Will country be governed by Constitution or ideological agenda: Maulana Madani on UCC row
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New Delhi, Sep 16 : Jamiat Ulama-i-Hind president Maulana Arshad Madani on Wednesday criticised the proposed implementation of the Uniform Civil Code (UCC) in all 21 states governed by the BJP-led National Democratic Alliance (NDA), and questioned whether the country would be governed by the Constitution or by the "ideological agenda of a political party".
Union Home Minister Amit Shah had, on September 13, said that the UCC would be implemented in all 21 NDA-ruled states before 2029. He said the code had already been introduced in several states and expressed confidence that it would be extended to all 21 states before the next Lok Sabha elections.
The announcement has drawn support from NDA constituents while also facing criticism from Opposition parties and several Muslim organisations.
Amid the ongoing debate, Maulana Madani questioned the proposed expansion of the UCC and said, "The Home Minister's announcement that the Uniform Civil Code will be implemented in all 21 NDA-ruled states before 2029 raises a fundamental question: Will the country be governed by the Constitution or by the ideological agenda of a political party?"
He further said that implementing the UCC is a "deliberate attempt to undermine the supremacy" of the Constitution and the "religious freedoms" guaranteed to citizens.
"Jamiat Ulama-e-Hind wants to uphold the country's secular Constitution, democracy, and the rule of law. Therefore, it has approached the Uttarakhand High Court against the Uniform Civil Code and hopes to receive justice. Six hearings have taken place in the Uttarakhand High Court so far, and senior advocate Kapil Sibal and other lawyers have appeared on behalf of Jamiat Ulama-e-Hind," he said.
Maulana Madani also opposed any legal provision that, according to him, would conflict with Islamic personal law and said that the issue involved constitutional and religious rights.
"We cannot accept any law that is against Sharia. Muslims can compromise on everything, but they can never compromise on their religion and faith. This question is not about the existence of Muslims, but about their constitutional and religious rights. Through the Uniform Civil Code, the government wants to strip Muslims of the rights granted to them by the Constitution," he said.
The Jamiat chief argued that Muslim personal laws have a religious basis and questioned the need for a mandatory common civil code when alternative civil laws are already available.
"Muslim family laws are not human-made laws, but are derived from the Quran and Hadith. For those who do not wish to govern their affairs under any religious personal law, the country already has alternative civil laws. In such a situation, why is a mandatory Uniform Civil Code necessary?" he added.
Maulana Madani also raised the issue of exemptions available to Scheduled Tribes and questioned why, in his view, the constitutional protections concerning religious freedom could not similarly be respected.
"Another fundamental question is: If Scheduled Tribes can be exempted from this law under the provisions of the Constitution, why can't the religious freedom granted to Muslims under Articles 25 and 26 of the Constitution be respected? Why this discrimination in the name of a Uniform Civil Code?" he said.
He maintained that the debate over the UCC extends beyond Muslim personal law and concerns the interpretation and preservation of India's secular constitutional framework.
"India is a secular country, and secularism means that the government has no religion of its own, and citizens are free to exercise their religious freedom. Therefore, a Uniform Civil Code that interferes with religious freedom cannot be acceptable to Muslims," the Jamiat chief said.
Maulana Madani also questioned the argument for "one country, one law" by pointing to variations in laws and their implementation across different states.
"The government promotes slogans like 'one country, one law' and 'there cannot be two laws in one house', but India's legal framework itself allows for different laws in various states. Criminal laws and their enforcement also have state-level variations and special provisions, while laws related to cow slaughter are also not uniform across the country. Jamiat Ulama-e-Hind has long demanded that the cow be granted national animal status to ensure its protection throughout the country," he said.
"In this context, it would be appropriate to argue that the purpose of implementing the Uniform Civil Code is to curb the religious freedom of citizens and limit their constitutional rights," he added.
The UCC seeks to establish a common framework of personal laws covering matters such as marriage, divorce, inheritance and adoption, irrespective of religion.
