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THE CRUCIBLE OF CHOICE: UNIFORM CIVIL CODE OR SHARIA LAW FOR INDIAN MUSLIMS?

By P Mohan Chandran


Have you ever wondered about the distinct ways through which a society regulates the lives of its members? Have you considered how different laws and their applications might influence the social fabric and individual lives? The scenario in India, home to a multitude of religions and cultures, presents an engaging case in point. The burning debate is about a potential shift from religious personal laws to a Uniform Civil Code (UCC), particularly concerning the Muslim community. In the heart of this issue lies a fundamental question: Should Indian Muslims continue to follow personal laws based on Sharia, or should they transition towards a UCC?


Envisage a giant scale of justice, balancing the prospects of Sharia Law and a Uniform Civil Code. On one side of the scale is Sharia Law – a religious legal system governing members of the Muslim faith. The pan dips under the weight of tradition, religious sentiments, and a sense of identity that many Muslims associate with the application of Sharia law.


On the other side is the UCC, which rises with the ideals of uniformity, equality, and national integration. It promises a legal system where religion does not govern civil matters, where every citizen, irrespective of their faith, stands on an equal footing.


This is not a simple choice. It's about preserving religious freedom and cultural identity versus establishing uniform civil laws. It's about understanding whether the call for UCC is a pursuit for national integration or a potential threat to cultural autonomy. It's about introspecting whether following a specific set of religious laws in civil matters divides or strengthens a pluralistic society.


Instead of imposing one view over the other, perhaps the decision should be left to the community itself. A democratic poll among Indian Muslims, asking for their preferred choice, could be one possible way forward. After all, shouldn't the people affected by a law have a significant say in its creation?


However, it is crucial to ensure that this choice is not based on misconceptions or extreme interpretations. The question of UCC vs. Sharia should be a decision between different legal systems, not a choice between adherence and defiance of one's faith. Moreover, if Sharia Law is chosen, it is crucial to ensure that it doesn't infringe upon the basic rights granted to every citizen by the Indian constitution.


Let’s conclude the debate with a few thought-provoking questions: Is the Uniform Civil Code a step towards unity, or is it a threat to diversity? Can Sharia law and the UCC coexist, or is the choice between them inevitable? Will the voice of the Muslim community be heard, respected, and factored into the final decision?


Perhaps the answers to these questions will shape the future course of India's social and legal landscape. Whatever the outcome, it's essential that this significant decision is taken in a manner that respects the principles of democracy, cultural diversity, and individual freedom that India upholds.


Do you agree that Muslims should be given the choice to choose Sharia Law or UCC in toto?

  • Yes, let them choose the law they want to be governed by.

  • No, UCC should be strictly implemented for all faiths.



© 2023. P Mohan Chandran. All Rights Reserved.

13072023

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