Why it is in Muslim interest to cooperate in framing a constructive UCC

The stormy revival of the debate on a Uniform Civil Code (UCC) reminds me of what Lenin said in the run-up to the 1917 Russian revolution: “There are decades when nothing happens; and there are weeks when decades happen.” After literally decades of inertia when nothing happened it has catapulted to the top of public political discourse with even the usual UCC sceptics willing to support it, though with caveats. It appears to be no longer a question of “if” but “when” some sort of a law bringing a semblance of uniformity in myriad personal laws is enacted. A draft of a UCC prepared by a Uttarakhand government-appointed panel is said to be ready and expected to become a model for a nation-wide law. PersonalIy, I welcome the move though I’ve reservations about its timing (just ahead of next year’s general election) and the confrontational tone of the debate with the Opposition calling it a political dog-whistle and the BJP accusing them of Muslim appeasement. Prime Minister Narendra Modi has accused the Opposition of trying to “instigate” Muslims on the issue while not caring for their welfare. My own view is that the so-called Muslim leadership spearheading the blind opposition to UCC doesn’t need any instigation from outside. It’s already regressive enough not to let go of its medieval mindset. However, political point-scoring should not detract from the fact that a debate on UCC has been long overdue and should be welcomed – including by Muslims if only because it would put an end to the uncertainty that has hung over their head like a sword of Damocles. The fact is that to a great degree it has been prompted by the community’s own women folk complaining of gender discrimination under the Sharia-based Muslim Personal Law. Their victory over the triple talaq practice – now a criminal offence – has given a boost to their demand for further reforms focusing on issues like inheritance, succession, maintenance and guardianship. A nationwide survey of Muslim women by News18 found overwhelming support, especially among educated women, for a radical overhaul of the existing Muslim personal law regime to ensure gender equity. Its key findings include a “very high degree of support” among Muslim women on the key provisions of what most experts say will be the major tenets of any UCC. “Though there is a slightly higher support of the provisions of the UCC among highly educated Muslim women (Graduate+), the overall support is very high,” it says with some 67 per cent of all Muslim women in favour of a common law for all Indians for personal matters such as marriage, divorce, adoption and inheritance. It found “highest support” for equal rights of succession and inheritance of property irrespective of gender. There is also “very high support” for raising the minimum age for marriage for both men and women to 21. Of course, anyone even vaguely familiar with Muslim women’s mood didn’t need a poll to tell them what they think of the existing Muslim personal law. Only the Muslim leadership appears to have missed the trick. And I’m not sure if the mullahs would be persuaded by a poll. Meanwhile true to type, Muslim leaders have gone missing at this crucial juncture. All that we have by way of an official Muslim reaction is a statement from the All India Muslim Personal Law Board reiterating its opposition to a UCC. In its representation to the Law Commission, it has said that “majoritarian morality” should not override religious freedom and rights of minority communities in the name of a code. Nothing surprising there. Its pet objection to tampering with the Muslim Personal Law has always been that it is “immutable” because it derives from the teachings of the Quran and sharia. This despite the fact that Islamic scholars have repeatedly questioned such claims. Not only the immutability claim is a myth, but the sharia law as practised in India bears little resemblance to its original spirit. Professor Tahir Mahmood, one of India’s most authoritative voices on Islam, has accused the Muslim clergy of misinterpreting and misrepresenting the original law. “The law as practised here is not the true Islamic law,” he wrote over the weekend calling it “incompatible with the modern age”, in the Indian Express. Let’s cut to the chase: the time for bogus claims, lame excuses and dithering is over. The community must either move towards reforming its personal laws voluntarily to bring them in line with modern times or it will have changes imposed upon it from outside as happened with triple talaq. The only option before it to avoid another – and possibly bigger – humiliation is to ackowledge the regressive aspects of the Muslim Personal Law as it exists today and undertake to reform it. The community should also come forward with concrete proposals and work with the government to help shape a law that would address its concerns. Having said that, one doesn’t have to be a Muslim apologist to be sceptical of the populist narrative portraying Muslims as the only obstacle to a UCC. As the unfolding debate shows most minority groups – Jains, Sikhs, Christians, Parsis, various tribal communities – are opposed to any dilution of their cultural and religious identity. Sikh activists, backed by the Shiromani Gurdwara Parbandhak Committee and Shiromani Akali Dal, are reportedly planning to set up a Sikh personal law board to push their viewpoint on the issue. Indeed, sections of Hindus too are opposed to any interference with the Hindu Undivided Family law provisions relating to tax exemptions. Besides, more than 30 tribal groups in Jharkhand have urged the Law Commission to withdraw the move pending wider consultations with all stakeholders. Earlier this year, the Mizoram state Assembly passed a unanimous resolution saying that “any steps taken or proposed to be taken for the enactment of a UCC in India will terminate religious and social practices, cultures, and traditions of minorities”. In view of ethnic tensions in Manipur, the government is likely to tread cautiously there to avoid further complicating the situation in the region. But elsewhere, too, matters of cultural and religious identity need to be handled with sensitivity to dispel minority fears. Even senior BJP leader Sushil Modi has recommended that tribals from North East should be kept out of the ambit of UCC, and –according to a PTI report – it has been welcomed by the “RSS-affiliated Akhil Bharatiya Vanvasi Kalyan Ashram”. In a statement, it also asked the Law Commission not to submit its report in haste, urging it to first understand the customary practices and traditions of the tribal communities from their prominent members and organisations. Judging from the reactions so far, it is obvious that securing a consensus on such a contentious issue is easier said than done. As for Muslims, as I have always maintained, their misconceived and dogged opposition has already done enough damage to the community’s interests and image. The status quo can no longer be sustained. It’s either reform or perish. And time is running out. The writer is an independent columnist and the author of Unmasking Indian Secularism: Why We Need A New Hindu-Muslim Deal_. Views are personal._ Read all the  Latest News ,  Trending News ,  Cricket News ,  Bollywood News , India News  and  Entertainment News  here. Follow us on  Facebook ,  Twitter  and  Instagram .