especially the unilateral right of divorce granted to Muslim men (talaq).
• Inheritance: He sought to ensure equal inheritance rights for Muslim women, similar to those enjoyed by women in other religions.
• Child Marriage: Chagla was against child marriage and sought to raise the legal age of marriage for both boys and girls.

In 1964, Chagla, as the Chairman of the Law Commission of India, presented a report recommending significant reforms to Muslim Personal Laws. The report was a landmark document that outlined the need for changes in line with the principles of equality, justice, and human rights.

Key recommendations of the report included:

• Uniform Civil Code: The commission suggested the adoption of a Uniform Civil Code for all citizens, irrespective of religion. While this was a controversial proposal, it aimed to eliminate discriminatory practices prevalent in personal laws.
• Reforms within Muslim Personal Laws: In case the Uniform Civil Code was not feasible, the commission proposed several reforms within the existing Muslim Personal Laws, including those related to marriage, divorce, polygamy, maintenance, and inheritance.

Despite the progressive stance of Chagla and the Law Commission, the proposed reforms faced stiff opposition from conservative elements within the Muslim community. Religious and political leaders argued that any changes to personal laws would amount to interference in religious matters.

Ultimately, the government of the day was reluctant to undertake comprehensive reforms due to the fear of political backlash. As a result, the recommendations of the Law Commission remained unimplemented. 

It's important to note that while Chagla's efforts did not lead to immediate and sweeping changes, his work laid the foundation for future discussions and reforms. His advocacy for women's rights and equality continues to inspire those working for the betterment of Muslim women in India. Chagla's efforts were instrumental in initiating a broader conversation about women's rights and the need for legal reforms within the Muslim community. 

His work laid the groundwork for subsequent efforts to address these issues, such as the Shah Bano case and the more recent debates on triple talaq.

Obstacles to Reforming Muslim Personal Laws

There are formidable challenges in the endeavor to reform Muslim Personal Laws. These obstacles stem from a complex interplay of religious, political, and social factors.

Religious and Cultural Obstacles:

• Conservative religious interpretations: The most significant hurdle was the resistance from conservative sections of the Muslim community who viewed any alteration to personal laws as an infringement upon their religious beliefs.
• Fear of communal disharmony: There was a pervasive fear that any attempt to reform Muslim Personal Laws would exacerbate communal tensions between Hindus and Muslims, a sensitive issue in India's political landscape.
• Deep-rooted patriarchal norms: Many discriminatory practices against women were deeply ingrained in societal and cultural norms, making it difficult to challenge them through legal reforms.

Political Challenges:

• Lack of political will: Successive governments were hesitant to undertake comprehensive reforms due to the fear of losing the Muslim vote bank.
• Populist politics: Politicians often exploited religious sentiments for electoral gains, making it difficult to create a conducive environment for reform.
• Complexities of coalition politics: The multi-party system and the need for coalition governments often hindered the passage of progressive legislation.

Legal Challenges:

• Constitutional provisions: Article 44 of the Indian Constitution envisions a Uniform Civil Code (UCC), but it is a directive principle of state policy, not a fundamental right. This provided a legal loophole for avoiding immediate implementation.
• Judicial interpretations: Courts have interpreted personal laws with varying degrees of flexibility, leading to inconsistencies and difficulties in enforcing reforms.

Political Opposition To Uniform Civil Code

The Uniform Civil Code (UCC) is a proposed law in India that aims to create a single set of laws governing personal matters for all citizens, regardless of their religion. Traditionally, respective religion-based civil codes have governed personal matters since independence.. These laws cover personal matters such as marriage, divorce, inheritance, and succession for all citizens of the country. Indian Constitution’s Article 44, one of the directive principles of state policy, advocates UCC. 

When India introduced the Hindu Code Bills in the 1950s to modernize Hindu personal laws, questions arose about why similar reforms weren't being undertaken for Muslims. Leaders like B.R. Ambedkar and Jawaharlal Nehru explained that while there was a significant portion of the Hindu population open to progressive changes, the same wasn't true for Muslims. They attributed this difference to the migration of many educated and wealthy Muslims to Pakistan during Partition, leaving behind a largely impoverished and less educated Muslim population in India. Due to these circumstances, they believed it was premature to reform Muslim personal laws at that time and that such changes should be considered later.

While the situation was different in the 1950s, with proposals for Muslim Personal Law reforms made as early as 1964 by M.C. Changla, it is astonishing that even after six decades, the All India Muslim Personal Law Board maintains its opposition to a common civil code. They firmly assert that Muslims will not compromise on Sharia law: Uniform civil code not acceptable, says All India Muslim Personal Law Board

Even more surprising is the INDI alliance's unconditional support for the Muslim community's stance on personal law, seemingly driven more by opposition to the ruling government than by a careful consideration of the issue.

A Larger Vision by Religious Communities 

Prime Minister Narendra Modi's 2024 Independence Day speech, called for implementation of a secular civil code: 

“A big section of society believes, and there is truth in this, that the current civil code is in a way a communal civil code. It is a civil code which promotes discrimination. It divides the country along religious lines and promotes inequality."

While AIMPLB and Jamiat Ulama-i-Hind  strongly opposed the UCC proposal, Jamaat-e-Islami Hind has refrained from reacting to Mr. Modi’s call. The Jamaat feels that the UCC affects all Indians, and it would not be wise to condemn or accept a proposal whose details are yet to be defined. The Jamaat has decided to adopt a wait and watch policy till "government frames a draft law”.

In this context, it is important to highlight a quote by MC Chagla taken from Journal of Muslim Minority Affairs, Volume 41, 2021 - Issue 3:

"Muslims have every right to preserve their religion and there is nothing to prevent them from doing so under the Constitution, but it is  time that we learnt to look upon religion as a private affair, and not something … to be brought as an issue on every considerable subject. So long as the Muslims look upon themselves as a political minority, they have no future in the country."

It has to be noted that the minority appeasement practised by Congress for electoral gains, which is uncritically backed by the INDI alliance opposition parties, along with the stance of opposing UCC, taken by religious fundamentalists among Muslims, serves only the short term and selfish interests of all sections involved. 

A Path to Islamic Unity and Modernity

In summary, the Uniform Civil Code should be implemented with the primary goal of fostering the long-term well-being and progress of the entire Muslim community in India. To achieve this, moderate Muslims must actively oppose religious radicalism within their community. Simultaneously, the Hindu majority and other religious groups should strive to create a supportive environment by moderating their own rhetoric and promoting a culture of mutual respect, tolerance, and understanding.

Finally, Indian Muslims should utilise UCC implementation as an opportunity to reform not only their own members in India but also of the whole world.  They should position themselves as pioneers of a modern and inclusive Islamic society, fostering a progressive environment that can inspire positive change in the global Muslim community and the whole world.