CHHATRAPATI SHAHU JI MAHARAJ UNIVERSITY

ACADEMIC YEAR 2024-25

ATAL BIHARI VAJPAYEE SCHOOL OF LEGAL STUDIES

SUBJECT:FAMILY LAW - II

TOPIC:LEGAL EVOLUTION IN INDIA: UCC, MUSLIM

PERSONAL LAW AND THE QUEST FOR EQUALITY
TABLE OF CONTENT
1. Abstract
2. Objective
3. Introduction
4. Historical context
5. Limitations of Muslim personal law
6. Quest for equality
7. Impact of UCC on “evil practices” under Muslim personal law
8. Impact of UCC on contractual nature of marriage under
9. Impact of UCC on adoption under Muslim personal law
10.Impact of UCC on maintenance under Muslim personal law
11.Impact of UCC on inheritance and succession under Muslim personal
law
12.Impact of UCC on Muslim personal law and society
13.Recent development related to UCC
14.Conclusion
15.Reference
ABSTRACT

This paper provides a comprehensive study of the historical debates on the Uniform Civil
Code focusing on the quest for equality at the present day. The coexisting diverse
religious laws and particularly Muslim Personal Law presents many complex challenges,
So this paper will explore the complexities and challenges which are underlying and
hindering on harmonizing diverse personal laws.

The position of Muslim personal law, which regulates issues like marriage, divorce, and
inheritance among India's Muslim community, is at the center of this discussion. Certain
sections of the Muslim Personal Law have been criticized for discriminating, especially
against women, and for being incompatible with the constitution's cherished values of
equality. As a result, there has been an increasing call for changes to be made to Muslim
Personal Law in order to bring it into line with contemporary constitutional ideas and
gender equality.

Furthermore, this paper explores the dynamic relationship between tradition and reform,
emphasizing how legal evolution can change the course of legal history and help create a
more just future for all citizens of India.
OBJECTIVE

This article addresses the necessity of the Uniform Civil Code (UCC) in India and how it
affect the Muslim personal law once, it is put into effect. UCC is described in Article 44
of the Indian Constitution. The primary conclusions of this study are that, following the
Shah Bano Case ruling in 1985, the demand for the implementation of UCC in India
gained attraction and emerged as one of the most contentious political issues.
However, no attempt has been made to implement it as of yet. This article's goal is to
examine the potential effects of UCC on Muslim Personal Law.The Muslim Personal
Law primarily grants men greater freedoms and privileges than women.Therefore, UCC
is crucial to achieve justice, gender equality, and national unity and not only is it
important for Muslims it but for whole society as it benefits society at large in one way or
other. Muslim personal law being bias and dominated by the males is main problem,
females under Muslim personal law are at disadvantageous position where they don’t
even have right to divorce her husband on her own accord whereas it is completely
opposite for the males.
INTRODUCTION

India has struggled to reconcile personal laws across various religious communities while
maintaining equality and justice for all because of its heterogeneous population and
sophisticated social structure. The debate has revolved around the controversy over the
Uniform Civil Code (UCC), especially as it relates to Muslim personal laws. This article
examines how Indian legal systems have developed, with a particular emphasis on the
fight for equality as it relates to the UCC controversy and the workings of Muslim
personal laws.
India is a multicultural nation with many ethnicities and beliefs. It is a secular nation that
grants everyone "freedom of religion." The citizens belonging to various religions are
governed by their own personal laws.
According to Article 44 of the Indian Constitution, "the state shall endeavor to secure for
the citizens a uniform civil code throughout the territory of India". UCC refers to a single
law that governs all citizens' of India in matters such as marriage, inheritance, divorce,
adoption, and custody. It is meant to replace the personal laws that many religious
communities use to regulate interpersonal related issues.
Though it isn't a fundamental right or a promise of the constitution, UCC is a directive
principle that the Indian government should aim toward and is established in the
constitution. It is not possible to request a UCC from the court.The only state in India to
have adopted UCC is Goa, but it has numerous disadvantages. In order to promote gender
equality and national unity, the UCC must be implemented.
Muslim Personal Law also referred as Sharia or Muslim personal law, regulates matters
including inheritance, marriage, divorce, and other family-related issues. It's an important
part of Islamic law, based on the Quran, Hadith (Mustafa's sayings), and centuries of
interpretation by Islamic jurists.
So, Muslim Personal Law is deeply ingrained in Islamic tradition and serves as a guiding
principle for many Muslims around the world, but it has several criticisms and
drawbacksas a result it is important to implement UCC.However, Muslims of India are
strongly against it because they believe that UCC would violate their right to religious
freedom.
HISTORICAL CONTEXT:
From its colonial past, India inherited a varied legal system, with many religious sects
governed by their respective personal laws. Adopted in 1950, India’s constitution sought
to construct an equitable, secular society that acknowledged the diversity of its people.
However, personal laws persisted in regulating things like adoption, inheritance, divorce,
and marriage, which frequently resulted in inequality and discrimination, particularly
against women. British government according to religious affiliation, which lead to
disjointed legal environment. However, the country started a revolutionary journey
toward equality and justice for all residents with the ratification of Indian constitution.
India’s legal system was left with a disorganized collection of personal laws, which led to
inequality and discrimination in those personal laws.

