Professional Documents
Culture Documents
u sb
Personal Law
and
Uniform Civil Code
. .
-• • • PL 44,-•••••-:4-4--ON
Shams Peerzada
Muslim Personal Law
and
SHAMS PEERZADA
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Author
Author
Shams Peerzada
Shams Peerzada
Edition
Edition June 2014
June 2014 1,100
Price
Price ::ZZ24.00
24.00
Published
Published byby
MarkaziMaktaba
Markazi MaktabaIslami
Islami Publishers
Publishers
Abul Fral
D-307 Abul FralEnclave,
Enclave,Jamia
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Nagar,
Okhla, NewDelhi
Okhla, New Delhi—
—110025
110025
Ph:
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1. Preface 5
6. National Integration 22
Whenever
Whenever aacommunal
communalriot riot
occurs
occurs andanda political
a political
leader feels
leader feels like
likegiving
givingaastatement
statement it it
is is
invariably
invariably stated
stated
that
that aaUniform
UniformCivil CivilCode
Code isisaamust
must forfor
achieving
achieving na-na-
tional
tional integration.
integration.WhatWhat inineffect
effecthehemeans
means to say
to say
is that
is that
communal riots
communal riotsbreak
break out because
out because of of
thethePersonal
Personal LawLaw
of Muslims
Muslims and andififthis
thiswere
weretotobebe abolished
abolished andanda a
Uniform
Uniform Civil
CivilCode
Codepromulgated
promulgated there
there will
will
be bean an
endendto to
the communal
the communalriots. riots.This
This isisaaquack's
quack's diagnosis.
diagnosis. TheThe
origin
origin ofof not
notaasingle
singlecommunal
communal riot
riotcancanbebe traced
tracedto to
Muslim
Muslim Personal
PersonalLaw. Law.There
There have
have several
severaltimestimesbeenbeen
enquiries into
enquiries intothethecauses
causesofofvarious
various riots.
riots.None
None of of
these
these
enquiries
enquiries revealed
revealedthe theMuslim
Muslim Personal
Personal LawLaw in any
in any
de- de-
gree
gree being
being thethecause
causeofofcommunal
communal riots.
riots.
What
What thenthen
is is
the purpose
the purposeof ofpropping
propping upup thethe
issue
issue of of
Muslim
Muslim Per-Per-
sonal law in connection
sonal connectionwith
withthe theriots?.
riots?.
Even otherwiseaaUniform
Even otherwise UniformCivil CivilCode Code is is asserted
asserted as as
imperative for
imperative forbringing
bringing about
about national
national integration.
integration. Jus-
Jus-
tice Y.V. Chandcrchud
Chandcrchud for for example
example once
once saidsaid
in in
Bombay:
Bombay:
"Onelaw
• "One lawof
ofmarriage
marriage for
for allall would
would be be
an an important
important
step towards
step towardsnational
nationalintegration".
integration".
(Indian Express
(Indian Express21-1-67)
21-1-67)
NATIONAL INTEGRATION 23
does not have the right to divorce his wife but either of
the spouses wishing to severe the marital relationship
has to move a court of law and the court will award a
decree only if it is satisfied that any one of the grounds
enumerated in the Code does exist. In any event the
court shall not entertain an application whithin three
years of the solemnisation of marriage.
In Islam the husband has been given the right to
divorce and the woman has been awarded the right to
obtain kbula. The Hindu Code negates the right of
both. Neither the husband has the right of divorce nor
the wife that of kbula, but both are bound to move a
court. The demerits of this system are obvious. It is not
always desirable to take the private affairs of a married
couple to the open courts. Then to prove an allegation
in a court of law, even though true, is not easy with all
the intricacies of legal wrangles. It is, therefore, quite
likely that a husband in order to avoid the complica-
tions of a legal procedure may simply discard his wife or
shall take recourse to level false but dirty accusations
against the wife so as to obtain a decision in his favour.
Similarly, as against the simple method of seeking kbula
a wife shall also have to undergo the protracted
hardships of presenting her case in a court of law. And if
even after a long legal battle in law courts she loses the
case the fate of her future life with her husband can well
be imagined. Taking everything into consideration it has
to be conceded that subjecting the parties to a court's
decree in this matter is in no way helpful for the
women.
FEATURES OF THE UNIFORM CIVIL CODE 35