This article is SUBMITTED BY : S. BANUMATHI,BBA.LLB(HONS)2ND year.
- RESEARCH QUESTIONS
- AIMS AND OBJECTIVES OF THE STUDY
- RESEARCH ANSWERS
- LITERATURE REVIEW
This research is going to be about Muslim Marriage Act, like marriage ceremonies and customs and divorce and it’s types and maintenance . the main ground of this research is about women struggles and are they treated equally in the Muslim laws like men etc; and another ground is that if whether UCC is implemented will the struggles of Muslim women will be reduced . This research will highlight the research about the implementation of UCC and highlight the Cultural and Traditional values of a particular community. Now I will give a small introduction of marriages in Muslim law ; Nikah is called marriage in Islamic law , it is nothing but legalizing sexual intercourse between two individual by a civil contract . In earlier days the marriages were not registered but nowadays it is compulsory to register the marriages according to Muslim Marriage Act
Marriage in Muslim law is known as Nikah. It is an Arabic word which means a contract to legalise sexual relationship. When we see Muslim marriage in legal aspect it is civil contract with offer and acceptance that is a proposal i.e.,ljab by one party and i.e., and Qubul by the other other party. In a contract there should be consent and without no valid consent , the marriage will not be a valid marriage but there is an exception to this civil contract ,here minors also can enter into a marriage contract with the help of guardians and upon attaining the age of majority the contract can be either maintained or revocked . Here the age of majority is age of Puberty .The parties of the marriage are allowed to enter into ante nuptial or post nuptial agreement if it is enforceable by law. The only condition is that it must be reasonable and not contrary to their religion . In Abdul Kadir Vs Salima And Ors – Others Judgements – Lawyersclubindia
It was held that Muslim marriages were just civil contracts and not a sacrament.
- ARE MUSLIM WOMENS ARE GIVEN EQUAL RIGHTS LIKE MEN IN MARRIAGES ?
- WILL IMPLEMENTATION UCC REDUCE INEQUALITY ?
THE AIM AND OBJECTIVE OF THE STUDY
The main aim and objective of this study is to highlight the difficulties faced faced by muslim women in their marriages and implementing UCC .
Lets come to the first question , that is by my research I have come to know that earlier days they were not that much maintenance and they were given maintenance only during the IDDAT period and as mehr or dower . That was not sufficient for living of the divorced women and maintaining her children. In muslim marriages, the husband have rights to do more than one marriage this will be cruelty to the wife which is ground of divorce in HMA , but wife can divorce only when her husband gives his consent and not otherwise. But after Shah Bano v Mohd. Ahmed Khan Case Law Summary: Mohd. Ahmed Khan v. Shah Bano Begum and Others (1985 … the Parliament decided to enact the Muslim Women ( Protection of Rights on Divorce ) Act 1986. This Act is mainly about the maintenance given by the husband to wife
PAYMENT OF MAINTENANCE
According to Section 3 of the act , A Muslim women after a divorce is entitled to :
- A Reasonable and fair amount to be paid by the former husband during her iddat period .
2. In the case of a child , the former Husband has to pay a reasonable and fair amount to maintain the child from the two years from the date of birth of the child.
3. She is entitled to dower that was agreed at the time of marriage.
4. The properties that have been given to her before, during or at the time of marriage
5. If the husband fails to do so , the court will pass an order directing him to fulfil the obligations given in the Section.
According Section 4 of the act , it gives the order for payment of maintenance,
- If the divorced woman is not able to maintain herself and has not remarried, the court will order her relatives having an interest in the property to maintain it until the death of the husband or if he is incapable of doing so.
2. If she has children , the court will order them to maintain her , but if they are incapable , then such an order will be given to her parents.
3. In the absence or incapability of her relatives, children or parents, the court will order the State Wakf Board established pursuant to Section 9 of The Wakf Act 1954 to maintain her . So I conclude the first issue with that there are some particular areas in which muslim women are not given equal rights in certain areas.
Now lets come to the second question,
With regard to UCC it will promote national integration and secularism by removing the distinctions and contradictions based religious personal laws and creating a common identity for all citizens . It would ensure gender justice and equality by abolishing the discriminatory and oppressive practices against women in various personal laws, such as polygamy, unequal inheritance , etc; in Sarla Mudgal case, The court held that ,”Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilised society. Article 25 guarantees religious freedom whereas Article 44 seeks to divest religion from social relations and personal law. Marriage , Succession and like matters of a secular character cannot be brought within the guarantee enshrined under Articles 25,26,27. The personal law of the Hindus , such as relating to marriage, succession and the like have a sacramental origin, in the same manner as in the case of Muslims or Christians. The Hindus along with sikhs, Buddhists and jains have forsaken their sentiments in the cause of National unity and Integration. Some other Communities would not , though the Constitution enjoins the establishment of Common civil code for the whole of India” So I conclude my second issue by ensuring that there are chances that UCC will reduce inequality and it will integrate unity and harmony among the people. I would also like to quote another few case laws , Shayara Bano vs Union of India – Triple Talaq – Case Summary
In this case it was decided that triple talaq was illegal and it was removed from the Muslim law and it was declared as an arbitrary practice . Jordan Diengdoh vs Swaranjeet Singh Chopra on 29 February, 1984.
In this case a Christian woman married to a sikh man under the Indian Christian Marriage Act , sought nullification of her marriage under the Indian Divorce Act prompting the SC to point once again to the UCC Sarla Mudgal Vs Union of India – Case Analysis | Law column in this case , the SC order sought to disentangle Article 44 and personal laws from religious freedom .
John Vallamattom & Another vs Union Of India – Case Summary in this case, SC struck down section 118 of the Indian succession act after a Kerala pastor contested that it was discriminatory to Christians and imposed unreasonable restrictions on bequeathing property for religious / charitable purposes. The SC had then observed that it is a matter of regret that article 44 was not given effect to. National Textile Workers’ Union vs P.R. Ramakrishnan & Others on 5 May …
The SC again called upon the government to bring in a legislation on UCC as the courts alone cannot enforce it. “ The only solution for many of these social problems is to appeal to do their assigned job in the best interests of the community . It is wrong to that by some strained construction of law , the court can find a solution to all problems,” it had observed .
Uniform Civil Code – By Anubhuti Rastogi ( law times journal ):
In this article , the author explains about the about the UCC Its meaning , existence in the constitution and benefits of Bringing UCC in the country irrespective of Personal laws in the areas of divorce , inheritance and adoption and its demand in British period and the protests that happened then and about again its emergence after independence in India and deals about the issues of diversity in religion and customs and what are the impact on personal laws by implementing UCC and what are the problems in enforcing UCC and about the disputes post 1985 etc; and he concludes that UCC’s implementation can be best to the rest of India.
BL Explainer : What is the Uniform civil code all about ?
In this article they explain about the UCC existence in the constitution and tells us that implementation of UCC is the poll promise of the UCC and what is the UCC all about .
Through this article I would like to suggest implementation of UCC throughout India to ensure national integration and secularism by removing the distinctions and contradictions based on religious personal laws and creating a common identity for all citizens . It would also foster a sense of unity and harmony among diverse communities , it would ensure gender justice and equality by abolishing the discriminatory and oppressive practices against women in various personal laws such as polygamy, unequal inheritance, etc; UCC would simplify the legal framework by consolidating and harmonising various laws into a single code . This would enhance clarity , ease of implementation ,and reduce the burden on the judiciary, ensuring a more efficient legal system. Many countries across the world like France, have implemented a uniform civil code . A UCC is the sign of modern progressive nation implying that it has moved away from caste and religious politics.