LIMITATIONS OF MUSLIM PERSONAL LAW

Muslim Personal Law also has a lot of limitations and challenges like any other legal
system. Here are some of the key limitations and challenges:

GENDER INEQUALITY:

One of the major drawback of some interpretations of Muslim Personal Law is gender
biasness. In situations like marriage, divorce, inheritance, and child custody, women may
not be treated equally. Women are disproportionately affected by many evilpractices,
which emphasizes the need for reform to address gender imbalances.

LACK OF UNIFORMITY:
Many interpretations of Islamic texts and traditions are one of the main obstacles to
Muslim Personal Law. Differing opinions on the same matter from various Islamic
jurisprudential schools may result in conflict. In legal practice, this lack of consistency
can lead to misunderstandings and inconsistent results.
INADEQUATE LEGAL PROTECTIONS:
Muslim Personal Law does not offer sufficient legal safeguards, especially for
disadvantaged populations including minorities, women, and children. For example,
women may have trouble getting a divorce or gaining custody of their children.
RESISTANCE TO REFORM:
The conventional interpretations of Muslim Personal Law may impose challenges to
reform initiatives that seek to tackle concerns related to human rights and gender
discrimination. Reform may be difficult to accomplish because conservative religious
leaders can see attempts to modify Islamic law as harming religious orthodoxy.

QUEST FOR EQUALITY

The discussion surrounding Muslim personal laws and UCC captures larger battles in
India for social justice and equality. Opponents of UCC voices worries about religious
freedom, minority rights, and cultural preservations, while supporters of the law urge for
common legal framework to provide equal rights and opportunity for all citizens
regardless of their gender or religion. The Indian lawmakers and society, striking a
balance between these conflicts interests and preserving constitutional ideals continues to
be an enormous task. A recurrent subject in Indian political discourse since the 1950
Constitution's drafting has been the search for a UCC. Notwithstanding the Indian
Constitution's directive in Article 44 to work towards the establishment of a UCC,
political sensitivities and the challenges posed by religious plurality have hindered the
progress that successive administrations have made in this area.
IMPACT OF UCC ON “EVIL PRACTICES” EXCERCISED
UNDER MUSLIM PERSONAL LAW:

1. POLYGAMY:

Polygamy is extensive practice among Muslims. Male Muslims can to marry up to four
wives without divorcing their prior spouses, and bigamy is not punishable by the Indian
Penal Code. Furthermore, under S. 494 and 495, a Muslim woman are considered to have
committed bigamy if she marries more than one person (male). The Indian Constitution's
Articles 14, 15(1), and 21 are violated by the exclusive exception granted to Muslim men.

The practice of polygamy has been questioned in various cases: 1state of Bombay vs.
Narasu Appa Mali, in case of 2Sarla Mudgal vs. UOI, and in 3Shayara bano vs, UOI.
Still today, polygamy is being practiced in India in the name of customs and culture.
Muslim personal law will have many changes, which will benefit society if UCC is
implemented. UCC will abolish this immoral and inhuman practice rom the society.

2. NIKAH HALALA:

Nikah halala is an immoral practice among Muslims, where if divorced Muslim women
wants to marry her husband again, who has divorced her than she has to undergo
marriage (nikah) with another man and have to lead a marital life with him and they have
to obtain divorce (talaq) from her second spouse, as to marry her first husband again.
This has been a long-standing ritual, but in actuality, it causes great suffering for women.
Since UCC was introduced to India, Nikah Halala may be simply eliminated because
Muslims solely follow it.

1
AIR 1952 BOM 84
2
AIR 1995 SC 1531
3
AIR 2017 SCC 1 (SC)
 3. IDDAT:

The elimination of the practice of Iddat would be one of the major modifications to
Muslim law brought about by the establishment of UCC. According to Islamic law, a
woman must undergo iddat before being married a second time following her husband's
talaq or after his passing (death). She is not allowed to get married until the iddat is
resolved. Periods of Iddat range from three months to a year (if she becomes pregnant).
The aim of this study was to determine whether a woman becomes pregnant following a
divorce or widowhood. Such a woman must observe the three months of iddat; if she is
not conceived, she may then consider getting married again. However, there is absolutely
no purpose to practicing iddat in our technology age. However, it is still done in the guise
of custom, which has caused suffering for this woman. Therefore, the adoption of UCC
would put an end to this wicked behaviour.

