The Bharatiya Muslim Mahila Andolan, which has been seeking reforms in Muslim personal law, has opposed the introduction of Uniform Civil Code in the country.
“The Supreme Court observation has emanated from the need to bring about a gender-just legal framework and not from a desire to impose or force anything on different communities. This must be read as such and not as encouragement for ‘Hinduisation’ of all laws and social practices,” said Dr Noorjehan Safia Niaz, co-founder, Bharatiya Muslim Mahila Andolan (BMMA).
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Earlier this week, the Supreme Court had asked the government if it intended to introduce a Uniform Civil Code in the country.
The BMMA has claimed that it is opposed to the introduction of Uniform Civil Code without taking into account the Constitutional guarantee of freedom of religion.
It has claimed that the Constitution of India, under Article 25, grants the right to all, including minorities, to have personal laws based on respective tenets of different religious communities.
“It is also time that all religious minority and majority communities stated their positions on the UCC. A UCC is meant for all communities and not just Muslims. Are all communities willing to give up their personal laws? It is a question that all communities have to ask themselves and state their position in the public space,” Niaz said.
Rather than a Uniform Civil Code, the organisation has claimed, there is need for “gender-just reform in the Muslim personal law based on the Quranic values of equality and justice in line with Article 25 of the Constitution of India”.
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“It is important to point out that national integration cannot happen by a common family law but by treating all citizens equally. There can be no imposition of any kind as this would impinge on the religious freedom and secularism principles enshrined in the Constitution,” Niaz added.
She said there was a strong fear that Hindu marriage laws could be imposed on all other religious minorities in the name of the Uniform Civil Code.
The BMMA has taken on the traditional Muslim clergy in the country and has been demanding that the Muslim Personal Law should be codified so that its provisions were clear to everyone. However, the conservative clergy has claimed that the codification and banning of practices such as ‘oral talaq’ are tantamount to tampering with the Sharia and the Islamic way of life.
Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1936. This law makes the application of Shariat applicable to all Muslims. However, this law is not codified and is open to interpretations by the local clergy. Women’s groups have claimed that these interpretations are not gender-friendly and prone to be misused against women.
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The BMMA had recently published a report of a survey in which it had found that 92.1 per cent of the surveyed Muslim women wanted a ban on oral and unilateral Talaq, while 91.2 per cent did not want their husbands to have a second wife.
The organisation has also come out with a draft law called the Muslim Marriage and Divorce Act, in which, for the first time, Islamic laws relating to marriage, divorce and maintenance have been codified.
The BMMA is hoping the government uses this draft law to improve conditions of Muslim women in the country.
Zeeshan Shaikh is the Associate Editor who heads The Indian Express' Mumbai reporting team. He is recognized for his highly specialized Expertise in analyzing the complex dynamics of Maharashtra politics and critical minority issues, providing in-depth, nuanced, and Trustworthy reports.
Expertise
Senior Editorial Role: As an Associate Editor leading the Mumbai reporting team, Zeeshan Shaikh holds a position of significant Authority and journalistic responsibility at a leading national newspaper.
Core Specialization: His reporting focuses intensely on two interconnected, high-impact areas:
Maharashtra Politics & Urban Power Structures: Provides deep-dive analyses into political strategies, municipal elections (e.g., BMC polls), the history of alliances (e.g., Shiv Sena's shifting partners), and the changing demographics that influence civic power in Mumbai.
Minority Issues and Socio-Political Trends: Excels in coverage of the Muslim community's representation in power, demographic shifts, socio-economic challenges, and the historical context of sensitive political and cultural issues (e.g., the 'Vande Mataram' debate's roots in the BMC).
Investigative Depth: His articles frequently delve into the historical roots and contemporary consequences of major events, ranging from the rise of extremist groups in specific villages (e.g., Borivali-Padgha) to the long-term collapse of established political parties (e.g., Congress in Mumbai).
Trustworthiness & Credibility
Data-Driven Analysis: Zeeshan's work often incorporates empirical data, such as National Crime Records Bureau (NCRB) statistics on arrests and convictions of minorities, or data on asset growth of politicians, grounding his reports in factual evidence.
Focus on Hinterland Issues: While based in Mumbai, he maintains a wide lens, covering issues affecting the state's hinterlands, including water crises, infrastructure delays, and the plight of marginalized communities (e.g., manual scavengers).
Institutional Affiliation: His senior position at The Indian Express—a publication known for its tradition of rigorous political and investigative journalism—underscores the high level of editorial vetting and Trustworthiness of his reports.
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