Several states have moved towards adopting UCC-related legislation, with Uttarakhand becoming the first state to pass and fully enforce such a law.
Union Home Minister Amit Shah had, on September 13, said that the UCC would be implemented in all 21 NDA-ruled states before 2029. He said the code had already been introduced in several states and expressed confidence that it would be extended to all 21 states before the next Lok Sabha elections.
The announcement has drawn support from NDA constituents while also facing criticism from Opposition parties and several Muslim organisations.
Amid the ongoing debate, Maulana Madani questioned the proposed expansion of the UCC and said, "The Home Minister's announcement that the Uniform Civil Code will be implemented in all 21 NDA-ruled states before 2029 raises a fundamental question: Will the country be governed by the Constitution or by the ideological agenda of a political party?"
He further said that implementing the UCC is a "deliberate attempt to undermine the supremacy" of the Constitution and the "religious freedoms" guaranteed to citizens.
"Jamiat Ulama-e-Hind wants to uphold the country's secular Constitution, democracy, and the rule of law. Therefore, it has approached the Uttarakhand High Court against the Uniform Civil Code and hopes to receive justice. Six hearings have taken place in the Uttarakhand High Court so far, and senior advocate Kapil Sibal and other lawyers have appeared on behalf of Jamiat Ulama-e-Hind," he said.
Maulana Madani also opposed any legal provision that, according to him, would conflict with Islamic personal law and said that the issue involved constitutional and religious rights.
"We cannot accept any law that is against Sharia. Muslims can compromise on everything, but they can never compromise on their religion and faith. This question is not about the existence of Muslims, but about their constitutional and religious rights. Through the Uniform Civil Code, the government wants to strip Muslims of the rights granted to them by the Constitution," he said.
The Jamiat chief argued that Muslim personal laws have a religious basis and questioned the need for a mandatory common civil code when alternative civil laws are already available.
"Muslim family laws are not human-made laws, but are derived from the Quran and Hadith. For those who do not wish to govern their affairs under any religious personal law, the country already has alternative civil laws. In such a situation, why is a mandatory Uniform Civil Code necessary?" he added.
Maulana Madani also raised the issue of exemptions available to Scheduled Tribes and questioned why, in his view, the constitutional protections concerning religious freedom could not similarly be respected.
"Another fundamental question is: If Scheduled Tribes can be exempted from this law under the provisions of the Constitution, why can't the religious freedom granted to Muslims under Articles 25 and 26 of the Constitution be respected? Why this discrimination in the name of a Uniform Civil Code?" he said.
He maintained that the debate over the UCC extends beyond Muslim personal law and concerns the interpretation and preservation of India's secular constitutional framework.
"India is a secular country, and secularism means that the government has no religion of its own, and citizens are free to exercise their religious freedom. Therefore, a Uniform Civil Code that interferes with religious freedom cannot be acceptable to Muslims," the Jamiat chief said.
Maulana Madani also questioned the argument for "one country, one law" by pointing to variations in laws and their implementation across different states.
"The government promotes slogans like 'one country, one law' and 'there cannot be two laws in one house', but India's legal framework itself allows for different laws in various states. Criminal laws and their enforcement also have state-level variations and special provisions, while laws related to cow slaughter are also not uniform across the country. Jamiat Ulama-e-Hind has long demanded that the cow be granted national animal status to ensure its protection throughout the country," he said.
"In this context, it would be appropriate to argue that the purpose of implementing the Uniform Civil Code is to curb the religious freedom of citizens and limit their constitutional rights," he added.
The UCC seeks to establish a common framework of personal laws covering matters such as marriage, divorce, inheritance and adoption, irrespective of religion.
Several states have moved towards adopting UCC-related legislation, with Uttarakhand becoming the first state to pass and fully enforce such a law.
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Note: The content of this article is sourced from a news agency and has not been edited by the ap7am team.