4. CHILD MARRIAGE:

Child marriage is common in certain Muslim groups in India, while it is not specifically
related to Muslim personal law. Early marriage, according to critics, exposes young girls
to health hazards and marital abuse, as well as deprives them of education and
possibilities.

These practices have generated discussion and controversy both among Muslim
communities and in the larger Indian legal reform framework. Critics claim that they
violate human rights and gender equality principles, and they desire changes to the
Muslim personal law to bring it into compliance with the constitution's goals of justice
and equality for all people, regardless of gender or faith.
IMPACT OF UCC ON CONTRACTUAL NATURE OF
MARRIAGE UNDER MUSLIM PERSONAL LAW:

Muslim marriages are seen as a legal commitment between the partners. According to
Muslim personal law, a couple can only get married when one of them makes a proposal
and the other accepts it in exchange for something in exchange. Muslim marriages are
seen as contracts, as opposed to Hindu Personal Law marriages, which are considered as
sacraments. The contractual marriage system would be abolished with the enactment of
UCC. Additionally, marriage registrations would need to be done. The nature of Muslim
marriage are:
1. RELIGIOUS CEREMONY: Typically, an Imam or Qadi (Islamic judge) or
other authorised Islamic authority performs a religious ceremony to solemnise a
Muslim marriage. Recitations of passages from the Quran, vows being
exchanged, and the groom giving the bride a dowry (called Mahr) are common
elements of the event.
2. CONTRACTUAL: Islamic perspective on marriage holds that it is a contract in
which the husband and wife decide to join by mutual consent. The "Nikah," or
marriage contract, details the terms and conditions of the union, as well as each
spouse's responsibilities and rights.
3. MONOGAMOUS: The majority of Muslim marriages are monogamous, while
Islam does allow polygamy in some circumstances. According to Islamic law, a
man is permitted to have up to four wives as long as he treats them all fairly.
Nonetheless, monogamy is common in many nations and societies with a majority
of Muslims.
4. FAMILY AND PROCREATION: Muslim marriage is seen as a holy union
intended to start a family and bear children. According to Islamic law, children
born into a married couple are legitimate and entitled to specific rights and
protections
IMPACT OF UCC ON ADOPTION UNDER MUSLIM
PERSONAL LAW:
In India, adoption is one of the main concerns. Apart from Hindu Law, no other personal
law permits the couples to engage in the adoption practice. The Hindu Adoption and
Maintenance Act of 1956 governs the adoption procedure. Law in the Muslim
community prohibits the practice of adoption. It is legally not permissible for the Muslim
couples to claim their adopted child as their own.

Thus, the Muslim personal law would be significantly impacted by the application of
UCC. It is possible to apply adoption-related legislation to all Indian Muslims. The child
gains the right to inherit his adoptive father's possessions and the Muslim parents are able
to lawfully claim the status of adoptive parents. Therefore, the adoption of UCC makes
the child of Muslim parents as good as their biological child.

IMPACT OF UCC ON MAINTAINANCE UNER MUSLIM

PERSONAL LAW:

The requirements for maintenance in Muslim Personal Law are different from those
under civil law, as they are derived from the Quran and Hadith. The idea of "nafaqah," or
maintenance, in Islam requires a husband to support his wife and children. The wife's
level of living and the husband's financial capacity are two of the criteria that go into
determining how much maintenance is paid.
If UCC were to be put into effect, it could potentially alter the current regulations under
Muslim Personal Law and establish maintenance laws across all religions. This can give
rise to arguments and disputes on how to interpret Islamic principles in reference to
maintenance obligations.
 Some argue that by recognising equal rights and obligations for men and women
regarding maintenance, a UCC may promote gender equality. Others, however, argue that
it could infringe upon Muslims' right to their own religion and encounter opposition from
the community's more traditional members.

Overall, a UCC's impact on maintenance under Muslim Personal Law would rely on the
particular clauses enacted and how well they align with Islamic beliefs and customs. A
mio

The Supreme Court for the first time directed the Parliament to frame UCC in the year
1985 in the case of 4Mohammad Ahmed Khan vs. Shah Bano Begum (popularly
known as Shah Bano case). After this the matter of maintenance was highlighted in case
of 5Danial latifi vs. UOI (2001).

IMPACT OF UCC ON INHERITANCE AND SUCCESSION

UNDER MUSLIM PERSONAL LAW:

Different religions have different rules about succession and inheritance. In the event of
an intestate inheritance, the sons' share will be equal to the combined shares of the two
daughters, according to Muslim law. The children's mother would be entitled to a sixth of
the deceased husband's estate. An illegitimate child is entitled to a portion of the mother's
assets under Sunni law. Shia law, however, forbids any sort of ownership interest in
either parent's assets.
As a result, the Uniform Civil Code's application would result in codified legislation that
is applied in relation to succession and inheritance laws. Illegitimate and adopted children
would also be entitled to inheritance and succession, and a stable distributing system
would be formed.

4
AIR 1985 SC 945
5
AIR 2001 SC 3958
IMPACT OF UCC IN MUSLIM PERSONAL LAW AND
SOCIETY:

There will be a positive impact of UCC on Muslim Personal Law some of them are as
follows;

WOMEN’S RIGHTS:Women's rights and status can be significantly improved by

personal law reforms, especially in Muslim personal law. For example, women can
address problems like inheritance rights, polygamy, and divorce (talaq), empowering
women and advancing gender equality.

EQUALITY AND UNIFORMITY:

Ensuring equality under the law for all citizens, regardless of their religion is one of the
UCC's main objectives. It aims to standardize personal laws among various religious
communities, so advancing justice and equality.
PROTECTION TO MINORITY’S RIGHTS:
Contrary to the belief system, a UCC can also safeguard minorities' legal rights by
making sure that their own laws are neither violated nor subjected to undue influence. It
can guarantee conformity to fundamental rights and justice while ensuring the rights of
those living in minority populations.
SECULARISM AND NATIONAL INTEGRATION:
A UCC strengthens the secular fabric of the state and advances national integration by
promoting a feeling of common integration and guaranteeing equal treatment under the
law regardless of religion.
So, the implementation of a Uniform Civil Code can contribute to a more just, equitable,
and harmonious society by promoting equality, empowering individuals, and upholding
fundamental rights and principles.
RECENT DEVELOPMENTSRELATED TO UCC:

Growing aspirations for social reform and gender justice have led to a renewed push for
the introduction of a UCC in recent years. Substantive reforms have been hampered by
political concerns, religious sensitivities, and legal complications, which has resulted in a
glacial pace of advancement. Grassroots movements have highlighted the necessity for
both systemic change and gradual improvements and court interventions that have
attempted to address particular injustices within the confines of current legal frameworks.
CONCLUSION:

India's legal systems have evolved over time, reflecting the nation's continuous attempt to
balance the values of equality, justice, and individual rights with its multicultural
community. This is especially evident in the discussion around Muslim personal laws and
the UCC. It takes careful navigating of religious, cultural, and political sensitivities
together with a firm commitment to constitutional values and social advancement in order
to achieve a consistent and egalitarian legal system. In the end, India's legal development
has been driven primarily by the desire for justice and equality.
We can therefore conclude that the Muslim Personal Law will be more impacted by the
Uniform Civil Code than by any other personal laws in the nation. Certain traditions and
behaviours that are adhered to under the Shariat are morally repugnant, contrary to
Article 25's mention of public health and order, and therefore unconstitutional. They also
violate Articles 14 and 15 of the Indian Constitution's "Right to equality" and Article 21's
"Right to live with human dignity." Moreover, such practices can be eliminated with the
use of UCC.

The UCC is desperately needed in India. UCC's sole goal is to move the nation towards
justice and gender equality. All religions in the nation will be treated equally as a result
of UCC's implementation. Despite the Indian Muslims' contention that UCC violates
Article 25 of the Indian Constitution, UCC seeks to restore national integrity without
impairing the rights of Indian nationals. UCC must therefore strike a balance between
upholding people's individual religious beliefs and safeguarding fundamental rights. It
ought to be a system that is impartial towards politics and religion and that a person of
ordinary prudence would find just and proper.
REFERENCE

1. https://blog.ipleaders.in/ucc-in-muslim-personal-law/
2. https://www.thequint.com/explainers/uniform-civil-code-explained-what-
it-is-and-why-it-matters
3. The judgment of Shayara Bano case, AIR 2017 SCC 1 (SC)
4. The judgment of Shah Bano case, AIR 1985 SC 945
5. Judgment of Daniel Latifi case , AIR 2001 SC 3958
6. Narasu Appa Mali case, AIR 1952 BOM 84
7. Sarla Mudgal case, AIR 1995 SC 1531